The New York herald., 1878-02-06
MRS. MERRIGAN'S CASE.
MOTION FOR NoLLE pRosEQUI IN THE BROOK
LYN OYER AND TERMINER.

MOTION FOR NoLLE pRosEQUI IN THE BROOK
LYN OYER AND TERMINER.
Mr.. Jere Weinberg, Assistant District Attorney
appeared before Judge Pratt In the Kings County
Oyer and Termner yesterday morning and moved that
noe prosequl be entered In tho case OF Tho People
against Mrs. Sarah c. MorrigaD. indicted Tor the mur
der Of her friend Miss Maggie Hamm, Of New York,
at No. 100 Ninth street, Brooklyn H. D., on the I'd Of
September, 1873 The history OF tho 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 before being admitted
TO full membership in the Order Mrs. Mcrrigan got
married soon aitorward and MISS Hammii visited her
frequently. They went together 10 hear fortune tell
ers, and were engaged the day OF Miss Hammips
death ut Mrs Merrigan's in telling aDohers
fortune. Two days after this IRE discovered In
the house and when II was extinguisned Miss
Hamm's body was found partially burned under
bed with rope or ciothcsl'ne about tho neck
Mrs. Merrgan and her husband wore both indicted Tor
murder anu arson General Tracy and Patrick Ready
defended Mrs Morrigan, who was tried twice, tho
jury disagrecing on both occasions No adequate mo-
tive had ever been SHOWN for the murdcr. aud Mrs.
Merrigans counsel always coutended that the proof
In the case, tended To picate any one,
pointed 10 other parties The case was moved lor
trial several times but was postponed eithor ou tn
ground Of sickness oil the isouer the absence Of
Important witnesses Tho defence was OF twoiod
nature. FIRST, II was alleged that the death OF Mss
around her neck curing the fortune telling operation
already alluded TO; that the end became outangied
on tho knob oi the door against which Miss Hammi
was leaning while standing on CHAIR, and that
she icl during tho temporary absence o Mrs. Merri
gan, In Call from Mrs. Knowles, residing
next door. This theory was corrouorated by Mrs
Knowles, who was called as witness ior tho prose-
cutIon, and by Nine. Rosa, fortune tcior, Ut tno
corner OF Canal and Hudson streets, Now YORK. Tho
concealment Of the body was accounted Tor by tho
defendants counsel on The ground that through tor
ror and fright Mrs. Merrigan became absolutely
sane. IL was shown as u second defence that the
prisoner really subject fits OF insanity, and the
records OF the sixth precinct police station were put
In evidence TO show tnat sho mad been found suffer-
Ing from epileptic fits IN the street The "case
book" ut FiatDush LunsIic Asylum shows
that her unclo had been that inst-
tuition as q lunalic, and several witnesses
testified to the insanity Of relatives three Of
whom were III 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 prs
oncr from the first, Juago lappan presiding at the
first and Judge Pratt at the second trial. Ex-Dis.
trict Attorney Brtton, who was In court stated that
he had intended TO make motion lOr nolo prosequi
before he retired from Office, but overlooked It. Judgc
Pratt said ho would look into the case and reserved
his decision. MIRA Morrigan IN court and looked
neat clean her dress, but otherwise slcky aud