Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-12


and 80 soon the officer had rele ssed him. red
into conversation with his brother and acquaia-
tances.
Nearly an hour was wasted in collecting the Jury
and Judges and by ten o'clock, the whole Of the pre-
liminares having been got over, the District Attor
ney was directed by their honors to proceed.
Lomuel Stark examined by the District Attorney
Il am caulker by trade, and live at $50 Front
street The prisoner and myself have been acquant-
ed about z years. We were together on the night
Of the 18th February, and walked together to the
corner OF Walnut and Grand streets. He was dressed
In dark clothes, and wore hat with Grape round
it. We walked to the corner Of Elm and Grand
streets, and stood there for hour before went
up town to dance, but cannot say where exactly.
Robbins, Rice, and Dufee were with us, and the
dance was at Frank Speights in Elm street. They
did not go. up town. but me and the prisoner went
alone Auer we left the dance up town was
companied by the prisoner, and my brother, William
wright and Bob Leigh We then went to Frosts
oyster house in Grand street. and had something to
eat and drink After this went to Gaffneys along
with Pierce Timpson and the prisoner. The prison
er and me went into the house last To the best Of
all We entered at the Willett street door, and
said, come, it's late, let's go home" The prisoner
:ald' let, go there and stay few minutes, and
then we will go homs.'
When we first entered Gaffney's the prisoner was
gong into the back room, when three or four took
hold Of him and pushed him all round. They did
not tell him to go out but went the landlord and
said, Ii you will get those off | will get him
ont. The landlord made no answ er. On this got
mold OF the prisoner by the arm, and got him pretty
much cut of the door, and in doing it was cut my
sell; The others came to get hold Of prisoner, and
pulled him away from me. Pierce and me then got
hold OF prisoner again, and pulled him out of the
house Two or three of them rushed out and got
him In again. Knocked one away and said, "Why
dont you let him alone! l want to get him home
also said to prisoner, come, and let's go hsme."
PRISONER REPLIED 81 have been abused good deal"
Then went home. Prisoner and myself went into
Gafney's together. ! went into the store an6 pri-
mt ttaA e
than the middle of the floor before he was stopped.
He never spoke till they clenched him. and then he
said, "Let go Of me-" Ne one spoke to prisoner
before they clenched him. There were as many as
dozen there, and they stood to shut the door
leading to the back room. No one said any thing
about a muss in my hearing. had to pail at the
prisoner very hard in order to get him from the men
who clenched him. Prisoner refused to go home
with me because he Intoxicated and felt rilsd at
the usage he had received in the from Ganey's
friends-Prisoner was out on the sidewalk when
they closed the store door Henry had stood five
or six feet off from the door. went as far As that
with him and kept hold of him. l would have taken
him home if / could. My brother was standing near
the Waterman, and during that time | had hold Of
the prisoner i've Or six minutes During that time
the deer was not opened.
District A.; want you to tell the jury
Witness-I went few steps up Broome street, and
came back, when White was standing on the stosp
by the corner. The door was open Prisoner stood
in Willet street q little.
District Attorney-How near to the door!
Witness-Two or three feet of, perhaps. The
door was open, and l could see persons inside.
District Attorney-How long did it remain open
Witness-I did not see il shut at all.
District Attorsey-Did prisoner say any thing to
Witness-Not that l heard, nor did aHy one saw
any thing TO him.
District At,orney-How long did the prisoner
stand in front Of the door
Witness-A very little while; and he left because
the lehman raped.
District Attorney-was the doer then open I
Witness-It was; then left myselffor a few min
utes; when i returned he still stood there
District Attorney-Where did you go?
Witness-Hone; and White went up Broome and
down Grand street TO Walnut street.
Here Mr. Graham objected to the witness saving
any thing about the prisoner after he went home.
District Attorney-Where did you leave White?
Witness-On the right hand side Of Grand street,
and turned down Walnut street; he lived two or
three doors down Cherry street.
District Atorney--Did you know before Won left
Gaffneys house, that any person had been stabbed
there
White had with HIM that night. found the prison.
er after this at Rearder's, in Walnut street.
District Attorney-Had he the same clothes on
Objected to.
witnen-White hat with Grape on, a steel mixed
coat, and dark trowsers. think they the same
he wore At Gafney's.
District Attorney-when wa, it that you saw him
witness-About twelve in the day; saw him at
Brooklyn.
Here his Honor Judge Edwards rose and left the
court His honor was absent about half an hour,
and on his retsrn he told the District Attorney to
proceed with the trial. whether he himself was pre-
sent or absent
Mr.. Graham seemed to object to His honor, stating
the matter 10 any, but what the learned gentleman
said did not meet the reporter
Examination resumed by the District Attorney
The prisoners brother went over TO Brooklyn with
him; when went did not stay more than half an
hour, and then went 20 the South Ferry; prisoner
had the same clothing on; we all crossed over the
East River by the steamboat 10 the Battery, and
then went 10 the place where the Boston boats start
from; we went on board the Boston boat, and went
into the cabin; White and me did not have any con-
versation before we got to the Boston boat.
Here Mr. Graham objected 10 the mode Of exami-
natisn.
District Attornsy-How came you to 20 to the
boatl
Objected to by Mr.. Graham.
District Attorney-What was said by you 10
Whitei
witncss-Nothing at all did not know where
was going at all
BY the Court-was any thing said about your go
ing awayi
Witness-I asked White IL he was going away.
and he said he did not know whether he was or not
District Attorney-What else was said7
Witness-Nothing at all.
District Attorney want you to say in what or
der you went to the boat
Witness-All went together, and the two Whites
Lad he