New-York tribune., 1841-05-14
Citp Intelli9cntc.
p.,o,,sd for the Nsw.York Tribune.

Rcnared for the S.~-lork Tribune.
Corx1 OF OYER AND TERNISxE.-Bciare Judge isd~a-,
and Aldermen Benson and PuEdy
C0>c Of E-rq IIh-This Court was YESTERDAY ea-a,e
from o'clock in the morning until late ouF At nigh; .
second trial of Ezra White indicted for the m1Ee! o. pe
Fitzpatrick By stabbng the nsn OF the l'tn ebTgaTy @
Tie facts given in evidence the former ;ra and Fepeae
srb>,an,;allv the the wih >e variations
cc charac,cr ewins ;hc greater ls'pcrion oi the e
-i> OF witnesses ,esy.g the are briefly as follow
The prisoner and number of other you's men s dssaS
and dsoricrv character late hour OF the a.,
uxuatng oysters ard .tncr edibes and 'ndnsng dS
ing ares spirits. unit, tey considerably beyond the te
darie sotrie,v In this state a;er midnight ;cy !ei
place convention and proccedcd 10 grocer
the OF BroSe and Wet>t-ccis. where the proP
who had just opened his establishment ,rcan, W
tricn}s to what called house warming The company
scnbcd IN high OF Joy and see, intScuc
dance and animated by the that oain. through e
apartment The OF their ccvery attracted the Ii;enoc
,be,e Young nen who entered the premises obtained S
drink and .naly forced their way the apartment ~k.
the males and females were engaged the dance. Tss
chamber with their and the young who e
themselves into their ociey, and the a
<,s diiculty cected from the and finally iron heboc
the outer doors o which were closed After sirt perh,d
capse the yaun. tie cjeced party amongst when
the prisoner White. young man named start and several
others returned the house and endeavored to force
trance, which those inside resisted by pressing against the @
II, keep them closed White and his party, however eNee
themselves obtain nSres and applying thcir aited rs
to the door OPEN times partially succeeded
The this strife and ot the amn,eien within had al
,racte. together number of bystandcr who we're aoaes
principally the opposite corner OF the street gazing I'll
exciting spectacle. Among the number whom 4g'y we'll
rhaps as curiosity called TO the Mr. w right, awat
VINO paid particular attention TO me and
tions the door party OF which " te was one "a
looking he observed the door TO be forced parity open
ten ycupg mans hand thrust IN AMI drawn suddenly oai h
the door closed aaG then again thrust IN and drawn out as
the stabbing and he at the first trial sad ne saw Sn
Glitter in this Young mans hand but n the present trial he h
FORGOTTEN that fact THIS young man. he depOSed was End
White This he was he stated the better able 10 testify
as in cndeavorng suppress the disturbance he was comPe
20 urc sorcha, III the melee and iuS Nas brought ace n
and time contact with hc party TWO OF "hca
White and Start he especially recognized After time lei
strife of the onending indoor an outdoor parties ceased m
latter retiring On the doors beng opened II was discovered
that three of the party inside had been stabbed with sharp
instrument and other severely and Peter Fpal
trick in the abdomen anserous that his bowels prcta4
and on being conveyed home he shortly after ei
The Others after period OF lingering pain aud suffering ecov
cred and one Of them has since removed 10 he West Deal
nan ON. of The wounded and Duuley, OF the party m
house remain and testified the former tria to the person
ncfs af White as principal actor in the bloody aray they
did also on the present nearly the before with
notifications rather favorable 10 The prisoner.
Alter the death of Fitzpatrick, the Coroner B Whee
ESD, summoned jury and Mqnes was held on the body
tie evidence ccn the fact that w e and Start We're ac1l
cooperaors the airay aud his process was issued tor rE
arrest They both however fled 10 Boston, whittier they wl
followed brought back ascuscd and imprisoned The turI
OF case However fixed the act OF sabbng n
White indicted tor the murder, and tried and CO.
yctcl 4 bill OF exceptions, however made out aad The
case affirmation OF the judgement by the SnpTea
Court b?ck the Circuit for sentence OF the pn
He accordingly sentenced be executed ON an appo,
day when his able and ndeiasnbe counsel David GahsS
Esq interposcd writ of Respite after respite Sp
granted by the Governor and the after rchcarng before
Tho S,rc,. C.urt wa. sent 70 the Court of Errors where m
reasons assigned sufficient the contemplation of law, the
diet aud judgement the Court below aside and
trial granted The trial progressing, and exclies ano1
as much interest did before. The conducted on
part of the prosecution by Willis Hail. the Attorney General
and James r. Whiting District Atorney and for the prO
who appears greatly Gained and altered in his manner by A
same able Council, David Graham, Esq We do pretend
in ibis brief sketch give any thing than our4
the and the prominent facts OF the evidence t
very late hour last night the still progressing
it was expected that might probably be brought csse
morning When the resul, known, shall hasten give
readers.