The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-06
Kings Countys District Attorney Dcspnirs OF
Getting the Gaze TO Trial.

Application was made yesterday In the
Kings county Court Of Oyer and Tcrminer by
Assistant District Attorney Weinberg for leave
10 enter nollc proscqui in the indictment for
murder against Mrs. Sarah c. Merrigan. Mrs.
Mcrrigan. who is Il comely brunette. with spark
ling black eyes was in the court room with
friend. and she watched the proceedings intent
ly. The murder Of which she is accused oc
Cured on Sept .. 1878. IN her residence in the
rear of 1870 Ninth street. Williamsburgh. The
victim was Maggie Hammi spinster. who
had inherited wealth from her parents. She
was Mrs. Mcrrgan's schoolmate in the convent
of Our Lady of Charity at the foot Of East
Ninctieth street this city. They wcrc intimate
friends from that time. and their intimacy con-
tinued after Sarah Doherty had become the
wife of James Merr1gan. a carpenter. Miss
Hammill visited Brooklyn often to collect her
rents and whenever she did so she visited Mrs
Mcrrigan.
On Sept 2. 1873. she paid one OF these visits
She was seen to enter the house. well dressed
carrying a morocco reticule and parasol. She
never came out alive. Two days later fire
broke out in her. rooms. and after the flames
were eNtinguishcd the dead body of Miss Ham
mill was found under the bed. II was partially
burned. and n clothes line was tightly fastened
in slip moose about her neck. Mrs, Merrigan
watched the fire. standing with child IN her
arms in the throng about the place. Some OF
Miss Hammills PROPERTY. was found on her. and
more was traced To PERSONS in the neiEhhor
hood 20 whom shu had presented II. She was
locked up. and her husband. who was attending
lodge meeting. was also arrested.
The case of the prosecution rested solely on
circumstantial evidence. No motive was atirib-
uted to Mrs. Merrigan except that sh" WAS fond
get possession of what money she had in the
reucnlo. thinklng II was a large amount. II
WAS further intimatcd that she expected to in
herit Miss Hammilis property at her DEATH but
no will was found To- suhStantiate this,
The defence was that the dealt, Of Miss Ham
mill was an accident. She and Mrs. Mrrrgan.
| it WIS av"rred. were much Interested in for
tune-telinG; and on the, Jay ,9i her visit. &C
| took 10 show her how n gypsy named Bertha
| had taught her 10 toll fortunes nv making and
| comparing. measurtmcnts of different parts ct
| the body. Mrs Merrigan measured her friends
neck first with the clothes line. fixing q slip
moose rs the most convenient way and then in
| order TO measure her feet. had VI - Hammill
| stand on chair hy a door that was aJar, One
! end dangled in the way. and this wa- thrown
| over the top 81 the door and wrapped around
! the knob on the opposite side. At this luntturs
neighhor knocked at Mrs. Merrigan's door.
and ~ She did not wish 10 be detected in her
experiment, she made an excuse L. run g her
mill standing on the chair.
On her return. il WAS averred she found Miss
| Hamm hanging by the rope. having over
| turned the chair in her Efforts to get down. in
! Mrs; Nerrlgan's absence. She was still alive,
that she fell IN an epileptic tt and after she re-
| covered her friend was dead. At this instant.
| hc'oruluS 20 the tn"orN Ol the defence, she be-
came insane. and while in that condition con-
| cealed the body. gave away the articles belong
| ing to her friend. and at length attempted %
| burn the building in which the body was
| hidden.
The Jury in the first trial. in October 1874
| disagreed standinl. four for acquittal and eight
| for conviction Of murder in the second degree.
In June. 1875. the second trial the jury again
disagreed. standing eleven, for conviction Of
murder and one for acquttal. Tho case could
| not afterward be brought to trial because OF the
| absence in Europe u important witnesses.
| EN-District Attorney Brtton explained to the
court yesterday. that the last time he moved for
| trial he had ffiy-twO Witnesses in court for
| the prosecution. but that the defence had the
case put of on the ground that a most impor-
tant witness was absent in Europe. He came TO
the conclusion that 1t would be impossible 10 81,
| the case Ia trial
Justice Pratt reserved his decision.