Stockton Herald, South Durham and Cleveland Advertiser. — 1875-07-17 (Stockton-on-Tees, Cleveland, England)

THE MURDER AT BARNARD CASTLE. - A PRISONER SENTENCED TO DEATH.  The trial of William kiCliu—gi (36), hawker, and William Gallager (35), labourer, who were indicted for the wilful murder of Thomas Mooney, at Barnard Castle, on April 11th, was resumed. Mr Skidmore and Mr Milvain were for the prosecution; and Mr Blackwell and Mr Ridley were for the defence. Bridget Rimmer, widow, Barnard Castle, said that between seven and eight o'clock on the morning of Sunday, April 11th, she went down the passage where Gallager lived, and found a seal ~kin cap lying in the pass ,ge, and she gave it to deceased's mother.about one o'clock the same day. [Cap produced.r  - Mary Ann Mooney, mother of deceased, said that on the afternoon of Sunday, April 11th, the witness Itimruer gave her the sealskin cap produced, and she identified it as the cap of her son. She last saw him wearing the cap on the night of April 10th, and he was also wearing that night a blue pilot jacket, and he had on the same jacket when he was taken out of the river.  Maria Dobson said that on April 11th, she lived in the house close to the River Tees at the bottom of the passage were Gallager lived. About. seven o'clook in the morning of the 11th, she saw a handkerchief lying on the wall which divides the yard from the river. The handkerchief produced was the one she found.  Superintendent Thompson said he received the handkerchief, and the witness Brannen identified it as the one he left in Gallager's house on the April 10th.  -William Parkin, re-called, gave evidence as to the illepth of water in the river where the deceased was found. John Dobson, re-called, said that he had known Gallager several years. He had never heard anything against Gallager until this occurrence. He had known McHugh about twelve months, and knew nothing against him. Mr Skidmore addressed the jury on behalf of the prosecution, and Mr Blackwell on behalf of the prisoners. His Lordship then summed up. Whoever threw Mooney into the water, if it was done intentionally  and not accidentally, and caused death in that way, was guilty of wilful murder ; and whoever procured that to be done by some one else, with the same intent, would also be guilty. 'Re greatest exercise of common senFe and judgment were required in dealing with these matters; and they must not allow themselves to adopt,a doubt merely as a way out of a difficulty la forming what They thought a right and sound conclusion.  The fury-found McHugh guilty, alateiatiMroSnaed him to mercy on account of his previous good character. Gallager not guilty. In reply to the question as to wliPther he had anything to say why sentence of death should not be passed upon him, ' William McHugh said that he could declare before God that he was as innocent of the charge as the child that was nohow. It was a very hard thing that be was going to suffer for the deed that Thomas Brannen and "l 'eddy Keenan were guilty of. Those two men were that night guilty of the crime themselves. For his part he could starer his sentence cheerfully, for he thanked God that neither his hand nor heart were stiined with the blood of a fellov creature. He cared not f..ir himself, hut for his dear wife and children. (The prisoner commenced crying, and could not speak any more.) His Lordship put on the black cap, and passed seotence in the usual form.  His Lordship, addressing Gallager, said : As for you, Genitor, the jury have acquitted you of this offence, and you must be discharged; and I can only say that your conduct throughout the whole of this transaci ion wil, merit the execration, and contempt, and indignation of every right.miuded person. You are uow discharged.  Before Baron Rudd!Won.