From the New York Herald

Headnote

Before Edmonds, Justice, and two aldermen. Justices Mitchell and King were also on the bench.

The prisoner was put to the bar for sentence, with three others convicted of homicide.

The district attorney rose and said: In the case of Michael Mulvey, it is my painful duty also to move the judgment of the court.

The prisoner, on being asked by the clerk what he had to say why sentence of death should not be passed upon him, replied: “I am so disturbed in mind I cannot speak; I call on my counsel to make a statement of the facts.”

Mr. A. A. Phillips then rose and said, that expecting that Mr. H. F. Clark, the- senior counsel, would have been in court, he (ME P.) had been able to have but a short consultation with the prisoner prior to his being arraigned for sentence. At the request of the prisoner, said Mr. Phillips, I desire to state, that on the night in question, Mulvey, in company with Delia Dennison, a young woman to whom he had been paying attention, and also in company with another lady, had passed the evening in Thirteenth street. On his return, he had escorted the ladies to their residence in Mulberry street, and, wishing some refreshment, passed through Mulberry street to Chatham, on his way home to Cross street, knowing that the house kept by Reickert was open all night. At the steps of the saloon he met the two men mentioned on the trial, who asked him to treat them, which he refused. The two men passed into the saloon, Mulvey remaining back for a few moments, and then followed. On arriving at the counter the men addressed him; one of them called him a mean fellow, as he had promised to treat them and then would not. This was repudiated by Mulvey, upon which one of the men advanced toward him and was pushed back by the prisoner. Upon this he was immediately seized, both by Reickert and the barkeeper, and thrown violently upon the floor. It was proved, upon the trial, that the prisoner was suffering from a felon on his left hand. Upon being thrown on the floor his hand was hurt. Suffering from the pain, and being kicked both by the barkeeper and Reicker, he rolled himself toward, the door and sprang up the steps; on going up the steps, believing that he was followed by the barkeeper, he drew the pistol, but did not look behind him, and it went off, without any intention on Ms part to fire at any one. The prisoner desired to take this, probably the last, opportunity of publicly repudiating the idea that he carried concealed weapons for any other purpose than Ms own protection. As was shown upon the trial, a young woman from whom he had withdrawn his intentions, hearing that he had bestowed them upon Delia, had stabbed him in the

region of the heart, at City Hall Place, from, the effects of which wound he was confined in the hospital for some time; and after his discharge, both in person and by letter, she threatened to renew her attack and take his life. For the purpose of his own preservation, and deterring her, he informed her that he would arm himself; and he borrowed the pistol from a young shop-mate, whom he had endeavored to produce on the trial, but he had unfortunately left for the South. Mulvey’s greatest desire to live is for the sake of his widowed mother and her four younger children, of whom he had been the sole support for the past nine years; and in consideration of their helplessness, he trusted that all the leniency in the power of the court to grant, or their recommendation to the executive could effect, would be extended toward him.