The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-30

THE DEATH OF CALEB DELos WEEKS STILL
UNAvENGED-IND OF THE TRIAL BEFORE
JUDGE SUTHERLAND.
Tho trial OF John Spielmau, who was charged with
having killed Caleb Dclos Weeks In the lager beer
loon OF John Muneschau, No. 1890 Third avenue, on
the night OF the 10th OF September last resumed
yesterday before Judge Sutherland, in the Court OF
General Sessions On behalf Of the prisoner Mr..
William f. Kintzng examined Katherine Muneschau,
wife of tho proprietor who corroborated the evidence
Of her husband rs 10 the details OF the tragedy,
setting forth the fact that Weeks commenced
the lighting which terminated ~ his death, the
prisoner having used tho knife in seli.deicncc. Dir.
Kinizng then placed tho prisoner on tho witness
stand and he that Wecks had knocked him down
twlco; that when he hud him the door he (Weeksj
planted his knee his breast and pounded him until
he was UNCONSCIOUS; when lying the ground
he heard the expression, For sake don't XIII him,
Mr. Weeks, |" and believing his life in danger he
did the stabng. At the close Of the defence Mr. Her.
ring by way OF rebuttal examined very bright lad
named Joseph ovens He said he was newsboy an
supported mother by selling papers; on the night
oi the occurrence he was returning from u wake,
and In passing Muneschau's saloon looked in through
the hall closed door, having boon attracted TO The
premises by the fracas. He testified that he suw
Muncschau holding Weeks IN his arms, and that
white he was u reclining position the prisoner made
thrust at him as II In the act OF stabbng him, al
though from his position no could not see weapon.
examination, but the little fellow reiterated his pre-
vIous statement without any material discrepancy.
Officer Prete response to Mr. Herring Testified that
the boy al the bedside Of Weeks after tho stab
bling had occurrcd and thus corroboated his statement
that he scrapcd Tho lint Tor the wounds inflicted on
Weeks. Matthew None was recalled, and IN answer 10
Mr.. Herring testified that when Spieman was taken 10
tho room Of the dying man TO be Identified he said,
You didn't get the KNIFE did your" some corrobor-
ative testimony having been given by the brother Of
the deceased to the expressions made use OF by the
prisoner tho closed. MT Kintzng, in the course
his address, submitted with great emphasis that no
alternative was left to Spelman, under the circum-
oil the desperate assault made upon him, but
to protect himself, as the law justified him
in dong He commented with great force
upon tho fact that the prisoner and his friend
were quietly enjoying themselves when tho assault
was made by the deceased, ami he warned the jury
that verdict OF guilty IN this case would be tanta
mount TO licensing the invasion by the rowdy element
OF the metropolis OF tho social retreats OF all good
citizens. Assistant District Attorney Herring made
very and eloquent argument tor the prosecu-
ton and while complImenting the prisoners counsel
able and ingenious defence character lied the
homicide wiiiul, unjustdabc and cold blooded
assassination lie called upon the jury TO DO mindful
OF their duty TO the people At large IN rendering
their verdict c0ntending That II simple justice were
melted out the prisoner should be convicted OF The
crime forth. Judge Sutherland charged the jury,
who after absence OF about an hour, returned ver-
cate counsel with Mr.. Kinlzng tho prisoner then
discharged. The verdict was somewhat unexpected
and received with loud applause by large crowd
the prisoners friends assembled in the court room,
but these noisy demonstrations were promptly sup