The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-26

would BE taken out oil The ring, ana my oroher-ln-
law told me 10 go away; he afterwards entered the
ring TO help Shanfreid, of my brothers seconds
and he was knocked over by him the ground was
soft from the rain did not say that my brother
could hight two hours longer.
by DISTRICT ArroRNEy.-I did not hear any one
say carry Oft your dead"
The Prosecution rested their evidence here, and
the court adjourned to o'clock, Friday morning.
FRIDAY MORNING, 9 O'Clock
Notwithstanding that the prosecution had rested,
last evening the opening OF the court, they called
another witness, named
MICHAEL LAWYER, who deposed as follows I'll
resided at Dobbs Ferry in September last. was
at the fight, and saw sullivan there. first saw him
that day on Hastings wharf. Lilly was with HIM,
and his two seconds one McCleester, the prisoner
at the bar, and Ford-thls was about hall past nine
or ten O'Clock in the morning.. They inquired OF
me where they could hnd stable to put up their
horses. | told them they could get room In Nh.
Nodin's stable. | went with them, and they put
their horses up there. Then they went TO Thomas
Arcbard's house, went with them; they went over
his work shop. man, who SAID he was either an
express a reporter, was with them. Llly's SHIRT
being wet he was gwen dry shirt to put on; he
then went 10 bed; his two seconds remained In the
room with him. Sullivan came OUT and we re-
turned with several Others TO Hastings wharf he
tod us that steamboats, were coming up TO land al
the wharf returned to the house with Sullivan
Sullivan told Lilly then to prepare himself TO go
down to the ground Two OF the STEAMBOATS, had
then arrived; this near IL o'clock. Lilly then
SOt up anu uIeSStu nlIllseH Two stCOHus assist
ed HIM, as | supposed they were saw Sullivan
assisting Lilly In putting on his breeches, and Tying
nband round his waist; he had on white pair OF
cotton stockings, breeches, shirt, and overcoat; he
had on pair of old shoes. Sullivan went with him
IA the wagon from the house; McCleester and Ford
went on foot. Arcbards house was about three
quarters OF mile from the battle ground
| went with the party In the Wagon, but
went on foot; the parties separated; as we were
going to the ground there was another wagon met
us; this was about a quarter OF mile from Arc
bard's house; do not know who was IN the wagon;
Their. were two in it: the men in the wagon we met
told us that the magistrate there on the ground
to prevent the fight; Sullivan SAID, that makes no
odds, We'll go TO the ground nothing else took
place; we then proceeded along the CIoton aque-
duct; before we got to the battle ground Lilly and
Sullivan lit from the wagons Sullivan came over
TO me, and told me to walk along side of Lilly, SO
that there should be no nouce taken OF him; SUN
van went before US IN sight; We proceeded until we
came to the battle ground; as soon as we arrived
there, they took some pea-coats and spread them
on the ground for Lilly 10 lay down and rest him
self upon this outside OF the ropes altogether;
he laid there about twenty minutes; Sullivan
was there, and great number that do not Know;
took no notice whether McCleester was there or
not; Mccoy came up about ten or fifteen minutes
afterwards; Lilly then rose, and Sullivan told him
to prepare; he had not on his fighting shoes; CAT
red them myself; they were then put on; Lilly then
took his hat and threw into the ring hrst; Mccoy
then done the same; Sullivan went with HIM to the
ring after his shoes were put on: the hrs lhlng That
then saw was the magistrate on the inside OF the
outer ring; heard HIM say 10 the people to dlsperse
nc, and there was such confused noise that sui
livan cried out to the mob g be silent while the
magistrate Is doing his duty;. this Is all heard;
then saw the magistrate coming out; / remained
there during the battle; saw Sullivan take sponge
and throw water upon Llly's back; l saw him do
this five or six times; heard Sullivan cry out near
the latter end of the fight to take Mccoy away as
he was beat man, | think this was on the goth
round; did not him nurse Lilly in any way alter
that; did not hear HIM say any thlng 10 Lily
where to plant his blows believe he said ne would
be broken man II Lilly was beat, as he mad 50
much money staked on the result; there was
shout from Lilly's side when It was announced that
he had won; did not hear that Mccoy was aead
until / returned to the house OF Mr. Arcpard; re-
turned in company with Sullivan and Lilly; Sulll-
said to Lilly that he behaved very well, but he
thought he would have whipped hun IN halt the
time.
Gross examined by GRAHAM-I believe have
spoken the same sentiments before; have never
been examined before in White Plains on oath; !
was examined last evening, but not under oath;
Grand Jury at Bedford; | was subrDnaed here;
was examined before the Grand Jury, told the
Grand Jury that saw the fight at Hastings; did
not state before the Grand Jury that saw Sullivan
and Lilly at the wharf at Hastings, or that saw
reporter or express rider there; | was not asked
any particular questions before the Grand Jury; |
did not tell them this; did not tell them any of tie
facts that TRANSFERRED before the fight; the first con-
Il
days after the fight; did not then tell him what
transpred before the fight; Justice Golden saw me
on the aqueduct; the first time | told these facts
after the Court at Bedford; saw him there
but did not converse about this business; | was
there three days; | have conversed with Squire
Golden since | came TO White Plains. Ii was in a
house, and Squire Golden took me there; he did
not find me, because went there; he asked me to
go to another house, but he did not state any par
tcular one; there were several words expressed;
Justice Golden did not speak; we went in and sat
down; l asked him when he thought could get
away; went to see Golden; he did not ask me
to go and see him; | went to see him to ask
whether any one was going to Dobbs' Ferry, as |
wished to send to my family; this was at Brlggss;
| went from the tavern facing Brlggs's the first
conversation that | had was at Lewis's; at this
time had no conversation about the fight; he went
out and / followed him; | was talking about
family affairs, not about this at all; had con-
versaton with him about being paid a
witness; the first time said any thing aboutit was
at Bedford, and told him that | could not pay my
way as | was poor man; told HIM last night the
same thing; went into the tavern with Golden and
was in the eating room; there was one else with
us in the eating room; 1sad nothing then about the
fight, was there about ten minutes; during these
ten minutes all said to Justice Golden was that
told him that wanted TO go home soon as could;
we had some talk about the trial; explained no.
thing there but what explained here in the court;
spoke about McCoy's brother, but didn't sayany
thing about him; repeated the words that McCOy's
brother said as witness; believe told him about
seeing Sullivan and Lilly before the fight; did not
tell about Lillys lying down the coats; did not
tell him that | walked from Arcbard's house with
these men; believe Justice Golden did take
small memorandum of what said; l cannot say
whether il was as large the bit OF paper that the
District Attorney had this morning when he was
examiningme; left the dining room after this.
BY ATTORNEY GENERAL When went before the
Grand Jury no question was put to me about any
thing that took place before the fight; at this time
had no conversation with Justice Golden relative to
what took place before the fight had no converse
ton with Squire Golden before yesterday about the
fight; last night went over to see Squire Golden IN
order that may get home as told him that had
would call me: / am mason by trade.
By GRAHAM-I never saw these parties before that
day went to the battle ground for The purpose to
the fight to stop IT; was outside the ropes during
the fght the first knew that the fight was 10 take
place was about o'clock that mornngmy house is
alb nj mile and quarter from the fight; was al
the fight full two hours; returned with these men
~. oraA q