My wife told me that deceased was at her father's. I did not hear her tell the prisoner so. I did not hear the prisoner say that he beat his wife for drunkenness. I did not hear him call her a drunken strap; nothing like it. I did not hear the reason for beating her. He was in a passion sure enough. No one was with me when I went up the second time. I did not go into the room. I could see because I peeped in. The prisoner was not beating her then. She was sitting on the ground, and he had hold of her hair. I staid about a minute. Nothing was said by either of them. I was away the third time about a quarter of an hour, looking for a constable. It was after dark when I got back. I heard the people under the window holloing. The prisoner was in a passion, he had wild looks about him. I saw the deceased before prisoner came in; she was down stairs getting fire. The last time I saw her, when I came back, I could not tell whether her eyes were shut or open for the blood about her. Her hands were hanging down. I did not see him strike her after she was part way out of the window; nor after her hair was tied to the bedpost. I did not hear any beating after that. I came down stairs. I saw the prisoner give the deceased some liquor one day, before they came to live at the house. The window was pretty high; it is a pretty high story. It is a frame building; do not know the front. I think I might reach the ceiling of the lower room with my hand while standing up. The cellar door is under the window I believe. The cellar door is raised some from the pavement. Mount is a stout man. The deceased was a nice modest woman, as far as ever I saw. She lived in that house only since the Monday before. I think that the prisoner had been taking some liquor when he came home. He was not in the habit of coming home quite drunk; he was sometimes pretty hearty. He not quite drunk on this Friday ning that he killed his wife.

was eve

Dr. John Welsh, sworn.-When I went to visit the deceased, there was a great crowd in the room. I cleared the room. I cut the hair off, washed off the blood, put together the edges of the wounds. I thought she was mortally wounded. There were eight large wounds on the head; any one would be sufficient to produce death. She could not speak; she appeared labouring under compression of the brain. The wounds were long and lacerated. My opinion is, they were given by a blunt weapon, and not a knife, because a sharp instrument always cuts the flesh smooth; these were lacerated. The throat was not cut with a knife, but gashed by a blow. I examined one of the wounds, the, contused one. I did not make an examination of the skull after her death; her friends being Catholics, objected to it. I examined the wounds the first evening; it was evident she could not live long. The wounds might have been made by the whip on the table now. The jaw and teeth were firmly clenched together, so that I could not open them to examine the wound in the throat. The clenching was a symptom of death. I called for her friends, and told them she was irrecoverably gone. She died that night. I saw her dead body the next day. I am perfectly certain that she came to her death by reason of these wounds. I am a regular graduate of medicine in this city. The pulse of the deceased was slow and obstructed; no affection of the stomach. I did not mark the eyes, to see whether the pupil was dilated or not; the face was so much bloated.

Cross-examined

I could not see the least appearance of liquor having had an agency in producing her death. I feel confident I could not see either fracture or fissure of the skull. I examined with my fingers, and could not see that the skull was battered down upon the brains. The same instrument might produce a contused or lacerated wound, according to the force employed. I

do not think there was enough blood spilt to produce death. The cart-whip was not produced that night. I firmly believe there was no sharp instrument made use of It was exactly 9 o'clock at night when I brought the parents up into the room to tell the result. The examination took about three quarters of an hour. I did not use means to stop the blood; lacerated wounds generally stop soon, the mouths of the arteries being small. The wall was sprinkled with blood.

Bryant Mount was next sworn.-I live just about the middle of Pine Alley, six or eight doors from the prisoner's house. I went there, hearing of the beating, and saw him. He was standing with the whip under his arm; the deceased was tied to the bed-post by the hair of the head. It was parted in half, and a knot was on the back of the post. I wanted to untie her: he said if I did he would give me the whip; that he would keep her there until such times as she promised against drink. I tried to cut the hair apart three times with my knife; but the hair was wet with blood, and I could not do it. I said I would apply for assistance, and went to Esquire Thompson. I returned, and saw her on the bed. Her hair was still tied, when I went to the Esquire's. The prisoner said he had chastised her, because she ought to keep her own place. She did not speak; she groaned very badly, and could not lift her head. I did not see the prisoner lay hands on her at all. I knew her for three years before. I never saw her drunk. They lived not very happy together: they parted sometimes for three or four days, and she went home to her people. No one was in the room when I went in but deceased and prisoner: I heard some one come up, and I shut the door until I could see who it was. Being cross-examined-No one was in the room when I came down. McGuire was not there when I was. I have visited the family sometimes. There is a counter in McGuire's shop. I do not know that they sell liquors: never bought any. Mrs. McGuire

gave me liquor without charging for it. I was not over five minutes in the room; not over ten minutes. I never saw the deceased take liquor except once, two years ago, at Bush Hill, the 4th July; and once, at her father's house, when he came from Ireland. I do not know that she drinks at all. I never saw Mrs McGuire drink.

James McColgan, sworn.-I lived in Shippen street, opposite Ball alley. When I came home on Friday before night, I put up my cart near the prisoner's house, at a stable. I passed his house. His horse and cart had not been put away: there was a wagon got in the alley that could not turn or get out. I allowed that the prisoner might have got a glass too much, and could not do it. I went up to him.He was there, and said, "look at the situation this woman is in: she has been lying drunk down stairs all day." She was setting on the floor in her own blood. The prisoner said, "I am going to take her where she ought to be long ago; give me a pin to pin up her hair,"

I said he could not take her out in that situation; she had on hardly any linen. He had her hair in his hand; and said, "Jump up," and gave her three slaps on her back. I said, "Michael dont hit her; it will kill her." The deceased was not able to rise at all. The prisoner told me not to take the gears off the horse; that he would do it himself right away. I did it notwithstanding, and returned, giving him his key. He asked if I had given the horse any feed. I said no. I then went over to my own house, and went to the stable. While there, I heard some coloured women cry, "Murder," "Is he going to throw the woman out of the window."

I ran out of the stable, and saw the deceased hanging half way, all but her feet out of the window. I held out my hands to catch her. If she had fallen, she would have gone in the cellar. The window was about thirteen feet high from the pavement. She was hanging down head foremost. This was about twenty minutes after I had left the prisoner up stairs. When

I left, the deceased appeared to be stupified. The prisoner did not reply when I said he would kill her. It was not dark.

Cross-examined.-The deceased's hair was not tied to the bed-post when I saw her. The prisoner did not look as if he had bad intentions: she did not appear to be so much hurt. The prisoner did not put his head out of the window his wife was hanging out eight or ten minutes in the way I said. He drew her in himself: I saw that. He gave her a pluck, and drew her in. You can see the wall now painted with the blood. I did not go up afterwards there was a great crowd, and I could not get in. I did not think at the time the deceased was so dangerously hurt. The prisoner came down stairs, when I first was there, with a candle. I took it, and lighted the lamp up stairs. I do not frequent McGuire's house. I have known him these three years. There were some boys and men about the door when I first went in there would have been more, but the deceased never cried murder. I did not see the prisoner that day before. Charlotte Davis, black, sworn.-I live at the corner of Ball alley and Pine alley. I was sick a-bed last Friday; something worried me: I got up. I could see into the prisoner's room. The first thing I saw was his horse and cart. I thought there was something the matter, for a woman was walking in the room down stairs, wringing her hands. The thought scarcely passed me, before I saw the prisoner lift the window and put it up by a stick of wood. He then dragged his wife to the window by the hair; but, I think he saw me, and retreated. He then beat her over the head with the but of the whip, and then dragged her again by her hair and her heels to the window, to throw her out his hands were all bloody. I lifted my window and cried out, "My God, is no one to help this woman!" James McColgan, a carter, was passing, and stopped.

Cross-examined.- -The prisoner threw her out, and caught hold of her

heels: she gave a groan. James cried out, and prisoner drew his wife in, pulled her towards the bed, and beat her again. I saw him go down stairs, ask as if for something to drink, and got a demijohn and drank. He pulled something out of his pocket, and went up again. The people then began to collect, and made a crowd. I could not see the bed exactly; it was too far back in the room. I saw him beat her before and after she was half out of the window. It was about half an hour between the time I saw the woman wringing her hands down stairs, and when James McColgan came. I often saw the deceased put away the horse when her husband could not do it himself.

Cross-examined:-It was near six o'clock when I first saw the prisoner lift the window. There was a candle in his room: there was none in mine. I cannot say whether it was dark or light. The prisoner was beating his wife for the space of twenty minutes before he brought her to the window. I could see in the room. She was sitting on the floor. He was on the side of the bedstead, and was beating her on the head. I did not hear her cry out. He dragged something black to the window first, and opened the window: then I saw the something black was his wife. I saw the whip, and the gore of blood on his hand. I cannot say who it was that the prisoner asked for liquor. There were several in the room down stairs; then the room was lighted. It was about fifteen minutes after I saw the horse, that the prisoner lifted the window. I saw him hand James McColgan something: I thought it was a pin. I saw no beating before the window was raised. I can't say how many blows he gave her: there were a great many.

Catharine Gallin, sworn.-I was sitting in my house, 89 Shippen street, about half a square from McGarvey's. I went to her house, hearing of the affair. The deceased was on her knees, her hair was tied to the bedpost in two parts: she was all bloody, and was almost naked. Mr. Mount

was there, and wanted to release her hair. The prisoner said, no; she will come to herself." I ran down stairs. I was not well acquainted with the deceased. I never heard any thing against her character, nor against the prisoner.

Cross-examined.-It was about candlelight. There were very few persons about the house. The prisoner threw the whip to the other side of the room. I did not see the black men. The prisoner appeared quite calm: his hands were stained with blood. There were two women in the house. The deceased's head was as far from the bed as her hair would reach. I was not more than a minute and a half there.

James Ellis, constable, sworn.-I arrested the prisoner last Friday evening, and took him to prison. I was called upon by Wm. Little, to arrest a man that was beating his wife. He was taken before Justice Thompson, and committed. He attempted three times to escape, and two or three times to strike me. He said, "it was a damned bad country that would not allow a man to beat his wife," and that "he would have cut her throat, if he had had a knife." He appeared to be sober; not drunk: he had been drinking some he knew what he was about. He first attempted to escape in Chesnut street, above Eleventh street: he ran fifteen or twenty yards before I caught him. He was very turbulent until we got to prison. Another constable and several citizens assisted me.

Cross-examined. I stopped with the prisoner at a house in South street, to leave a key and some money, about $3.50. I searched him for a knife, but found none. He left his watch there, and said he expected to be out on bail the next morning. We also stopped at a house in Chesnut street, above Thirteenth, and he called for gin.

William Gwinn sworn-On Friday night, I passed prisoner's house, and felt a stick of wood fall. I looked up and saw a person hanging out of the

window, and thought it was a person puking. James McColgan was therehe said it was McGarvey throwing his wife out of the window.

Cross examined-There was no crowd in the street. Two or three black people were on the opposite side of the way.

Catharine Fleming sworn-I work in the Neck, and live in Pine alley. I was coming home on Friday night, and heard of this affair. I went into the prisoner's house. A woman, Mrs. Guire, was there. I went up within two steps of the door. The prisoner had his arm around his wife: her head was hanging down; he threw her down on the left side of the face, and gave her five or six lashes with the whip, about her head. He lashed her with the butt end of it. I think that was the last of the blows. Neither of them spoke. He then came down stairs, and asked for gin, below; they did not give it to him, and he searched for some. He took a demijohn, and drank out of it. The doctor came soon afterwards. I think he had pretty well finished her when I came down.

Cross examined-When the prisoner came down for the liquor, he stayed there until he was arrested.

Mary Ann Anderson, (black) sworn -I live in Pine alley, near the corner of Ball alley. I was sitting at home, near night, and heard Charlotte say, "My God almighty, the man is throwing his wife out of the window." I ran out; she said, "no one has come yet." Two or three were waiting to catch her. The prisoner came down and asked for liquor; then pulled out a demijohn, and drank out of it. He went up stairs, and began to whip his wife again. I went up the deceased was lying in bed, her throat was cut, and her eyes swelled up. About 4 or 5 o'clock I passed along, saw the cart, and heard him whipping her. I did not see the deceased out of the window.

Cross examined-Between 4 and 5 o'clock I was near the house, and could hear the licks. I did not go up stairs until the end of it.