Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-09-24
COurs Of Oyer aud Terminer.
Judge Edwards presiding.

In the case Of s1ndry persons indicted for selling
lottery tcksts-His Honor delivered the opinion OF
the Court the demurrer raised by the defendants
council. From the very low tone Of voice in which
Judge Edwards INDUCES, and from the noise in the
Court, we were unable 20 catch more than few
words OF the opinion. IL appeared, however, that
the court sustained the second count in the indct
ment and preferred sending the to the General
Sessions for trial. to hamperng the Court with such
a prolix business
The case Of David It 1T indicted for the murder Of
Andrew j. Remson, able seaman Of the U. 5.
Navy.
The prisoner having been placed at the bar, and
informed Of his rights, relative to challenging etc
the following jurors were, after delay, select
ed and sworn, viz:
John J. Brewer, Patrick Quirk, George Belts,
Peter O'Conncr, Ira Campbell, Wn. Covert, Saml
John Fnnegan, Robert NJ Ludlow, and John Nc
Kimmin
The District Attorney briefly opened the case
against the prisoner and called the following test-
Philip Roach examined. I am % years Of age,
and have followed the eight years. knew the
prisoner; him and me came here in the Ontario
have known him years. He arrived here on the 7th
Of July from New Orleans. l was present at the at
FRAY between Taft und Remson; il was the night
Of the 18th Of July; Taft and me aone when We
fell in with Remson; il was in the neighborhood Of
Water street, bat 1 don't know where, except that
il was at the door Of some boarding house. There
were two men in company with Rcmson at the time
II was not our boarding house. Remson struck TAFT
Taft and knocked him down. said, "dont murder
him" Then sung out /. watch" and went TO look
for an officer, but when came back the man was
stabbed. had only been away four or five minutes,
and cannot saw how far had been. Taft and myself
were going home TO Beekman street. Taft did not
speak to Remson before the blow. No previeus ac-
auaintance existed between Remson and Taft. Rem
son appeared to be sober; me and TAFT had been
drinking. was not sober very drunk. A knife
was here produced and shown to the witness but he
said he could not identify il belonging TO TAFT
During the voyage, the prisoner used wooden sheaf
knife, and know Of no other
Gross examined. At the time me and the prisoner
were passing themen at the door, we neither stop
ped nor spoke TO Remson; the latter struck TAFT as
he was going past. The blow received by TAFT
somewhere about the head. Taft was born in Liver
pool aud believe is about 20 or II years old. Dur
ing the time have known Taft he has always borne
the character Of pcaceable quiet man.
Silas Smith, examined. was one OF the crew OF
the North Carolina, TO which ship the deceased be-
longed. ! was with him at the last quarrel, when
he was stabbed. Remson aud l were looking for
each other, and, at length, we met IN Oak street.
we then went to Water street, near Roosevelt,
where the ARRAY took place. There were three
| OF us. and then started to 20 home. We
expected to be paid of the following day, and had
been drinking day. bat were not drunk Taft com
planned to Remson and his friends, that 'the N. Ca
| rolinians had been beating ofw" Wereplied /" How
can that BET We are all Of that crew; we would not
| feht you no how" Taft then pointed Rcmson out
as one that had been fighting and Remson then said
Pm the one that whipt you both Taft said he did
not think Remson could lick him now" and Remson
said he did not want to fight. They both urged him
Gght and Remson pulled of his coat TO fgih them
both The witness here recognized Taft and Roach
the two men that wanted TO fight Remson told them
"to hold on, and he would fog them both" Taft
asked me I" IL he could find Remson in the morning
I said yes, at my boarding house" They went and
talked, but after a bit came back and urged Rem
son to fight, Remson refused and Taft said he would
20 and get more men; and we said well, 20 and get
some more men,and we went in front Of boarding
house Taft came back again, when Remson pulled of
his coat told them 70 hold on he intended to lick
them both" They then squared of, and the hrs'
thing knew was that Rensom called out, +" Smith
| I'm stabbed"
told Slater TO mind Taft, while went 10 get the
watch. When / called cut watch Taft began Y
some one trip d him up and secured him. and the