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!e-MURDER TRIAL.;edat ) ci-antore-icyliemscli;erenaleat'lieiceiseDBSOf;ed15mtsetoe?icybemerasaretry'ndildndal.asnfcre.ntorIdorn-n-tyvoaymton-toArraignment of Thomas Cullen, Charged With Killing J. P. McWilliams.*Evidence o? a Companion of Deceased—Statement of tlie Coroner,a,n-ir-ofofthryeere-2011.lUDn.a.ooTHE JUX1Y.The prisoner was then arraigned and pleaded “ not guilty ” to the charge, after which the impanelling of a jury was proceeded with. This occupied a large amount of time, as men were rare indeed who had not read an account of the crime in the newspapers, and from that had formed an opinion as to the guilt or innocence of the accused. With the exception of three-quarters of an hour of recess, the time between 11:80 a. m. and S p. zn. was consumed in the selection of jurors. When at last completed the panel . stood as follows; I. N. Camp, piano dealer; Fred. F. Smith, sign painter; L. Boeriin, Vice-Consul of Switzerland; F. B. Tascott, cleric,; F. Biner, fresco painter ; H. Gnerdemeau, restaurant and saloon keeper;P. Person, dealer in millinery goods; F. H.I);.Foote, hardware dealer; Alfred Daniels, commission merchant; Geo. Bounds, real estate dealer.OPENING AEGUKENT.States * Attorney Beed opened the case, directing the attention of the jury to the grave responsibilities resting upon them. He wished to state that ho had no motives of revenge against I the prisoner. He pitied the young man, but it l * was bis duty to attempt to show that he had taken a young man’s life without a shadow of provocation. The case could be attributed to nothing less than ap utter disregard of human life, and tfye jury must not labor under the impression that* it was necessary to show that there was hate and a plan of revenge in the heart in order to constitute the crime of murder. The States’•e-ask-heAttorney expected to prove that McWilliamsckiid8-Iditwas an honest, hard-working bpy, at work in the Times office, and living at home with his parents; that he was on his way home one night, with a companion, when they passed a crowd of men on the sidewalk, one of whom had fallen down; the two boys stopped to look, when some one cried out, 44 Don’t shoot 1” McWilliams turned to look, and was shot in the eye by a ball fired from a pistol in the hands of Cullen, who had a revolver that night, and drew it, and took deliberate aim. The good name of of the city, and the Uvea of men and their families, must be protected by the jury, and he urged a careful scrutiny of the evidence, and that they should do their duty fearlessly. •Mr. Mason waived any remarks.THE COUNTS PHYSICIAN.Dr. McCarthy, County Physician, testified to having made a post mortem examination upon the body of James P. McWilliams, finding a gunshot wound; the ball entering the right eye,fracturing the base of the skull, and lodigmg in tn; he2-r-a-tds.tg:i-tdtoDOidt-*u-ofjea,irl-rdr-ita3,0rilne%eni-:S»-L-I.0et-ra%f6athe substance of the brain, causiog deatl could not have lived more than three minutes.Cross-examined: The ball penetrated into the brain about: four inches; did not examine any othfer of the vital organs.Mr. Beed. What do you say. beyond question, killed him? A. The gun-shot wound. *THE COKONKB.Coroner Stephens testified to having held an inquest on the body of James P. McWilliams, and was present at the post mortem examination.Cross-examined: The body was recognized under oath by the young man who was with McWilliams.lie-direct: Arrested Cullen the night of the murder; found him in his undershirt and pants in a back yard on Monroe street.By Mr. Mason. Didnn’fc you jtfet tell Mr. Beed privately that you could swear to something further ? A. I told him about making the arrest.Q. What condition was Cullen in, taking him all in alLMr. Beed. I object to bis stating anything about his condition as to sanity or drunkenness.The Court. Tho witness may answer tli question, and may be stopped if he tells anything objectionable,*The witness proceeded to say that he found Cullen with nothing on bnt an undershirt and pants; did not think he had on either boots or stockings; the shirt was cut low in the neck, like an undershirt; he seemed to be very much muddled; seemed to.have been drinking a great deal that night.Mr. Beed. I object to this evidence'going before the jury.Mr. Mason. It is as competent as the evidence concerning his clothes; it is a part of the res jusia.* The Court. I have ruled upon the question as to how far drunkenness is an excuse, and I have no reason to change my opinion. If the examination seeks to prove anything of that sort, I shall exclude it. Being subsequent to the Killing, perhaps the objection would not be proper at this time,Mr. Beed. I did not open this question as to sobriety. My question was * limited as to his dress. -The Court. Then the defence cannot make the witness their own at this time. The evidence cannot be allowed to go to the jury.Mr. Mason. Very well. It will come out half a dozen times before we get through.MB. A. MOORE.Mr. A. Moore testified a3 follows; Lives at No. 119 South Jefferson street; is a compositor on the Times; knew McWilliams for five or six years; he worked in the Times office as a substitute compositor; he died on Monday in tho fore part of September; was with him on Clinton street between Adams and Monroe streets; were walking along, about 11 o’clock at night, and came to parties leaning against the fence; one of them .tumbled over; several persons' rushed up to see what was the matter;, got separated from Jimmy, returned and saw that one of the men had hold of his arm; one of them said to witness, 44 What is the matter with you ?” by that time Jimmy came up, and they walkedbeen in bed, but got up and looked out of thewindow; it was not the partj of four that madeA Jury ‘ Secured ai$ the Hearing ofTestimony Proceeded With.the noise; they same from the south, and went by before the other crowd came along; is positive that she saw the flash; had been looking out of the window a little over half an hour before she saw the flash and heard the shot.• HABYM’GEABY.Mary Mr Geary testified that she lives at No. 42 West Monroe street, a boarding-house kept by Mrs. Fitz; is slightly acquainted with defendant ; has know him as “ Corkey Cullensaw him twice that night—at * 7o’clock, and about 11; * the latter time was about ten minutes beforethe shot was fired; he was on Monroo street, with three men, going~*toward Clinton street;Jpl XV. _ ^ L 1. _ 1 __ _ - - - _ • . m _ •after the shot heard some men running throughthiThe trial of Thomas Cullen, upon an indictment charging him with the murder of James P. McWilliams, a Times printer, on the 6th of September last, was begun in the Criminal Court yesterday morning, Judge Tree presiding.motion to quash.Mr. John Mason, counsel for tho defendant, entered a motion to quash tho array of the Grand Jury for tho October term, 44 because, at the time of the finding of the said indictment against the defendant herein, a full panel of the Grand Jury was not impanelled and sworn to transact whatever business might legally come before them during the present term of rfaid Court;”- and also moved to quash -the indictment for the reason stated above,. and because, atjhe time the indictment was found, .17 jurymen only, had been sworn to act as Grand Jurors, instead of 23, as. required by law.The Court said that, while there could be no doubt as to the construction of the statute relating to the point raised, still to entertain the motions would be to wholly obstruct the process of justice, and the motions were therefore overruled.the yard and up stairs; saw a man go under the sidewalk, come out, and go up stairs; about half an hour after the shooting Cullen came down stairs and jumped out of the window of the dining room; he wore a light hat; didn’t notice whether he had his coat or hoots on; saw him about 4 o’clock when he was arrested; he had an undershirt on and no hat; did not see him have the pistol.Cross-Examined : Q. At the time he jumped through the window was he drunk or sober?Mr. Beed. I object.Mr. Mason sought to show this, because, if the man was sober, it would prove that he had an ob-ject in jumping from the window, and knew what he was about; while, if he was drunk, the act would have no significance.The Court held that, with this hearing, the question might be competent. The act of jumping through the window might be considered a circumstance of guilt, and the question was put in order to explain that circumstance.Q. Was he drank or sober ? A. I think he was drunk. He acted like it and looked like it. He was drunk before the shot was fired, I knoWj for I saw him on the sidewalk.Mr. Beed objected to the latter phase of the question, and asked that it be struck out.The Court did not understand * that the question was asked with a view to making it an excuse for crime. The Jury would he instructed to the contrary. Tho only bearing of the question was as to the act of jumping through the. window.Witness added that before the shooting Cullen song louder than any of the boys, and she could see that he was very drunk ; he did not board at No. 42 Monroe street; don’t know wbat clothes he had on when he came down stairs.The Court then adjourned until 10 o’clock this morning.OARD OF POLICE,Informal Discussion of the SpecialBail Question.DisastroUs Result of Appearing Witness Against a Policeman*as aof tho order. When this opinion was giraevan.there was no alternative but to pass the order.Commissioner Klokke suggested that it be reconsidered.Commissioner Sheridan thought it could not be reconsidered. The ordinance must be reconsidered first, and as it was going before the Council that (last) evening, it should be laft.Commissioner Klokke said he knew a case where a Captain commanding had refused to accept a bail bond of .$300, in a case where the fine would not have excoeded $5.Commissi oner Talcott said that this Captain' was acting under orders. Ho bad committed atierror himself in doing tins very thing, .and would make an apology before tho Board whenthe time camo. He was to be arraigned before tho Board, he supposed.. Commissioner Klokke supposed so. too.od that tnlt;Secretary Ward explained that the question submitted to Mr. Tuley was a mistaken one.Tho deposit was not a bail, but merely an anticipation of the payment of tho fine. If tho sub-* jeefc were submitted to the Council it would bo muddled worse than over. Mr. Tuley would never have given that decision, if the question had been submitted to him fairly and in the right light.,Mr. Talcott. 44 Well, let that thing slide. Its going to the Council, and wo shall have the wis- : aom of 40 men concentrated on it, instead of the wisdom of three.FULL PEELERS.John Moynibon, George H. Dittens. and James Braton, having served the required sixty days’{irobation, were deelaredappointSd to the regu-nlar service of tho Police Department.The resignation of Ofiieer Charles H. Loehle was, on motion, accepted.TUBINNG THE TABLES.Officer Carmon was charged with wilful maltreatment of a prisoner, using abusive language,and of conduct unbecbming an officer. James McCarthy was the party abused, Cannon having kicked him. Officer Delaney was one of the witnesses against the officer, and the latter endeavored to show him up as a - drunkard and a beat. He succeeded in this endeavor to a degree that must have surpassed his most sanguine anticipations. He showed by Captain French and other policemen, that Delaney was frequently drunk; by tho keeper of a restaurant that ho never paid for his drinks, and was frequently in the restaurant with prostitutes and other bad characters; and that his behavior would have ended in his expulsion from the saloon, but for the star ho wore.The charges were dismissed, and inquiries made of Captain Gund as to the character of Officer Delaney.D. Brayl and John Bucker were sworn in as special policemen for the Chicago Alton Bail-road, between Madison street and Summit Station.LOUNGING ON BEAT.Officers Sherman Hoyt and John Cofcty were charged with(inattention to duty and lounging on beat. The charges were dismissed and the officers cautioned to bo more careful in future.The Board adjourned.OrWcTby lt;bur was sale the: whc oftSp6lt;tiorSondebwhcconVlgJT.sehaswoteve:all.era1to a be.j vietimpJuditieieelvretaTandin t;pietionetoilatiiA regular meeting of the Board of Police Commissioners was held yesterday afternoon. Present, a full Board. President Talcott occupied the chair.THE SPECIAL BAIL QUESTION.An informal discussion on the working of the rule that prisoners are henceforth not to be released upon special bail. All the Commissioners agreed that, though necessitated by, law, it was oppressive. Commissioner Klokke complained that he had been informed that in a certain case where a bond had been approved by a Justice of the Peace, a police Captain had refused to accept it, or release a prisoner on baiLCommissioner Sheridan said this must have been a mistake. He reminded the Board that until the Corporation Counsel had given a written opinion he * would vote against the passageAtLawCaffSOS ] stretEdejNorlnueBroiBub 279] Goh Chrf man Norl Zeis, a tree NorlavenavenJobeHen: No. J Cccorn8891Tota. B. No.] nue; Ham '396 I Soul ner c 8691 nue; Bins oiT No. i ner c Loch norti nue; Mart Bern hie ( Grov Grov Cotta Bark stedicberTotalFrjf Alex, Dilm 363 V 3IIlw:cago;Ende158 tS Math Jocol131 1 Canal Chari Eobq: come No. 9 Band • Schill Cliarl Mori*EdwaJeffeitbewTwciiWestWest.avencnue;ScbmGeorgavenuPhilsfSouthCbrisistreetFreniSouthSchul343 B1 South ran, 3 South Canal pete,; No. 24WestMadisaway five or ton steps, when he heard a shot fired, and saw Jimmy drop; ran away a fewsteps; came back, and found that Jimmy was hurt; then ran to the Times office to give the alarm; the body was taken to the Union Street Police Station; the shot came from the rear; after it waB fired the men all ran away; can’t recognize the defendant as one of the party.Cross-examined : Don’t know what made the man tumble over into the yard; don’t know how Jimmy came to get shot in the face, unless he had his head turned to see what was going on; neither witness nor McWilliams were under the influence of liquor; one or two of the crowd appeared.td be drunk.MAGGIE BLANCH ARID.Maggie Blanchard testified that she lives at No. 137 South Clinton street; is married; does not remember the day of the month when McWilliams was shot; it was on Monday in September ; was wakened by a party on the street singing and making a good deal of noise; they then sat on the fence, evidently trying to get pne of them into the houae; saw the two young men come up i in a few moments heard a shot fired; tho four ran away; the other ran toward the Times office; witness went up to the young man who was shot, and asked if he was hurt; he could not reply, but made a sort of rattling in his throat; wituess thinks that Cullen was one of the party; has seen him before at No. 135, next door, at a boarding-house kept by Mrs. Pond; saw tbe flash of the pistol; it seemed to come from the party of four; beard but one shot.Cross-examined: McWilliams seemed to be turning away to go when the shot was fired; witness was not over fifty feet from the spot:there wa» a gas-lamp in front of the house; hadRestoring* the Old Landmarks.The wholesale heavy hardware house of Kim-bark Co. have removed into their new store, on the old site, Nos. 80 to 84 Michigan avenue,—a massive iron and stone fgant building, 60x130 feet, with six floors, admirably lighted, railways, elevators, and all the appliances fox* handling their immense stock of Iron, steel, nails, spikes, bolts, horse-shoes, vises, anvils, wagon and carriage wood materials, and carriage hardware. Their storods heated by steam, and has all the conveniences for receiving, storing, packing, and shipping goods which the experience of twenty-five years in the business could suggest. They have as largo and complete a stock, and sell us many goodi| in their particular line, as any house in the United States. Their enterprise, integrity,'and fair dealing have made their firm name a synonym for uprightness among Western merchants. Their, trade is so directly connected with productive industry that its large and rapidly increasing volume measures the development andAp]trates rant 1 tbeb sumo era. t bodie Couri Wore elude greatmgtinamedefiiaforecoumthat,offenlt;he ex;adrtumoncon wa$100iwill tlof pri tion oagTeeiThe C cutioi closed aseccMayoiprosperity of the West. To such as they Chicago is indebted flt;for the preservation of its mercantile honor, in its late fiery trial, and for the marvellous restoration which makes the New Chicago tho wonder of all beholders.Save Money.It Is well worth saving, and you can save it in buying a sewing machine, and get one of thebeatand most perfect existence. The New Wilson Under-Feed Bewffig Machine has reached a point of excellence and perfectness equalled by no machine in use, and the constantly and rapidly increasing demand, which is almost beyond their manufacturing capacity to supply, Is convincing evidence that the merits andMr. Demo that tl ence tzens,peacecheapness of this machine are being appreciated by the public. Salesroom at No. 378 West Madison street,Chicago, and in all other cities in the United States. The Company want agents in country towns.Bonds.It should be borne in mind that there are no bondsIn the market more desirable than the first mortgagebonds of the Northern Pacific Railroad. They bear 7 3-10 gold interest, payable semi-annually, are issued in denominations of $100, $500, $1,000. $5,000, or $10,000, either coupon or registered, andean be had at par and interest. Their security is undoubted. Pamphlets and full information furnishedoa application, Ltrar, Preston Kean, General Agents.—G. W. Griffin, United States Consul to Copenhagen, ia gathering the material for an enlarged edition of the life of George D.Prentice.We ortho willni fchrouj ner ar music beer,” noon.noon iTo the.Sm:Libera;throng!Sou if] quor! Theprevioifen il got I wholesj confinethat I itheefft writing any prt orderoaceiden the nevesteemthin* I
Newspaper Details
Chicago Daily Tribune
Chicago, Illinois, US
Tue, Oct 22, 1872
Page 3
Full Page
Clipped by
Library O.
MI, USA 24 Jul 2022
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