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

Cs.rs Of Oyer and Tsrnniner.
TRIAL Of Ezra White for the Murder Of Peter Fisz-
patrick.
Evening Session-Third Day.
July 2-Christopher Dunlavy examined BY the
District Attorney. the 18th Of February, lived
at No. 80 Willet street; went to Gafney's about
o'clock that night; went out between one and two
O'Clock, and thought to 60 home, when heard some
persons say they thought there would be muss; saw
horrid wound in the groin. looked down and saw
the blood flowing from wound IN his right side;
then looked out and man running away; then
we stretched Fitzpatrick on the oor but the WOUND
would not stop bleeding We then stripped MIN,
and obliged to cut his flannel shirt, because we
could not get It of. The pantaloons and drawers ne
had up very high; the knife had cut tnrosgn
an outside pea coat, vest, trowsers, drawers, and
two shirts; the wound continued to bleed until the
doctors came; did not see prisonerat the house
that night.
i did not any liquor brought ints the back room
afterwards.
Nathaniel Hepburn examned-Was police OFF,
GER and arrested the prisoner in the neighborhood
and blue cap, l think. Lemuel Stark was with
him; it was on the Monday after the ARRAY took
place; he had vaiise, with some clothing In IT. at
the place were they lodged. The vase and hat
were brought to the prisoner in the presence OF the
witness. The shirts now produced were in the va
ise. They are not in the condition they were then
then! ,s
Mr.. Graham objected tothe witness answering this
question. u.
The Court said the question was pertinent.
Mr.. Graham said they must produce the valise
then, il they were going to show what was in it. d
District Attorney.-Then ask him what was in
witness-Two or three shirts, two pair Of pants,
and some other small articles.
The valise taken to the upper police office,
and placed in the room where stolen property 10 lock-
M .AsAlAs nnk nanad I'M hn rsrn
sence Of the prisoner. The principal articles, ex-
cept the shirts here, and the hat delivered
TO the prisoners brother. b
Cross examined-I not certain but the valise was
opened in the presence Of the prisoner.
N. b. Mountfourt, examined.-Is the clerk OF the
upper police. Saw the hat produced but not
the valise. The shirts DOT in the condition now
they in at the time received them from Bes-
ton. The white shirt bears the initials of b. w.
Cross examned.-The articles were placed in the
property room the 10th Of February, and without
showing them to the person accused. directed the
articles to be washed. II said they had been
worn by person who had been diseased, and
that washing was necessary. Several other wit.
testified to the identity of the shirts, to
move them out Of the technical objections which the
prisoners counsel had<dvanced against their recep-
tion evidence.
Justice Taylor examined-rhe prisoner was
brought before me for examination on this charge,
and the testimony of Wright reduced to writing by
the clerk, Mr.. Frye. The shirts were washed with
out my knowledge. l made a minute of Wright's
"
The Court refused to admit the production OF this
memorandum
Gaffney recalled by the District Attorney There
was small lamp and candle in my store the night
of she ARRAY cannot say il the candle burning
ct the time Of the ARRAY. The lamp vast
brsss lamp and gave good Light: ...ss. 90. -.
at TIE tine Of the aiiray
By Graham The lamp was lighted about Pm;
do not know IL the lamp had been again 1r,% ia
had two wieks and pretty large brass g'ooe winch
held the oil.
Alfred Fiynn examined. am surgeon and at
tended the post mortem examination OIL fNzPatrck;
Letitia Baker examined. Mouutfort, the Police
clerk. gave me the two shirts new produced to
wash
Hepburn, the officer, recalled. :,
District Attorney. wish you to state the condi-
ton these shirts in at the time they hrst came
Witness There were some spots that looked like
blood ON the lower part Of the right hand sleeve;
they were about three inches from the wristoand on
Jussioe Taylor recalled. I examined the sleeve
Of the shirt and the spots; they appeared 10 DC
blood. A..
The Court then rose and adjourned to Saturday at
l0A M.
Fourth Day- Morning Session.
few minutes after 10 o'clock the PR oner was
placed at the bar, and the customary mlnay
have lost any Of his confidence, although az times
there was a sort Of nervous tremuousness aoos' tne
MINER lin: and he seemed at times rather restiess.
Mr Graham Jr. rose and very briefly addressed
the Court The learned gentleman said that cosn-
seI for the prisoner consultation, had come 20 INC
conclusion not to make any formal opening OF the,r
clients case but 10 rely contradicung the tesu-
monv which had been adduced by the opposite side,
and reserve their further remarks 10 the jury until
thew should be called on to sum up the case,
The learned gentleman called Eliza Mcclellan
lived in q part of Gafney's house ON the 18TH oi
February last; occupied three rooms On the second
floor; attend at the Fulton Market, and am WIDOW
with three children; my bedroom was on "ine'
street directly over the store; remember the Je'h
fcaton very WE'LL and at home all that nignt up
to the next morning; the party began TO arrive AZ
Caffneys about or y o'clock; the music was play
inr at 5 o'clock, p. M, when went home; there
did not appear 10 be many persons there then, out
the dancing began about o clock; was IN the md
ale room in willet street all the evening; think
went to bed about half past 10 o'clock that night
could not sleep much account OF the NOISE, nghung
snd contention; was awoke about o'clock by the
o;.e il appeared to be general from room to the
other and to interrupt the dancing for SPELL but the
music struck up again; could not tell u there was
49, 6oh,;nv. I then went 10 sleep, but was awoke
ain Nv a dreadful racket, and heard the clock
strike two rwards; did not go to sleep aea'n
looked ont through the glasst see could see ,ns
Waterman: saw no Waterman nor any person, po'
I---I 49, II shrouoh the house, and they