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


The Court did not sustain the objection of the Dis
Examination resumed When first looked out at
the window, did not see any Waterman, but after
wards saw three, and one shutting the door,
it reverted them from coming out said, "watch-
man, what's the matter? there has been noise for
very short; she said he hadn't been in--he didn't
know or couldn't tell" asked the same question
two or three times before got an answer. l saw
nothing more but every thing seemed perfectly quiet
the appearance Of the Waterman After that Ihearo
nothing but the calling for doctor either inside
out II was very cold night, and it appears to me
to have been very dark one. I.N1
Cross examined by the District Attorney. / do
not know the prisoner nor ever him until to- day
1t was small window with small panes Of glass.
When set up in bed could look through the second
pane O f the lower part Mysyes were close TO the
1t IS an old fashioned house, and il man stood out
side one might easily take a child by the and
give It to the man. There were no outside shut
ters or blind, but curtain which drew on one side
had no occasion to rub my breath off the pane OF
glass. could not see the side Of the house in Will
let street, but could see the sidewalk.
District Attorney-Ceuld you look out at the
window and see a person who was standing at the
door?
Wtness-I should think that might
District Attorney-Before you got the window up
witness-i think heard a. i footsteps going away
District Attorney-How often did you hear the
young man cry out, elf you don't go away will dirk
you or stab you -
Witness-Three or four times.
District Attorney-Could you then see persons
outside the door
Witness-I could not.
District Attornsy-Did YOU see man fall against
another?
Witness-No 1 dic.nots
District Attorney-Will you undertake to say that
man did not fall out Of that houses
,Witness-No; only say saw none.
District Attsrney-Can you be sure it was q
Waterman that answered you?
Witness-Yes, for he wore the usual dress
Graham-If any man had pitched out at the door
over on the curb stone, must you have seen him
Witness Il think should; was greatly agta
ted that night, and many things might have happen
ed without my seeing them.
James 3 Timpson, examined am the Assistant
Alderman Of the 18th ward knew Wright, the
Waterman who has been examined here. / saw him
in the month of February last, the morning after the
ARRAY. had no particular conversation with him
at that time but some hours after had The street
Inspector and him came to my store together. He
described the clothes and the general appearance Of
the man, and supposed it was different person
from what il turned out to be. Wright said il he
could the he should know HIM. We went
into several stores and porter houses about Grand
street. and saw nothing Of him. He spoke Of lame
man: He was asked If the lame man was Lemuel
Stark. He said no, he knew Stark; it was not him.
l knew three persons named Pierce, Timpson and
Hale. had conversation with them, and with
other by the name Of Kelson. Joe Stark also by.
person who committed the deed, but all appeared to
have forgotten the he went by. They said they
knew him by sight, and would know him ifthey saw
MN again; They did E NO VI his name.
talked, but do mot remember what they said irst.
They said they were in some difficulty, and wanted
advice as to how they could get clear OF IT. They
did not tell me what part they took IN the ARRAY
They said they had come down from Frosts TO Cali
ney s, and that two other persons had followed them
from thence, gone before they did not know which
They did not give me the names Of that party They
said that some went into the back room and some
staid ON the sidewalk There had been considerable
disturbance, and they remained until the watchman
raped, and then went away: Ihey tod me tnat
Keson was in the room when Fitzpatrick Drought
ia wounded and he admitted that he saw the wound,
but said that was the first he knew Of any disturb
ance The rest said they did not know Of any ono
being hurt until later in the morning. endeavored
10 get them to tell me who II did the deed.
cannot repeat what said, but asked them tetsl
me the mans name; they said they could not tell 4,
but could point out the man II they saw him. 4 told
them to go TO the coroner and tell all they knew
Wright desc ribco the man rs having striped panta-
looms don't remember what he said, but thought
IL was a different man. He described mis- general
appearance and his dress, but don't remember, ex
cep that his had green stripes and that he
was frequently seen about Grand street None Of
the others ted me that Lem. Stark was there that
night. think il very likely that ! asked them
where Lemuel was, bat they appeared to be very
careful in answering, and wished to evade every
thing that might bring out names. Wright did not
saw what hat the man wore who did the deed. MIR.
Pierce, and l. after had left Wright, went up to
see the lame man, but found that had fallen into
an error, for we got warrant Tor wrong man
Wright was asked IL he would know the lame man
again aud he said he would asked Wright " II
the lame man was Mr.. StarkP' and he said " No"
Not above one half Of what this witness said ever
reached the reporters spoke IN such baby voice,
and the counsel either side reirained from admo-
nishing him with " you must speak out, SIR as they
eeneraiy do, simply because they weuid not hurt
the feelings wound the dignity Of an Assistant Al
derman!
When we next caught the voice of the witness, he
said "Wright told me Lemuei STARK was not the
man. !.
District Attorney Can you state that Wright said
Lemsel stark was not the tho did the deed, or
not the man that therel
Witness Not the man that was there.
District Attorney. why did you not send Tor
Wright when the young men were at your storei
Witness Because the boys came so unexpectedly.
Juror Does the prisoner answer the description
Wright gave youi
| Witness. He does as to sire.
Here great squabble took place bctween the coun
sci on both sides. The District Attorney appealed
| to the Court for protection, and Mr. Graham, ".
insisted speaking although told to SIT down oy the
| presiding Judge. .-
mary remedy II not for fear OF Jespardizng the
interests of the prisoner aud stepping the course OF
public Justice. His Honor told the District Attorney
| to proceed
Mr.. Graham, jr. still insisted on making spsecs'
and the did make speech-and then the 'r'a pro-