Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-15

District Attorney. Did they tell you that Of the
| psrsons that followed them down from Frost's to
0aRney's was the man who did the deed!
Witness. They did.
| Dr. Rogers examined-I am a surgeon in this city
The testimony Of this witness merely went to con-
hrm what the other doctors had said respecting the
probability of saving the life Of Fitzpatrick II proper
surgical aid had been ressrted to.
Samuel Loder examined-I was Waterman at
tached to the Second District the night OF the at
fray Myself and Remsen went to the corner OF Will
let street, because We heard the alarm rap When
we got there we found Wright, the watchman stand
ing near Gaffney's on the side walk. Some person
in thsGs sasy apaear TO Gs
noting here; it's only little family affair" | said,
very WE'LL settle il yourselves" and shut the door
then stepped off the little platform on to the side
run himself ia to death for that In minute or two
heard some one crying, and saying she's murdered,
he's murdered" At this was quite astonshed
Some men then came out; one of them said, " here
are three stabbed and you have let them run
away" replied, "why, you said il was only ia
mily affair. " The door was then opened, and saw
man lying inside, with woman standing near him.
Graham-What did you say to Wright, or ne to
Witness-Up to this time he had not spoke at all
There was some confusion and ! hardly knew what
thought myself think Wright said Sda to me there
once, but they came back again. He said he had
seen some Of them with fire clothes on, and running
with engine s.. There had been kind Of skir-
mish, he said, and one had opened the door and
came out. l asked him if he could recognise this
person, and he said he thought he could. He saw
one with knife in his hand make sort Of thrust
inside the door. l asked him if he should know the
man, and ne said, yes, he knew him by sight, but
did not know his name" l asked hin why he did
l'nOt rap for assistance. He said he was too much
frightened and confused.
came up to the assistance of Wright that night. do
not recollect having been spoken to by lady that
night from the second story window.
Remsen examined-I am a city Waterman. and
went with the last witness to the corner OF Wlllet
street. l am certain that Wright did not say any
thing about man being wounded. He seemed a good
deal confused.
Here the Court took recess.
Malachi Mallen, examned-I know Wright who
has been a witness in this saw him between
eight and nine the morning of this afray. was
foreman Of engine company No. 80 Joseph Stark,
Halss and Pierce, used TO run with that company;
also TimpsOn and Kelsar / know the prisoner, but
never saw him with the company. know Lem
uel Stark; about five years ago he used to run, but
not since. had some conversation with Wright in
relation TO the ARRAY the. morning that it hap
pened asked him II he knew the name Of the per-
son who did the deed and told him not to bring the
company's name in question He said if any one
asked him who II was did II, he should say cit
some Of SIS fellows" In answer to question Of
mine, 'if II was Lemuel Stark, with him %
lie hesitated q moment, and then said, elf il was
LemueI Stark should have known it." He DESERT
bed the dress Of the person who did the deed, by
saying that he pants of dark green stripe; /
can't tell ebout the other parts Of the dress He said
The man wore fire coat They went to the engine
house to search it. Wright gave me TO understand
that i was brush among s0%s gsope that had gone
70 person who answered to the descpsir'h or sne
person who did il. 1 had some further Sonve,ssuo"
WIN A I"s.nh STARK ar hut he mentioned onss o''
Crsss-e ISa,ined-I am the deputy keeper Of the
City Prison; heard Of the sabbing the same MORN
ing between FIVE and six o'clock; never had any
particular acquaintance with White; Wright came
10 my house the morning Of the ARRAY; called on
Mr.. Timpson to inquire about the report that 33s
fellows had killed five men. dad not hear who was
know the il he saw him again. and that there was
lame with him; asked il Lemusi Stark was
with the who did il, and he hesated, but added
II il had been LeRuel Stark should have known II.
District Attorney. i ask you who, sir, Is the man
who you say answers the description Of the man who
did the deed
Witness should like TO be excused
Court We can't excuse you.
Witness. Erastus Frost who lives in Springfield,
Mass. He did live at the oyster cellar at the time
District Attorney. What made you think il was
him.
Witness. He answered the description in having
a short fre coat and stripped pantaloons
Witness Whyfr the dress and other peculiari-
ties Of his being Of 3ss fellows-there is man
/. the rsom sow whom especially did suspect.
District Attorney. Who IL that
Witness. Peter Barlow.
District Attorney. Give to these gentleman a
statement Of what he said and which induced you to
say il was Mr.. Barlow.
Witness. Why the heghth. and the other Tact OF
his running with the engine and wearing fire clothes
Here another squabblc took place among the coun
sci engaged in the cause
District Attorney. State the words II you can,
and IL You cannot, the substance Of the descrpoon
which Wright gave at the time you suspected Bar
lowf
Witness. He told me il was tall man and one
that might be seen any day al Wilet street corner
District Attorney Did you sferto 90 with him
20 the that answered the description.
Witness. No sir.
District Attorney Did you tell the name oil the
person you suspectedf
Witness. forget.
District Attorney. Did you give him any name
Witness / forget, II mentioned Barlow's name
or not but he refused to mep,ion any names
District Attorney How long before this had you
been in company with Whitel
Witness don't know that ever was IN com
pany with the gentleman before.
Judge Ingliss was proceeding 10 put some cues
tons the Witness to induce him TO account 70 the
Jury for his not having taken means to have FROST
and Barlow arrested when his Honor was interrupted
by Mr. Graham, and that learned gentleman ana
| Judge Ipgiiss had something like spec ot WAT
| After long pause the learned gentleman said ne
| should rest his case for the present
/ ~ Atfx call al Rem