The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-05-10

lants and accompanied the wounded man
to the City Hospital.
DR.. Converse testified to having exam
ined the body of the deceased at the
Morgue. He described the smaller
wounds, and said that death was pri-
marily due to wound on the left side OF
the head.
Michael Donohue gave unimportant
testimony, and the Prosecutor said the
State rested.
QUITE ANOTHER STORY.
Judge Noonan wanted to know why the
State had not called Lucy and Minnie
Matthews who lived very near the scene
Of the accident. The Prosecutor did not
appear particularly anxious to call them,
but Judge Werts thought it proper that
they should be called. Miss Lucy Mat
thews was called. She is remark
able handsome woman, and said she lived
at No. 145 Zabriskie street. From her
house she saw what transpired plainly.
Her attention was attracted by the old
mans angry voice. The old man was
on the ladder when she saw him, and
the young man was walking up the
street with his hands in his pockets. The
old man came down off the ladder, and
advanced towards the young man with
the ladder in his hand. Miss Matthews
reported the statements of the other
witnesses, only that she differed on the
material points that the deceased threw
stone at the young man, and that when
the young man struck the old man the
fatal blow with bis fist both of them were
in the street, and the old man tripped on
the curbing and his head struck the
tagging.
Miss Minnie Matthews, another prepos-
sessing young woman, was the next Wit
ness. Her testimony corroborated her
sisters She was positive that the old
L. 49, fIaa
der and also hurled stone at him. and
she said that when the young man struck
the last blow the old man tripped against
the curbing aud fell
Ex-Judge Hoffman cross-eXamined this
witness and tried to fix on the minds or
De as quarrelsome If not more so than
the young man and succeeded fairly
we'll.
Protecutor Winfield recalled Cord Hill
debrandt and he said that the Misses
Matthews were not on the sidewalk when
might have seen what occurred from their
window. They came on the sidewalk
later. Here the State rested.
MULvIHILL'S STORY.
Thomas Mulvihill. the prisoner, was
the first witness put on the stand for the
defence. He testiied:-"On the morning
of November ID | attended meeting OF a
piasterers' union in the hall above Toner'S
saloon at Congress street and Central ave-
nue.. There was no quorum, and the mem
bers went into Toner'S saloon. drank
seven or eight glasses of beer. 1played
pool and threw dice a great part of the
night. and drank considerable whiskey.
/ also rember being in Moran's saloon at
Hopkins and Summit avenues.
left there and was walking up
Nelson avenue when l came across the
lamplighter and his cart. 1 triDped and
ELL nat In, 1ivI, hn
lamplighter maze some angry remark,
and tried to excuse myself, but the old
man would not accept any apology and
kept up grumbling. l thought he
was an old crank, and pushed
the cart. When the old man was
placed his ladder against lamppost and
l started up Zabriskie street. The old
man was talking in an angry voice. and l
stopped and told him to stop talking. The
old man advanced threateningly with an
oil can and tried to strike me with
my wrist, and the can fell to the ground
and / Jumped out of the way. The de-
ceased walked back to the lamp post. He
began to talk loudly and came at me
again with the ladder in his hand.
While he was coming towards me me
threw tn ftUnsn f at me and struck me with the
ladker In the meantime the old mans
dog was behind me barking. / was be-
tween the old man and the dog. / picked
up stone and threw 1t at him, hitting
him in the face. Then 1 seized the lad
dog. struck at the dog :and the ladder
broke on the curbing. The old man
jumped back. an saw him making for
one of the pieces of the broken ladder.
Then we came together. could not use
the ladder at such close quarters. and 1
gave him a push blow. He fell against
the curb and tripped."
Prosecutor Winfield asked the witness
why he did not go on home when he
started up Zabriskie street and he replied
that he did not know
HAD BEEN DRINKING.
Thomas Toner, who formerly conducted
the saloon at No. 4S1 Central avenue and
is now a member of the Fire Department
corroborated Mulvihill's statement as to
the time Mulvihi1 was in witness
saloon.
John Moran, another saloonkeepar,
said that the prisoner had been in the
saloon on the morning of November 25
The prisoner was drunk and the witness
refused to sell him any more liquor.
Henry Prigge, saloonkeeper of Ia
briskie street and Germanfa avenue, tes-
tilted that Mulvihill was in his saloon
and asked for some ''steam." The witness
enlightened the Prosecutor by explaining
that "steam" was a synonym for whis-
key.
John Taylor, James Connolly and James
Coyle all testified as to the peacable dis
position of the prisoner. Some of them
had never seen him under the influence
of liouor. Judge Noonan tried
to establish the fact that the
reputation for veracity OF Hildebrandt
the principal witness for the prosecution
was not of the best. but tailed because. he
said. several of his witnesses had not ap-
peared in Court. Judge Noonan made
said that the evidence did not show
any malice on the part of the defendant.
AT l O'Clock, when Mr.. Noouan had
consumed about ten minutes. the court
took q recess until half-past l. The case
will go to the jury this afternoon.