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

49,, =. lid ~;1h his brother at Rrsoklyn. Smith
fold re the triaa Had been On three days. hc ole
not tl ne vhst any Of the witnesses had SAID mere
No nsrsor has informed me Of the facts proved IN
this case, but saw two paper: tAs hGrnns, ING
San and another, but don't think looked az the
trial at all. In the Court have seen tne Herald
heyinning am whitesmjth now have been
grocer MY shop is AS7 Water street. My wiie's
friends live in Vermont, and went there because
she had gone to her friends. lett week ago
By the COURT could not tell if White was in
toxicated on the night Of the affray
BY the jury had frequently seen White during
the last fall he had been pointed out to me as ZEE
White" but could not think of his name the night
Of the Coroner's Jury
BY the District Attorney-I told Aid Conner
where had seen the man, and what sort Of a man ne
was; and the Alderman said, saint it EE Winter!
and 1 said "That's the man." -,
Mr.. Graham here read the dispositions OF THIS
witness which he had made before the Coroner ana
the police magistrates. .
Mr. Graham proposed to read from the Coroner
minutes the testimony of the last witness taken oy
that functionary the ante mortem examination .,
the other two men. The District Attorney opJectca
on several grounds, and principally because It ap-
peared to be mere memorandum In penciL :.
The Court said there was nothing 10 snow tha' ~
was the testimony taken before the coroner. h;o
The District Attorney said that ne had no oDJec-
tion to put the Coroner on the stanf, and examine
him. -
Mr.. Graham insisted that they could read the tes-
timony Of his court instead =,
Mr.. Graham, in r. read the statute tnat govei"e"
theCoroner in taking testimony.
The Court said that it cOud not consider the paper
produced such a record the statute required or
authorized All that it certified that inquest
held and certain verdict returned, put as lor
the minutes, they might have been added suose
quently
present at the post mortem examination the femora
vein was wounded in the inside but not entirely cut
of. The external wound was considerably above the
vein that was cut am OF opinion that the man was IA
stopping position when he received the wound, De-
cause il he had been standing up It would nave gone
into the cavity Of the abdomen. The man might have
the blow coming, and have stopped down TO
avoid it. The wound was not necessarily OF q ma
ture to cause death. Under some circumstances
man would die of such wound, but the chances
would be in favor of a mans recovery. That man
died from loss Of blood from the femoral vein.
Cross examined. 1t is probable that if the ordina-
~ remedies had been applied in quarter OF An hour,
he weuld have been saved.
Edward Denham examined was at the mouse
of GaEney the night of the afray. -Four personscame
In who spoke about muss but went out again WIN
out any blows on either side Gafney shut the door
and it was opened, but don't know by whom. II
occurred to me that there was noise outside ana
walked slowly to the door-while l was standing
there one took me by the collar and gave me
pull inwards. At that moment as was Pulied rouna
some gave me stab over the leteye, wniCh ieit
this scar (showing his face to the Court and jury
At the time got out Fitzpatrick was outside the
door. can't tell who was out before me, but recoi
lect that about the time got out Fitzpatrick pushed
into the roomhe held his hands close to his body at
the time He sat down in a chair, and after time
he dropped the floor
Cross examined. There was a light il not two In
the bar room. l saw some young men enter the
house, but do not know who they were saw them
distinctly. l cannot tell how many Of Gaffney's
friends went out before cannot tell how many
glasses of liquor drank that night. went first a
bout ten clock staid awhile, and then went nome,
but afterwards returned
Here the Court took recess of one hour.