Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-13

- Ossrs - oyer s.a res.i.sr.
Trial Of Esra Waite, for Ne Murder Of Peter Fstz-
Evening session-sseond Day.
At half past o'clock the Court and Jury assem-
bled, but delay Of duration occurred in con-
sequence of the witnesses being absent. AT length
VIM b. Timpson made his appearance and was ex-
amined by the District Attorney. aman engineer,
II years old, and know the prisoner by sight, not
on speaking terms with him was not in his company
the night of the ARRAY; was at Gafney's but not
with him; him at Spicer's oyster and porter
house little earlier; it was or 2 o'clock. left
first, and went to a dance. Joseph Stark and three
others went with me. do not know whether White
and his friends following up or not; went
into the back room; White came in during the time,
but did not stay two minutes there scuffie in
| the front room, and we left as possible;
saw three or four men there have hold of Whites
neck. did see some one have hold OF whites
neck and try to shove him out of the door. Joseph
Stark had not come out OF the house then; did not
see Lemuel Stark there, but as can recoect,
| saw about six men thrust White out. stood on
the side walk, but did not take notice what became
OF White. did not see him again at all. heard
the Waterman rap, and then went home. 1t was
| about ten minutes after came out
District Attorney-Tell these gentlemen what you
| saw, during the ten minutes.
Witness-I saw White showed out at the door in
Willet street.
District Attorney-Which way did he go?
Witnoss-Towards the corner of Broome street
went towards Grand street.
District Attorney-Well tell what took place
during the ten minutes!
Witness-Why, there was scuffling the side
walk with the men who came out.
| District Attorney-Did White 60 into the store
again!
| Witness-No; he went away.
! District Auorney-Did you see Fitzpatrick?
| Witness--I don't know him.
District Attorney-Did you see Gaffney!
| Witness-I don't know him.
| District Attorney-What induced the Waterman
| to rap?
Witpess-I do not know
| District Attorney-Did yeu hear OF any man hav-
ing been stabbed before you left9
Witness-No, did not.
District Attorney-Had you had any conversation
with White, previous toy our arrival at Gaffneyss
| Wtness-No
District Attorney-That's all
Mr.. Graham-You have stated what you saw!
| Wtness-Yes.
| Mr. Graham-Then stand aside.
Alfred Pierce, examined by District Attorney
| know the prisoner at the bar, and saw him on the
night of the ARRAY, in February last at Gafneys at
an oyster house. All Of us went to Gafiney's, and
all went in but me- / remained outside with the
when we had been there about minutes. About
minutes after White and Stark had gone into the
store, some man thrusting White about, and
| Lemuel Stark went in to take him away. lie did
not succeed, and came out, but went in second time
Stark got in again. and grabbed White round the
waist. Then two three rushed out to make fight
with White, who stood at the time in Broome street.
| There appeared to be crowd inside the door. l
then saw White open the door two three times.
He opened the door with his right hand ,and swung
it in two three times White stood at the corner
when the Waterman raped. lie went on az pretty
good gait He must have gone quick, or he could
| not have got out of sight SO quick. One or two
other watchmen came from Delaney street-they
went up the street, but did not see them come out
| Cross examined by Mr.. Graham.-White had not
been in the house more than two minutes when the
men seized him. They appeared to be very fierce
and to seize him very roughly. did not see that
| w hite had any thing in his hand when he thrust IT
int the door, did not hear any quarreling or
any person making noise. cannet say if his hand
struck any person or touched any thing. did not
see il. Neither did l any person fall on the
Waterman. did not hear Of any injury having been
done to any body.
BY the District Attomey.-The Waterman did
say any thing before he raped He did not speak
TO any body at the time White pulling open the
door.
| District Attorney.-whst clothes had White on Z
| Witness.-Dark coat and pants and hat.
Graham.-Did you see White 60 awayl
| Witness.-No he went away very quick,
Doctor Ftzpatrick-I am a surgeon, and resided
in the month of February last, at No 80 sherfstreet
| l remember being sent for to Gaffney's house, and
| seeing the body Of the deceased found they had
sent for physician and did nothing but examine
| the wound externally. II appeared to have been
| made by a sharp instrument or O Bowie knife. The
body was as cold as ice. One of the main arteries
was severed. examined Dennam, he was cut
the temple.
Mr.. Graham objected to travelling out of the re-
cord
| Examination resumed.-His wound was on the
| right side OF the temple.
| Cross Examined.-I can conceive Of no way by
which such wound would cause death, except by
the effusion Of blood There no time for infam-
nation.
! Dr. Walter Puggsley, examined.-In the month Of
February last lived At 346 Grand street. Was sent
for the night Of the 18th TO the house OF Gafney
to see the body Of Fitzpatrick He had transverse
wound just below the groin That wound caused his
| death.
| Cross examined.-It seemed to commence above
and to below the ligament and terminated the
muscle Of the thigh. / probed it with my finger
for nearly two inches.
Graham-Is that the way to probe dying mans
wound!
witness-why, could do it with the greatest
ease.
| Graham-Ah to YOURSELF but not to the man.
witness-Nell, wanted to ascertain the extent Of
IL. IL was large enough to admit my finger without
pressure The hemorrhage had stopped before
\ life had departed. The appeared perfect
ly exhausted. l did NOT notice the entire quantity
| Of blood but there quite good deal. did not
to any pressure to stop the eausion Of blood
BY the District Attorney-There was no way Of
saving the man, and went to see another patient,
and did not return.
At this stage Of the proceeding, some little excite
ment was occasioned in Court by one Of the Police
Officers bringing in the Waterman who IL was under
stood had left the State 10 avoid giving testimony
against White.
| DR. s. G. Ellis, examined by District Attorney-I
was present at the post mertem examination on the