The New York herald., 1878-02-06
MRS. MERRIGAN'S CASE.

MOTION FOE NOLLE PROsRQUI IN THE BROOK
LYN OYER AND TERMINER
Mr.. Jero Weinberg, Assistant District Attorney,
appeared before Judge Pratt In the Kings County
Oyer and Term,ner yesterday morning and moved that
noIle prosequi bo entered IN tho Of Tho People
against Mrs. Sarah &. McrrgaD indicted Tor the mur
der OF her friend Miss Maggie Hammi, Of New York,
at No. 100 Ninth street, Brooklyn, t. D., the I'd Of
September, 1873 The history OF the case may
be remembered. The accused and the do
ceased were inmates OF tho Convent OF
Our Lady OF Charity at the loot OF East Ninetieth
street, New York; but left there before being admitted
to full membership in the Order. Mrs. Mcrrigan got
married soon attorward aud MISS Hammil visited her
frequently They went together 10 hear fortune toll
crs, and were engaged on the day OF Miss Hammiis
death ut Mrs Merrgans mouse IN telling one apothers
fortune Two days after this nre discovered in
the house and when II was extingusned Miss
Hammil's BODY was found partially burned under
a bed, with u rope or cothesne about tho neck
Mrs. Merrigan her husband both indicted
rider arson. General Tracy and Patrick Ready
defended Mrs Merrigan, who was tried twice, tho
Jury disagreoing both occasions. No adequate mo-
tive had ever been shown for the murder, aud Mrs.
Merrigans counsel always contended that the proof
In the case, II tended 10 I'm pcate any ono,
pointed 10 other parties. The case was moved Tor
triul several times but was postponed either III
ground Of sickness oil the prisoner or the absence or
Important witnesses Tho defence was OF a twoiold
natare FIRST, was alleged that the death OF Miss
Hammil accidental, the rope having been placed
around her curing the fortune telling operation
already alluded 10; that the END became obtangied
on tho knob oi the door against which Miss Hamm
was leaning while standing on o CHAIR, and that
she fell during the temporary absence o Mrs. Merri
gan, In answer 10 Cali from Mrs. Knowles, residing
next door. This theory was corrooorated by Mrs
Knowles who called as u witness l0r tho prose.
cution, and by Mme Rosa, a fortune teller, ut the
corner OF Canal anu Hudson streets, Now YORK. Tho
concealment OF the body was accounted Tor by tho
dcfendants counsel on The ground that through
ror and fright Mrs. Mcrrgan became absolutely In
sane. II was SHOWN US second defence that the
prisoner really subject 20 fits OF insanity, and the
records OF the Sixth prechct police station were put
evidence to show that she nad been found suffer-
Ing from epileptic hts IN the street The "case
bookn ut FIatDush LunaIic Asylum shows
that her uncio had been IN that inst-
tution as lunaIic, and several witnesses
testified to the insanity Of her relatives, three OF
wnom were IN u iunalic asylum IN Ireland. Tho
first tried by District Attorney John Wins
low, and then by Assistant District Attorney Moore
General Tracy and Patrick Keady defended the prIs-
oncr IRON tho first, Judgo lappan presiding ut tho
first aud Judge Pratt Ut the second trial. Ex-Dis.
trct Attorney Britton, who in court, stated that
he had intended make motion i0r nolle prosequ
before he retired IRON Office, but overlooked It. Juogc
Pratt said ho would look into the ana reserved
his decision. MIRA Morrgan was IN court and looked
and clean IN her dress, but otherwise sicky and
cafoWOrn.