The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-30

possession; believe belonged to Mr.. Heberton put Il
into the carriage; procured from his house, the gun
double blrre.ed one; the nipples wrapped up
in flannel; had no arms, carry any; have
been with Mr. Heoerton time before that
ARRAY anout twelve years. perhaps more went the
school with him; for the last three years have
known very little Of him don't know whether he
in the habit carving arms about three four weeks
before this happened he showed me knife he had pur
chas d; the that was found on him; saw the small
pistol found him before that night; saw 1t two o.
three days before that night in my office; was lying
there hen came in; am connected with him by mar
don't think him the 9th of February saw him
the Tuesday, which believe was the 7h OF February
the afternoon of Tuesday took him out oil the cMy
he returned with me; went ten miles out OF the CITY
and took tea with former sch0omaser, the Rev. MIN
Steel of Abingdon Montgomery county; had profession
al business with MIR. Heberton the morning OF FIJI.
day. the 10th of February he said he felt worried and
asked take him out OF town; not profession
al journey spent some weeks with Mr. Wright one
summer he kept boarders; believe Mr.. Hebertons OBJ
jec wash taking rifle to shoot at mark caculatejto
reurn the next morning 1 my object in gong INTO the
JAMES CuRN swern-I have seen the prisoner at
the bar beore was board the steam ferry boat at
killed ! the pistol fired stood on the upper
side of the boat opposite the coal wagons Mr. Mercer
came board Of the boat and asked me II could
get him horse and carriage; told him could not but
told him where he could get after he talked to
about the carriage saw the carriage when
was drive down to the slip went to the horses heads
and the black man told me to let the horses alone don't
think there any vehicle the boat but the carriage
and the coal wagon the carriage and coal wagon were
about feet apart; when got in the Jersey dock
Mr.. Mercer fire pistol and heard him say. Here
an give self up usce" Mercer stood behind the
coal wagon the flash of the pistol did not the
pso he stood within about three feet of coal wagons
saw the person the pistol from the time he 6red
the pistol until he said he surrendered himself jas
tice he gave himself up to Mr. Vandyke; heard the
pistol FIRE three four times did not see the pistol taken
from hm the prisoner is the individual on board o.
the boat the boat in the dock when this occurred
the boat in the dock within three or four feet of the
Slip the slip is the landing place where you get on the
boat had been hooked before the firing of the pistol
Cross examined II don't know what time the boat left
the LET street sp si1u nHse last rs IN the eaa
we sometimes made trips after five o'clock; it was begin
ming get dusk when on this side OF rivers
can't tell whether the down when we left
Market street, was deck hand on board OF the boat;
stationary all the time the boat crossing the
standing the town end Of the boat before
we left when Mercer asked if could get carrsge
for him. Hebertons carriage had not arrived at the time
talking to me- did not tell him Where he could get
horse and carriage; don't know where Mercer was at
that time; he disappeared at that time; had been talk
ing about five minutes before the carriage appeared the
coal wagon drove first into the boat the hind wheels Of
the carriage foot ahead of the hind wheels of the
coal wagon; the first time saw Mercer after he talked
with me- when he shot the pistol did not know him
before that day can't say how he dressed; don't
or six minutes coming over; don't recolect whether
there any ice in the canal not; was standing on
the after end OF the boat when the pistol about
feet from Mercer sometimes it takes twenty minutes
to half hour to come across the river when there
ice there twas not dark hen arrived at the Dock
can't positively how dark was the person who fired
the pistol had his side to could distinguish mans
face from side of the boat to the other could see
one-ha Of the the time Of the firing Of the
pistol; did not see the first pistol go off the three
last ones; heard the first was then looking at him; all
ready to throw ashore, when heard the first reports
had the line in my hand when saw the three last re-
pots the line used to the boats Mr. Mercer was
behind the coal right at the end when he hred
the pistol; don't know where Mr.. Vandyke was; don't
know whether Mercer vandyke spoke frst Mercer
left the coal wagon and passed me to towards Vandyke
can't b. positive whether heard vandyke say anything
not; if any ether besides Mercer had been there
and had pistol his pocket should have known the
difference between the two; was dark when the boat
got up the slips had Mr.. Vandyke before;
was there AMI give nv self up to ustice' was then
IL feet Off Mercer round the coal wagon
when he fred the three Shots 1.-THE witness marked on
piece of paper the position OF the wagon where he the
witness stood, and also where the prisoner stood
witness resumed.-Idont know how far Mercer was
from the carriage when he fired the pistols he was about
from the carriage and two feet from the coal wagons
he the hind wheel, that was nearest to me-
PHILIP DANIELS sworn.-l board the ferry boat
the 10th of February when said to be shot;
board the John Fitch; drove my wagon on and
then the carriage drove stood in the lower side of
the boat; just coming in the slip heard
pistol 60 off and looked round and person shoot
three other barrels Off he went round the coal box and
said "here am give myself ups" he said. "here ON,
come at me and will give myself ups" saw him behind
the coal box fred the pistol stood opposite the
horses the off side along the wethers of the horses
when he said he wou give himself up saw his feet and
legs under the horses he wanted to know OF if there
fiddler board of the boat, and if would HAYES
dance; he had his hand on my elbow when he said .let
soner he said give myself up after said that the
who fired the pistol must be fool; Mercer was on the
up; a man named Bloomfield standing by
wnen Mercer talked OF the fiddle; while Mercer and
| were talking vandyke up and spoke to Mercer,
Conference.-The suppose it was alter SHUTDOWN when
we left Market street ferry don't recollect whether
ter while the boa was in the slip in Market street saw
Mr. Vandyke get out of his carriage did not any
thing of Mercer before that did not any thing Of
Mercer until after he was charged with firing the pistol
did not know there any person in the carriages
saw Mr.. vandyke walking backwards and forwards
xk,r - Al IL
person was ID fool for firing pistol among the hor
ses said and thought so; stood at the horses heads
wagon was nearer to the carriage than my
horses saw the pistol after was in the house saw
h se
was just beenningto get dusxy when the boat came to
the dock the person who fired the pistol stood with MS
who he was Mr. Vandyke knew him, and took him off TO
| the carriage.
| Isaac S. MouNTroRr, afirmed-I at Camden the
10th of Feb last and person there dead; was told
person OF the of Hebercn; think it about
7 O'Clock in the evening when first him; ! him
in the ferry house at Cakes called upon for the
purpose OF assisting in making examination of the
| body we made a general inspection before the
| moval of the clothes. found opening passing
| through the overcoat on the back part Of the
shoulder and upon the removal of this coat, a
other garments The body being Stripped and examined
other wound found except that the back part
mens; this opening small, and circular, slightly r
regular, ragged at the mouth. An instrument passed
to- make
animation objections made by friend of the dec
ed and concluded to defer the examination until 10
o'clock next morning.
At that time the examination resumed incision
then made, and the ntegument raised up from
the bone underneath the bone being exposed, il,
found that the opening passed through it, perforatng it,
and passing underneath in the direction, be-
fore mentioned, inward and somewhat downward.
| The cavity of the che t then opened and the left
side the chest found to contain good deal of blood
| This beng removed, opening was found passing
"a mar Oi
rib. The opening then traced onward through the
lung entering the pericardum and entering the left
rcale Of the heart and passing onward to the right side
| of the heart, where ball was found-such wound is
usually fatal have doubt OF its fatal effects in this
case From the inspection OF that wound have no
doubt that it tie OF his death. Such wound
usually very speedily la'al should think il possible