The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-12-31

her possession for the purpose Of preventing Ter from
Mrs Armstrong 60 whether DID not release Armstrong
from the boys did not see that Armsrong's eyes were
blue or that his shirt was tore on
AFTERNOON SESSION.
The Court met at O'Clock.
MArrLpA sroRY being sworn. ternfed-Heard noisei
looked out to the cause saw Mr. Armstrong and no.
binsou in the yard; prisoner throw barrel among
children that play ing sround saw him after
him throw a brick bat at Clauaseyb head; Robinson
went out and caught hold Of him to prevent any farther
prisoner then Mt down and comuienced
striking the stocp and did any thing else until
he mat Claudsley killed; did not see Armstrong
have any thing IN his hand when wen! 70 see ths boy
he showed his wounds and while doing 80 the Pro'
ner entered. go -,
Mr. Robinson separating them; saw Mrs Armstrong in
the yard; did not see Mr. Robinson do anything to ms
JANE LOCKWOOD being sworn, testiaed-I lived in the
house with Mrs storyheard scufne up the alley
went up and saw Armstrong in the ya,d; think ne
had has shirt Prisoner qrarreilng with the boys
aud lifted barrel and threw among some children
Armstrong went TO the back Of the yard Dad not see
who threw the brick All this was done IN about 10 or
10 mirues. came out sgain-prisoner was apparently
speaking caudsley who did not appear to pay o'ten
ton what he said. Prisoner then made rush a and
struck Cia.dsley Could not say how often che was
struck ! then went up Claudsey, and could remark
spot upon his side where the blow had been struck
Cross s1aninsd Mr.. Armstrong appeared TO be very
fine hen he was sober bu. when he got IN liquor
he appeared to d.ranged Did lose sghof him for
above second while the yard Did not sec that
the had prisoner dow in the ard Did not SEE him
knocked up against the cistern When looked up the
alley saw prisoner strike the boy. Saw Advantageous
in the alley above two minutes until saw the boy
struck
sAaAH FxRovsoN being sworn, tesihsd-I live In the
building in the house with Mr. Armstrong; heard
disturbance in the yard saw the boy on the stoop WIN
board prisoner asked The boy hat he was dong and
said ne wouldn't allow him TO saw 1t sn sltsrcalon
between them Robson separated thsm he then
ef his shirt and offered TO Tight and as no person
would fight he put his shirt and went into the houses
when he into the ard about fifteen minutes STEER;
passing through he told the boy he would have his re-
venge him. aud threw part Of brick bat a, him; did
him approach the boy on the sooP; saw the boy
he stabbed keeping his hard upon his side aLd
saying hs had been stabbed by the prisoner and would
consequently DIE
also sap The prisoner return the compliment; do not
OF my knowledge where the boy was stabbed,
cannot say who was swearing when the DICK was
thrown.
Mrs BUTLER being sworn, tes'ined-I live at - Bank
street, second story, back saw MIR. Armstrong
attempt strike blow, which the boy eluded. saw
his circumstance from my own window
JAMES ANDERSON bring sworn, t.snned-l live ct ei
ank street went up this boy, and entering into
me yard saw Mrs. Armstrong endedvoing 70 persuade
prisoner to come in while vas IN Mr. Rooinsont,
h ard ihs two boys guarding with AImstfoDg who wss
10 persuade them 10 fight saying he would
his Soon after, heard loud cry, and on
gong ascertain the cause, met Cisudsley coming IN
the stoop, holding his hand upon his groin. from
which the boed flowing saying he had been stabbed
Cross ,zaminsd i think it very near o'clock
when this transaction took place From my iormer
Of the prisoner kept OFT Of the way, SO that
might not be cosnizai OF any occurrence ina, might
place heard the blows while was in Mrs ROBIN
sons
The evidence for the prosecution here rested.
THos r. WAsrrS', being sworn, tesuhsd-i live IN %
Bank stree, saw me %S ocSs h;m
that M. Robinson had hold Of Mrs Armstrong; where
900 could easily perceive that the boys had hold OF
prisoners shirt On he not then above loot
from the fence; whether they struck bis head
against the fence; MIR Armstrong then went into tie
ard time after again looked out and heard Mr.
Armstrong say that you have hurt me, and something
having officer to appreh,nd them; he then went
nouse; ne then back into the yard, towards the
oop and as he was coming up one OF the boys msds
toward prisoner, and heard blows piss between
hem and ths; got prisoner partly down; soon after
heard screechg and soon after head person say that
Il Csuds.y was BADLY stabbed
Crosseramned go, out the top Of the root Of my
stoop then Iaiuy dressed alter went in the first
gain locked out and got up on the roof OF the soop
light this time; heard hun say he was hut and
mat he would have them apprehended; he Likewise NUT
tsed something which could not understand at this
time could not see the hoys.rom The position stood in
could oaiy the front Of The s,ooP although could
all the yard should consider the steop as forming
part OF the yard from the in which the boy
nade the step OF the soop should think was his in
| Mrs Wassrs being sworn testified live next door
the prisoner saw the t.o boys strike Armstrong and
snock his head against the fence; saw him take up
rick aud throw L the direction OF the boys saw
he prisoner walk down the alley, and saw Mrs Arm
rong walk down the alley wipe her husbands iace
also saw Mr. Robinson having u hold OF Mrs. Arm
.rong while Robinson lad hold Of Mrs Armstrong
lie boys striking prisoner, and striking his head
Cross The boys ultimately let him up did
p,soner make use OF any threats to the boys
1 f.s.0 norLra beng sworn, testIh.d-l live In ~
inh street heard noise on the stoop MIR Robinson
misrerea tween the boys and prisoner and took ths
nd apparently dissatisfied saw the two boys and pri
ouer. and blows passed bet@ee parties, but the height
Il the fence prevented me from seeing all their bodies;
card noise ggsns IT, apparently csused by the push
& OF the prisoners head Aust the fence faterwsris
toop; can't say who commenced the snsy, but all
engaged in II could not say that Armstrong
down any part Of the afay Of the stoop there
I'D been quarres between the parties before prisoner
cottes were very much tore could no. say II he was
/ bruised
CrO,s examined IL the whole OF the platform on
he s,oop, could not every person walking the
aa 81 feet hs %; il he from to two feet
ON the stoop heard Robinson threatened 10 put prison
| "a 5 h, ad INTO barrel
JoHs ARM'Tsoso being sworn test fed saw The pri-
siiei hts arrest part Of his arm was bruised and
rs lace backencd this was four days after the &C
| dent occurred.
| RoB.nr Mosnisor being sworn, itstifed-I saw him
r the shrsy took place his ., was black, and the
her partly hurt, too this was Oh the night OF tie shsay
Mr TuRstR beng sworn, iestifed - saw him the
Monday alter this occurred his face bruised the
,ck OF III, head cut and his were also bruised
~ kne IN hun s,,. $40 his character is good very
durfioGs very knd 70 ms wie aud ismily he mas not
I'D temper good heard u ny violent temper
| )r havips any dihi Mites IA eon,slutnc,
| Cros-sramined. He ia Temperate man have seen
500 dIuk ma temper is calm enough when under the
| fhuence oi IL uor
Mr. wsss beng sworn testified when prisoner work
| ! wiih ME, ne was awsysveiy q 1T
Cross e1amind i am the owner Of those buildings in
Isk street think person sitting where Elijah But
/ was Couu see hptIIB put stoop, would
call him Incorporate man he could drink
ionilly.
| JoHr Youra being sworn, teshed-I know prisoner
y.vry ears never found him intoxicated, he Is n very
| udusrious man.
MIR Hsp.Hsos recalled by the prisoners coupsel,
once ham IN violent alteration with saoher party
1nt don't know Who ~ fault.
Mr.. Moassos recalled Never heard Of his being Of
| llafTelton. disposition. he 10 an industrious man
The testimony here closed
Mir. wGrr,sa briefly summed up. detailing the general
rscter 81 the row. which originated the
fiction oil the wound which fatally resulted IN the
a'h ofthe deceased contendng that was jus liable
| lomicde
l MIR. PAr.Rsos replied, commenting upon the three
inc' branches Of the case In which appeared from
evidence there wer. tire. distinct rows
Afer some brief argument,
| Mr.. Patterson summed up, conhnipg himself 10 the
technical points in relation 10 The character Of the
smiciie.
/ W HI1Isc hri. plied. when