The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-13
Price Two Cents.

not see the stabbng was standing at the tongue of en-
CINE No. "a and Barger cried out Tom stabbed and
Saw man run pass me- whom endeavored to catch but
stumbling pile oil bricks lost sight him could
not saw positively that man as sanprse but think il
as him; he had dark vely ket and can went
that night with the officer TO arrest prisoners he said he
could not get up he was sore and asked II he could get
that if he had taken his Brothers advice he would
have got into this scrape the first ARRAY was all
| when we arrived in nth street.
| Cross.eraminsd-I belong to No AZ; hive with il
for four five years. know Of no quarrel between
| panies "a and IS before this in question
| ALrx,NprR SMITH, Constable Of the 10th ward
Arrested the prisoner in 10th street at his boarding house
the night Of the 23d September; he was in bed with
| other person woke him up and told him he the
man, as informed that had stabbed Barger and he
go the watch house he complained Of being very
sore having been knocked down the of 18th
and the sth avenue he had on dark roundabout.
thence the Police On the following morning took
small knife from the pantaoon pocket at his boarding
took the knife to the Police he made no remarks about
the sabbng but said IL he had taken his brothers advice
he should not have been in the difficulty.
HANNAH BARoER swofn-l am the mother oil the deceas
ed ne was not quite 20 years oil age he enjoyed good
died on the 18th November at my house he never
able to stand on his feet from the time Of receiving the
| wound till his death.
| Din. JAMES b. NELSON swom- was called to attend a
that had been stabbed the night Of 23d Sepem
Der, at druggists, in the sh avenue who afterwards
learned Barger. ldressed the wound, which was ON
the left side between the sixth and seventh ribs and hay
ing staunched the flow of blood had him taken home, to
the 7th avenue. The wound inflicted with sharp
instrument and had penetrated the cavity Of the chest
woundng the lung, The wound might have been infct-
ed with penknite 1t was one and half inches long
| attended him till his death, the of which the
effects of the wound producing Inflammation of the pleura.
&c am satisfied the wound was the sole caise of death
| On. George IusB.ND called, and corroborated DR..
Nelson in his opinion that the wound was the cause OF
death. The wound might have been inflicted with knife
| the point of which was rounding.
The prosecution rested and THOMAS PHoSs, Esq open
| ed the Defence and called
| PETER BARcER who being sworn, stated that he was
foreman of No - Engine; that the night OF the 2sd
September alarm of fire raised; caught the en-
| md nninuIu 10 irt
met No. IS coming down, and turning round followed
hem and the end of Twenyhird street and the Third
said they were bound to lick No GAS men because they
had skunked them the night before also, that it was said
cine home and return and kill the SIS of b~hess and
they left but reumed saw Henry Drake take the rum-
pet from the Assistant Foreman OF NO. a. and knock HIM
down; asked for the trumpet and of the party
then struck stones were flying in all drectonsi did
full of Jumps; heard Hen. Drake stab
bea there wis great mob when the two parties met at
coming imos Of the members ran awayfand e the engine
to be dragged to the house by some boys an enm ex
sted between the two companies but never before this al
fair; left the engine.
observation-disclosures that night was dressed
in velvet jacket and glazed cap knew Barger he was
express any hostility towards the members of No. "a Did
| not hear of Barger being stabbed that night
CORNELIUS b. ARCHER the Corner, Yves examined, anu
being shown the knife, oopinon that the wound was
made by different instrument to that produced, as the
cio atriX less than the dimensions OF the blade.
Dir. NELSON recalled and considered that the wound
might have been inflicted by the knife produced.
Dawn BINGHAM sworn-Was present at the fight on the
night of the 23d September between the two companies
did either the deceased or lsenprise there
RoBERr SMALL swom-Was also present ut the hrst az
fray; Isenprise Knocked down. and then lsenprise
| went away limping down 18th street.
PArRIcK KANE also ut the first fight; did not see
Bsrger there, but lscnprise and he was Knocked
down.
JAcon MYERs sworn--I was at the second ARRAY and
after deceased was stabbed caught him in my arms did
not see the prisoner there orJohn Drake stones were
flying in all directions at the time. Barger got the
loro ain ten 9Th
No 2d's men had all gone away.
Anumber of persons were called to prove the good
character of the dec eased and his mild disposition.
JOHN DnAKE recaed-He found the trumpet of the
assistant foreman of No - lying in the street, did not
knock any person down.
| RoBERT foUEG recalled-BarBer was very quiet and
orderly young man.
The evidence here closed and the will be submit
ted the jury tomorrow morning, under charge from
| he Court