Daily Republican., 1888-02-07
COURT rRooEEDIse,.

h9tA thts aA1Ao1t - 49, s-eN
gree.
Court resumed prooeodinss Yesterday
afternoon, ct 9 O'Clock, With Chief jus
tice and Associates Houston and PAyntor
on the bench. The room was packed
with spectators, aud this, v ith the heat
from the radiators, caused the place to
he hot and stjfilng. At 0 10 O'Clock
Georae II Graham, charged With the
m urder OF Gotlieb Koeder. November
"a, and franklin u. johnson, oolored,
charged With the murder OF George Ii.
Williams, near MiddletowD, were
broush In and placed In the dook. Tho
court assigned Walter Hayes, Esq to |
defend Graham, and told him that be
had better consult with and advise him /
pre- evious 10 his being arrAigped.
Henry q. Conrad, Eiq., was sppolnt.
ed As counsel for Johnsjn.
Graham was then told 10 stand up |
and raise his right hand, while CLERK
Cochran read the long indictment |
When he finished Graham answered In |
clear voice, mot guilty." aud 70 the
further interroaatory ~ 70 the manner
Of his trial, replied that hs would bo
tried by God and his country.
| BrRnklin Il. johnson was hen ar
raigntd, and plead not guilty TO the In
diciment charging him with murder In
the first degree IN causing the death OF
Gsoree II. williams, by beating him
with o club, December 18th, 1881, at .
place near Middletown.
AZ soon rs this business was dap osed
OF the prisoners were removed TO the
lceils In the basement, and the applioa.
zion OF Mrs.. Bridget Spencar, TO con-
lpel her husband to coniribute to her
support was taken up for trial.
Mrs. Bridget Spencer WAS sworn,
after which Attorney General Blass
Tread the law relating to suoh oaaes.
When Mr.. Blegs concluded reading, he
commenced the examination OF the wit
ness. She eaid that her maiden name
was Bridget O'Oonnor. She arst met
the defendant In 1853 or "a In New
York city, and knew him ~ james
Thomas Spencer, bet that now be goes
under the name OF james MoKelvey.
Mr.. BieRs asked, "were ycu ever mar
ried TO this mani" when Mr. Banborn
objected, on the ground that notwith.
standing the act Of the Legislature
under which this suit IL brought, = wife
cannot testify AgAinst hsr husband. A
long Arauu emit snsued, NJ the o0nclus-
. lon OF which the court decided that the
evldence could not 30 admitted.
Michael O'Oonnor Was sworn, and
. testi 6ed tha, he Ia the brother Of the
, complainant. He knows the defendant,
7 and became acquainted with him in
, New York 10 the latter Part OF 1858
\ under the name of james Thomas
Speuoer. He was shown . paper BY
Mr.. BIRgs, and Identified Il as . oertih.
cate OF marriage bet Reen his sister and
!. the defend amt. Mr.. BlRgs then read the
afiidavit Of the priest who performed
the ceremony, which set forth thai
y James Thomas Spencer WAS married %
9 Bridget O'Oouuor At the Church OF the
y TrAnpfigurAtion in New York City
% according to the rites OF the RomAI
70 Catholic Church, on August LIST, 1854
10 The witness then resumed, and aait
~ that the defendant and his sistor hat
M M lived together ~ man and wife from
" tbs time they we're married until some
M time in 1868, . period OF four years
90 During that time ho introduced he
% and held her out to the world as hi
90 vile.
"a The witness was oross.exAmlned q
81 length by Mr 6Anborn, but nothip
in was brought out to materially chang
his dlIoot testimony.
" Tho pToseoutTiX was recalled, an
- - testified that the defendant lived wit
n her as her husband until 1868. when
left her and she understood msrrie
another woman the same day. In 1856
: he returned and gave her $a6, but ha
A. not contributed to her support sino
thAt time. In 1885 she went 10 hi
house, No. 8Os West Tenth Itreet, J.
N this city, when he abused her and n
her relatives. He also told the uoma
that he WAS living with not to give ht
Q. any thing TO eat, at the same tim
10 threatening what he would do II sh
=. disobeyed him. He is . painter b
M trade, and she believes earrs goo
ne wages. He did own s3ma property, bt
she understood that ho has sold IL
AZ AZ On cross-exnmination she raid thu
m she hoard from time TO time where u
wi defendant was, and wrote TO o lady
lod tti, oIty concerning him. 6he wro
Us back to the witness advising her
0n come on, which she did and went to h
. house.
y Edward File WAS sworn, and testfr
that he knows the defendant under Il
name OF James McKelvey. He hi
known him for the past four years 81
knows that he Is q painter, He WAS et
ployed by the P, W. 8 B. RailroI
- Com paDy one year ago, and Iecsiv
at S2.25 q day, but he does not know 10
mulh he Is making now.
Mr. Blags rested with this witnet
40 and MIR, Sanborn opened the case
the defente, to the Court,
asking that the accused ba dtschAI
,ro ed, on the ground that even II this col
io plainnnt is his wife this act OF dtserti
was committed long before this Ii
was passed.
SB. The Court, however, decided that t
law would apply to this case, and
fused TO grant the motion for his d
ire charge.
Mr.. 8anborn then proceeded with
argument, and said that he would eh
that the defendant had never be
known by any other name than thai
~, James NICK slvey, and that a. the tl
Ill. the proseoutriK claims he Was marr
to her be was married to and livl
with Cecilia Rush, aud that after
death he again married. This wife
died, ard he then married the won
with with whom he is now living, q
l. that At present she Is now lying
N. very precarious condition. Mt. o
born then commenced the examinht
. OF witnesses.
Philip J. McKelvey WAS Gworn, g
teptifsd that he resides in Lewiston
N. j., and 10 q brother OF the defebds
He never knew him 10 bear Apy ot
name than that Of NICK slvey. In
tho witness came home from the ar
on a furlougb, and found his brot
living with q young woman VIII
IN alden nsms was Cecilia Rush.
They were living at his sisters |
be WAS told that Cecilia Was
brothers wife, They roomed toget