The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-11-27
in SELF Defence
Ex-Judge Hudspeth Argues
That Hecker Killed
Hayes to Save
Himself.
A BOER WAR CASUALTY
Controversy Over the Affairs
in South Africa Led to
the Killing.


slaughter in the killing of his neighbor,
Michael Hayes, on July 80 last, went to
the jury in the Court of Oyer and Ter
| miner at 2:30 O'Clock this afternoon. The
general opinion of those who heard the
evidence was that the accused man would
be acquitted as everything tended to
show that the murder was committed in
self-defence.
This mornings session of the trial was
devoted by ex-Judge Hudspeth, counsel
for the defendant, to proving that his
client was not the aggressor in the quarrel
that led to the murder.
Heeker's testimony, which was cor
roborated by several witnesses, was to
the effect that he was reading a news
paper on the evening of July 80, when
Hayes asked him what the news was
from the Boer- English war.
Hecker said he replied:-"Bad news.
The English have captured Goer General
and 5000 men,
Hayes. although an Irishman, appar-
emily sympathized with the English, for,
according to the testimony of witnesses
for the defense, he replied
"I would not give damn if you and
your five thousand Beers weer in hell.''
Hecker said that Hayes then called him
vile names. 'I thought he was fooling
at first and went down the stoop," he
continued. LAS got near him he struck
me- l hit him and he fell down."
Prosecutor Erwin's cross examination
did not shake Hecker's story.
General Passenger Agent William Nay
land of the Holland-American line testi-
fled that he had known Hecker eleven
years and that he was of a peaceable
disposition. The wife of the defendant,
Mrs. H. OBrien, and Mrs. Bridget Tar
win, corroborated Hecker's testimony.
The two eldest of the prisoners five CHI
dren were called to testify, but as tney
did not fully understand the nature of
the OATH --ey were not sworn.
William Hannah, the stenographer,
who took the testimony before Coroner
Hoffman, testified that Mrs. H. Leary
did not testify on that occasion that
Hecker had used the words, ''hye thou
sand Irish captured.
Charles Smith and Peter Van Quick,
who worked with Hecker, gave him an
excellent reputation.
The State $ case was concluded this
morning.
Miss Hannah Leavy testified she lived
in the house with Hecker, and knew him
about four years. Hayes, she said she
knew but two years. She said Hayes
asked Hecker how the Beers were max
ing out. Hecker replied that 5000 Irish
L
talking to Hayes when Hecker came
along and asked the question. Il was
reading a paper at the time,' she said,
'and remained five minutes in the hall,
then I went upstairs to my rooms.
went to a front window when 1 got up
stairs, looked out to see whether Hecker
and Hayes were there or not. l heard
screams and did not know from whom
they came. Hayes and Hecker were al
| ways on friendly terms.
Prosecutor Erwin asked: WAS your
testimony ever made known to you be-
fore today?
mo, SIR replied the witness.
Did you tell the facts as near as you
know here today?'
Yes, sir"
| Considerable argument followed between
! Messrs Erwin and Hudspeth in regard to
testimony at the Coroner's inquest and
| that made in court.
The concluding testimony of the witness
| was that Hecher then called Hayes
thick uncultivated slug.
The witness was very anxious to talk
but Mr. Hudspeth cut her short.
Julia Hayes, of No. Az Grand street,
was then called by the State, she said she
was on the scene of the trouble after 1t
| had subsided. She said she saw Hayes
| sitting up aginst the fence STOPPING down
| against the railing and saw blood on his
| jumper When asked if she saw Hecker
| she said no, he was not there at all.
No questions were asked by counsel for
| defense.
| Mrs. Eeiza Altman, of No 400 Grand
| street, said she lived 225 feet away from
| the scene and said she saw two men
who she did not know fighting. Il had
| my baby in my arms, she said, and
| when | went into my house. l came out
| again and saw crowd. Neither Hecker
| or Hayes were there then. mes Mr..
| IIecker in a grocery store two weeks ago
and did not know him previously"
Mrs. Dora Miller of No. 204 Willow ave-
nue., which is three blocks away from the
! Fifth street house. Witness said she saw
| both men after 6 o'clock on the night in
| question near Bleecker street. She said
she saw Hayes lying in the gutter and
! Hecker was tring to life him up by the
arms and put him up against the railing
head bleading.''
Charles Coston was also in the saloon
| at the time, butk new little of the case.
Mrs. Bridget Nugent, another tenant in
the Fifth street house. for ten years, said
shes aw the men talking. She said she
knew Hecker three years and Hayes ever
since she was a little girl.
81 occupied the second floor, Hayes the
/ top floor and Hecker the ground foor,''
she said. "Hecker was in the hall and
Hayes was sitting on the right hand side
of the stoop. Hecker took off his hat and
/ coat and threw them by his hall door.
He then gave Hayes a blow in the face
that knocked him off the stoop. ! then
| went to the back of the hall and was
frightened came to the front again
and saw Hecker give Hayes another
blow. They were then on the sidewalk,
and the force of the punch threw the
latter on the asphalt. Hecker then pick
ed his victim up and put him against
the railing and went into his rooms,
where he was later arrested by two po-
I a