The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-05-10
TWO SIDES TO IT,
The Prosecutions Own Wit
neSses Shake the Case
Against Mu1vihill.
BOTH MEN QUARRELSOME
And the Old Lamplighter May
Have Attacked the Man Who
Killed Him.
THE CURSE OF RUM AGAIN.

IHE CURSE UF KUN AGAlN.
In the Court OF Oyer and Terminer yes
terday afternoon, after good part of the
morning had been wasted in hunt for
Jurors. the trial of Patrick Muivihill for
the murder Of Jacob De Boer, the old
lampliRhter, was begun in earnest.
Prosecutor Winfield, in opening, said
that the fact that Mulvihill killed the de-
ceased would be established beyond
doubt and the only question the jury
would have to decide was as to what de-
gree of murder the prisoner was guilty of.
The Prosecutor told how, about nine
O'Clock, on the morning OF November 25,
the deceased was going about his duty
giving offense to no one On Zabriskie
street the defendant came along and tried
to push the deceased and his hand cart
sented this treatment as best he
could but the prisoner followed him up
tormenting him all the time until the old
man placed his ladder against q lampost
on the corner of Zabrfskie street and
Nelson avenue, and began to ascend to
fill the lamp. The prisoner began to
annoy the deceased. who climed down the
ladder and advanced towards his tormen-
tor who backed away. Then the old man
climbed the ladder again, and the prisoner
again commenced his persecution. The
old man started for his tormentor with
the ladder in one hand and his oil can in
the other. The prisoner thon picked up
hugh rock. which the Prosecutor had on
exhibition. and struck him in the side of
the head with the stone. Then while the
old man was dazed the prisoner grabbed
the ladder and struck him several times
over the head with it. breaking it.
Finally the prisoner dealt the old man q
terrible blow behind the ear with his fist,
and the head OF the deceased struck the
pavement with such force that witness
heard the sickening thud 200 feet away.
WANTED SOME FUN.
Cord Hildebrandt, an old man, who
lives at No. 145 Congress street. was the
first witness called for the prosecution.
He had known the prisoner since he was
a child. On the fatal morning he saw
him following the old lamplighter up
taunting him and trying to force him and
his cart into ditch. The witness asked
the prisoner to desist and the prisoner
TOLD him to 90 to warmer climate as he
wanted to have some fun. The, old lamp
lighter asked TO be let alone, but Mulvi-
hill followed him up until the lamp was
reached. Then when the old man
climbed the lamp the witness saw the
prisoner annoying the old man;
his ladder a couple of times ana Mulvi-
hill would always retreat and renew the
attack when tue old man remonuted the
latter. Finally while the old man was
advancing with the ladder In one hand
and an oil can In the other, Mulvihill
grabbed the ladder and fired rock at the
old man striking him in the head. Then
Mulvthill broke the ladder over the
deceased's head and hit him with his fist
telling him to the ground with terrible
force. The old man lay perfectly motion
less and witness heard that he died four
days later in an hospital.
Judge Noonan rapidly cross-examined
the witness, and although he got the wit
ness tangled up in some minor details the
main portion of his testimony was un-
shaken.
Aimee Reichlinger, of No. 143 Zabriskie
street. spoke very poor English and
pleaded for an interpreter, but Judge
Noonan objected, and she told her story
in English. She told substantially the
same story as the previous witness. In
her cross-examinatfon by Judge Noonan,
however, she was on the point of break
soothing influence Of some Of the Prose-
cutor's questions, she managed to retain
her composure fairly WELL
A POINT FOR THE PRISONER.
Charles j. Jordan, young man, of No.
Bleecker street, was serveying some
ing Of November 25, when he heard shout
ing. Looking up. he saw the old lamp
lighter at the corner of Wilson avenue
and Zabriskie street with the ladder
raised, advancing towards the prisoner.
The olu man picked up stone and threw
it away again ana started back to fill the
lamp, when the young man advanced
again. The old man turned around and
as he did SO. the prisoner grabbed the
ladder out Of his hand. struck him with
it several times over the head, breaking
the ladder. and finally hit him with his
nijn Act old atrnc ho
ground with such force that the witness
heard the sound plainly. Then the pris-
oner fired a piece of the broken ladder as
the lampighter's dog, which had been
barking. The old man never stirred after
being struck.
Anthony Jordan corroporated the pre-
vious witness.
Ida Cutler, a pretty young woman
whose address is NO. $40 Nelson avenue,
looking from the window of her residence
saw the prisoner pick up stone and hit
the old lamp lighter, and then saw the
prisoner hit the old man with the ladder.
She became SO nervous then that she ran
back and told her mother.
Mrs. Kate Cutler, Ida's mother, said
her daughter had told her that there was
some trouble, and the witness ran to the
window. She arrived just in time to see
the young man strike the old man with
his fist. The old man was knocked down
and did not move.
Warren Ferris OF No, 6S Beach street
gave corroborative evidence and ex-Judge
Hoffman asked for an adjournment. 1t
was agreed togo on with the case at half
past nine this morning. The jury, in
charge of Constables Dewitt. Purcell and
Ryno, spent the night at Taylor's Hotel.
THIS MORNINGS WORK
Frederick Rhode OF No. "a Patterson
sire ct was the first witness put on the
stand for the prosecution this morning,
He was block away from the scene OF
the crime, but told substantial the same
story as the previous witnesses. Police
man Thomas Donohue told the story of
Mulvihill's arrest. He arrested him be-
hind little Schuetzen Park, which is
about seven blocks away from the scene
of the crime. Mulvihill seemed co be
slightly intoxicated and looked as If he
had been oat all night. The affairs got
tangled up by Judge Noonan somewhat
as to what conversation occurred between
the witness and the prisoner at the time
of the arrest. Detective McNally of the
Skin precinct told of securing
the broken ladder and stone
and summing witnesses. He found
The ladder and stone at No. rs
Thorn street, the residence of the de-
CEASED.
DIR. William Nevin said he attended the
deceased. he found him in a wagon at
the corner of Nelson avenue and Zabriski
street, unconscious ard showing symp-
toms OF conclusion of the brain aud COM