The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-23
MAGGIE BAUER's MURDER

me trial OF FRANK NcConnochie Tor tho murder OF
Maggie Bauer was continued yesterday at the old
Queens County Court House North Hampstead, not
wthstandipg ho fact that the daybeng washington's
Blrthday-was a legal holiday. The apprehension that
the trial could not otherwise be concluded this week
induced this course. AS on the previous day. the
crowd in the court room very great and the at
mosphere, IN consequence, none Of the best Tho
father and mother of the prisoner were again pres
ent. well all the members or the
Bauer family. McConnoche brought up from his
coll lew minutes before ten o'clock, having
for the first time during the trial The opening for the
defence by tho junior counsel Theodore j. Armstrong
not having been concluded Wednesday. he proceeded
further unfold the theory plan Of defence II
was proposed show that Kate Hoffman and not
McConnoche probably the murderer that the
prisoner virtually imbece, being afflicted with
demeratia adturalis; that he incapable or commit
ting Of the charged against him in the In
dcment, and that the confessions alleged to have been
made were extortcd from him under fear.
The defence first produced certain records from the
County Clerks Office with d view to impending the
veracity OF Charles W. Sprague, who swore to q
fession having been made 10 him by McConnochie
whilc IN the Jamaica Town Hall cells. record OF
viction OF assault; battery found, and IL was
shown that had been in custody refusing to
support his wife.
PRISONERS EXAMINED.
The father OF the prisoner, who lives in Brooklyn,
and is quite respectable looking man, called for
examination as to Franks mental condition. Frank
he thought, was twenty-seven years old last Christ
mas. He had not lived at home for eight years past
and some months ago the witness caused his arrest
ard Imprisonment in the Penitentiary charge OF
vagrancy. The witness not permitted to state his
OPINION OF Franks mental condtion-an objection of
the District Attorney in this respect heing sustained
but facts and actions freely admitted from which
it inferred that the father thought his
tally weak; his actous in many respects could not
otherwise be accounted for. The father repeatedly
procured situations for him. but he would
keep them only few days in each case
and II uncommon thing for him
TO give good clothing away for trlhes. Once
the father sent HIM TO Iowa. but IN few moths he
turned in rags and tatters," having worked his way
back he tried to have him learn trade two three
tines but he would stay only about week in each
csse; he generally respectful to his father he
never used bad language in the of the father
but the mother complained Of him in this respect ;
Frank formerly stout, rugged boy but within
year or two pas. he bad appeared sickly.
Counsel proposed TO examine the witness as to what
Detectlv- Payn SAID when visiting his house, but the
district Attorney objected and The Court sustained the
objection
The witness cross-examined by the District At
torney. Tho father thought his son rather more
'devi ~ care than lazy and that he lacked appi-
cation; he knew rlsnt from wrong most decidedly;
he was rather disposed live the lie OF u tramp;
when home he the habit OF goiug to the
Atre at every opportunity; his mother latterly would
not allow him TO live at home, ana had not spoken TO
him Tor five years, though she had occasionally
him clothing; Frank had been IN the Pcnitentary
only oncs the father thought, though Frank done
some extraordinary Things, that no always knew dig
tincty the difference between right and wrong.
DR.. c. a. Beldn, OF JAMAICA was called medical
expert He McConnochc first Oh Sunday last,
the request o. L. j. Armstrong OF counsel and
with him about thrseouartors OF an hour 1t the
Doctors opinion that lie could lot have committed the
CRIME OF rape.
Mr. Busleed-Do you regard him as a rational or an
Irrational beinGf A. Hs mental faculties are below
par-more iJiotic than insane. IN answer to the DIS.
u ct Attorney the Doctor said he regarded McConnoche
irrational; lie oil opinion that he could not
properly distinguish between right aud wrong
The Court here took recess OF half an hour
J. X. Minor secretary OF the Glen Cove Insurance
Company was called by Mr.. 5ustced in reference 10
certain arson which Detective Payn had been
service 10 the company and had received rewards
Mr. Minors testimony however 80 far as it affected
Payn's character, dia not .icp the defence.
Or. Philip NJ. Wood vas recalled and testified as to
interview with McConnnchic when the junior coun-
sci Tor the defence presents lie made all cxaniua-
ton OF the prisoner, similar To that OF Dr. Beldin;
his mental condition was below the average To the
question:, "Do you regard him as rational or 81
irrational being ~ the witness answered that he would
regard HIM an imDecile; IL asked question by
person OF whom ne IN terror, lie would probably
give affirmative answer, and he wo-ld ny Tor pro-
lection to one IN whom he hal trust
Cross-examned-The Doctor said he thought Nc
Connoche knew right from wrong, and would know
better than commit crime.
Michael Reynolds, OF Brooklyn, testified that he
knew McConnochie and had seen him frequently, and
thought that OF his irrational Cross
examined, the witness SAID that McConnochie once
worked Judge Moore and talked u rational man.
mis- duties them in his conversation he gen.
orally appeared rational; witness had much
Of McCounochc IatierIy: he aways regarded him as
person Who knew right from wrong
Charles Hernely OF Brooklyn was called to testify
rs to acts OF tho prisoner, but he proved know
nothing
Frank Jonrcys of Brooklyn, had also kaown McCon-
nochie but he, TOO knew nothing that the defence de-
sired to prove
Bartholomew Ward, OF Manetto Hill, testified that
Me- onnochie worked for him. and from some OF his
acts he did no. regard him RATIONAL Cross.exam-
med, witness sand the prisoner had worked for him ut
times time three months, when witness
threaten@ TO put HIM IN prison II he did not stay hrs
out, witness never saw him do anything that led
HIM " believe that nc aid not know the difference be-
tween right and wrong.
TESTIMONY BAHycA.
MRS. r. 9. Barnum, OF Hampstead, had known the
prisoner the early part OF last Septe ber when
he went TO work Tor her ana was there until October
liz was Ia the kitchen, assisting tho cook She
lated number of circumstances that occurred, from
which she gained the impression that he was supple
ana inolens young Ia reference the shirt
supposed 10 have been LEI; nj the witness place. she
number oil persona had lett shirts there.
MI Barnum SAW the prisoner at The Jail, and had
conversation ABOUT ms alleged muraer oil Maggie
Bauer; the Court alter objection by the District
Attorney excluded all testimony 10 what the pris-
oncr said. and Mr.. Bustced took an exception.
Miss Emma Hermely, oi Brooklyn Testified that she
hud known McConnochc Tor ten or twelve years, and
regarded tim a silly boy she had gwen HIM cloth
Ing repeatedly, because he was ragged and dirty; she
considered HIM irrational and unable TO take OF
hlmscif, at time shc gave hun dotted shrt, and
he pat on over no already had OLA dirty
wuitc one Thu, saturday. and on the Sunday
following as McCOnnochle was skyarking with witness
broihcr-in-law Tho yard, tue latter cut McConnoche
aeclOcnttlly in the arm. dotted surt
exhibited tho witness, and she identified 1t as
The one she gave Mcgonnoche Oh The occasion re-
lerrcd
Crosse xamined--rh. witness said she
Frank do anything wrong; she did not sec that the
wound franks arm bed but she supposed II did
the occurrence was ~ August al mat time he mad