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


Witness-Yes, they came as far the stoop.
Distrct Attorney-Were they pushed back agains
witnsss-Yes, but cannot say by whom. White
STOOD IN the sidewalk after he was elected. The
the door.
knife?
Witness-I did not see one that night
Sioss' examined by Mr.. Graham-I did not see
"nne IN Gainey's when first / got there
men tse learned Counsel had done with this wit
hours. tNtr
~ Third aay-Morning Session.
ne prisoner and tho jury were in Court little
after o'clock, and their Honors the Judges were
present by ~ O'Clock, and the trial proceeded.
VIM. II. wright examined by District Attorney
Was one OF the city watch on the 18th OF February
that Hght was posted on Sheriff and Grand streets:
was past Gainey's house about dozen times in the
course Of the night know the prisoner by sight;
he had often been pointed out to me preyiously 1
him that night at Gaffney's on the corner Of
Willet and Broome SITS. was down Broome street
when heard noise in the corner house at GafF-
ney's; there was woman cemng up Broome street
just about that time, and before heard the muss
asked her If she going in the corner, and after
some conversation heard the noise and left her.
saw the door in W Met street open and two men
came out; there appeared to be kind of fight in
side. One OF the men had hat, and as l can
recollect. the other had cap They were Lemuel
Stark and The prisoner at the bar. The others were
Joseph Stark and man did not know. They went
off the stoop and shut the door. don believe that
any OF Gafney's company came out at that time. l
closed the - illet street door. think it dou-
BILE door slept on the stoop and wanted Joe Stark
to go away The prisoner and the other Stark stoed
below the corner in Broome street, and Lemuel
went up Willct street. then heard some one jump
up on the stoop, and saw the prisoner with knife
In his hand, stab the knife into the body Of man
partly on the stoop and pulling the door open with
his other hand. 1t was either knife or dirk;
cannot say which.
District Attorney.-Did you see what part Of the
body he had stabbed him in
Witness-It was, as far as could tell, somewhere
about here. Qaying his hand on his abdomen)-
White stabbed the man inside the other made
rush to the door. They standing all round
from the inside to the door. He thrust his arm
der it, making the stab, and then ered towards the
corner if he had stabbed second man who was
coming out. Some persons then made rush from
behind and the second man fell cut at the door, but
whether from the rush or the stab did not know.
As the second man came out at the door met him,
and he held both his hands against his body
and we both clencked together, and the force from
behind him forced US together on the sidewalk. /
let go the nam and he then fell. Then gave the
alarm rap, and other watchmen came to my assis.
lance. Their Rensen and Lober then
went right into the house with them. There was a
great noise in the house. The people the inside
said, Ego out of the house-we don't want You
no here-t is only family concern" We then
went out. cannot say il the first man fell out.
District Attorney.--State the manner in which this
man fell against you.
bjected TO by the prisoners counsel
District Attorney.-Say what part OF his bedy fell
against you, what part came in contact with you.
" itness.-He pitched right of the stoop head first.
/ was right opposite the door the sidewalk.
did not what had become Of the other man. /
did not observe II the man got up again or not The
last saw OF the first man that was stabbed he
standing in the door.
Another Waterman came up about ten minutes af-
ter we had left the house, and then all went in
again. saw man cut in the hand-another
his back, laying on the floor. The that lay
down the asor the second man that was stab
bed. went to the watch house, and did not return
until after breakfast, about o'clock, and then
the was dead At the time Of the first stab, the
two Starks rushed out AZ II to assist White. did
not see any enc have a weapon except White. /
| started a quick could to arrest White when he
gave the first stab, but could catch him. because
the second man that he stabbed fell and knocked
down. There was not hall miaute elapsed between
the first and second stabs.
District Attorney-Can you be mistaken in the man
who did that 7
Witness-No, Sir.
District Attornsy--He is your witness, sir.
Crossexamined by Mr.. Graham-I cannot tell
the hour the watch was set that. night we are two
hours off and two | cannot tell il was in the
first or second watch that night. l know was on
from twelve to one or two in the morning. cant
say il was at either eight, nine elev o'clock
that night. Before the scene have described, saw
three persons standing in Wiet by the corner
OF Gafney's. Ispoke to them, but cannot tell which
one spoke to: ! asked what they wanted They
said nothing" i said ''you'd better go away, for
perhaps you might raise muss." | had pre- vious-
~ observed ahat some Of the party at Gafney's had
been drinking. The three men went after
spoke TO them. They did not say any thing TO me,
but walked off. They went away towards Grand
street. believe IL was moonlight and snow on the
ground. would not swear 10 the snow, but am GER
tain to the and the light in the door. There was
some singing at Gaiiney's between twelve and one
o'clock, half hour before the sabbng. The three
men who ordered away had fire clothes on. ne
yer belonged to an engine company, but know some
that run with No. 3d. The three men did not say
they belonged TO 3d. l may have said saw some
who were with 80, and meant Joseph Stark.
by the Court don't know who the three men
BY Graham-H after the three men had zone
that saw the woman spoke Of During the time
was about Gafaey's house, did not see any stran.
ger 20 in other than GafTney's company. 1 heard
music and singing at Gafney but other kind of
noise. When first White. he was coming of
the stoop with Lemuel Stark. and then two others
came out who appeared 60 be in scuffc. Stark and
White were clenched ms they came of. The other
was Joseph Stark, and I did not know
They we're not above rod from each other when
they got to the sidewalk. The next time I saw
White he was on the stoop with his hand hold ofthe
door. l should think the nearest man " no had the
door in hand was FIVE six feet from White Ie-
mnel Stark was first from the door White held the
knife in his right hand. cannot tell which hand ne
seized the door by, f he held the knife with one
hand and the door at the same time
He threw the door open when he made the Llovr
with the knife. ] never saw any weapon before in
his hand. saw IL gsten like n knife or = dirk. \