The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-24

Court OF Oyer and Terminer.
Before Judge Edmonds, Aldermen yan,ine and Brady
Dgc. 23.-After the Court organised this morn.
ing, Judge Edmonds briefly charged the Grand Jury.
His Honor said the law required that he should charge
committed in the community. These were the usury
laws election laws the sale Of lottery tickets, and the
were brought under their consideration, it would be
their duty to pass upon them. He told them that a |
Grand Jury were in session in the Court of Gene
raj Sessions aud those and other offences already
brought under their notice. that il scarcely
cessary for him to make any remark to them the sub
ect. An offence however, had been committed since
that jury were sworn, which it their duty
mine and il only necessary for him to call their at
tentIon to that offence. He not however appraised
of the facts OF that but they would be laid before
the Jury by the District Attorney and il they wished
any advice ON that OF any other matter that
following the OF the Grand Jury James
Van Nostrand, foreman Thos. NJ Brewer Robert Buck
am, l. = Benedict, James Gushing, Philip EmDry. Err
nest Fink, Abraham Thornton Edward Ferris, Wood
Gileson John A. Harriott Peter Hanley Joseph jane
Odell Lockwood, Elias r. Mooney Daniel MARITIME,
William Renwick, John Nj. Seaman, Stephen skidmore,
John p. Truesdel, and Charles Waylett.
Trial Of Wiiiam Harper for MDder.-The prisoner,
who il of about 20 81 years OF age, middle
sze with solid vacant counenance, of the lower or
der was arragned and pleaded not guilty The clerk;
Mr. Vandervoort read the indictment containing several
counts each varying slightly roufs the other charging
the prisoner with having the 25th of October last in
3ls street. in the 18th ward Of the city of New York.
stabbed John George Kmp in the side with knife of
which wound ne died the 30eh day OF the same month
A jury then sworn, without much difficulty, and
the prosecution. He said that George kimp. the de-
ceased proprietor Of public house on the corner
of the Sd Avenue and 3st street On the evening of
the 25th October entered the barroom on horse
back, and was demonstrated with by Mr. Kemp, after
which he retiredhe returned after and rode into
the bar again, followed by the prisoner The deceased
again demonstrated with him. and while doing So kmp
struck violent blow on the temple which Knocked
him down; he then got and was again struck on the
breast by the prisoner who outside the door; mp
followed him out and he then stabbed him witha knife
in the lower part of the belly, of which he died,
The afterwards made
cape up the avenue but arrested and brought back
he subsequently made his escape and was the
next day concealed in cd house 33d street Mr..
Phillips then went to sag that the prisoner had been
heard time before to say that he would have the
life of the Dutchman (meanng the prisoncr before the
end of the week
Mr. ANDERSON, the superintendent Of the Aims house
the first witness called for the prosecution but did
not answer and the District Attorney applied for
tachment against him, which was granted
Mrs ANNE KIMr examined by the disrict attorney
Was the wife of the decea ed resided at the of
3lst street and Sd Avenues went to reside there bout
two three ks before Mr.. Kmp's death; Kept pcr
ter house; her husband ship smith; had shop In
Rector street; the in Sd Avenue three story
house; there bar room and back room on the
ground foor there two glass windows on the Sd
sory when Eastwood first rode his horse into the bar
Mr.. Kimp demonstrated ard desired him 10 take his
horse away Eastwood then went away and came back
half an hour again rode into the bar and said his
horse circus horse Mr.. Harp came back
with him, and Eastwood abused Kimp aud said
that his horse he should be, and
would lick any that would touch his horses he then
took of his soirt to fight kmp Mr. kimp said he did
not a fighting man. Harper was setting on chair
and got up and struck kmp the temple, and ran out
the door him again in about twenty minutes; until
saw him again my husband did not leave the back
room, where he was sitting with Mr.. kendiick and Mr.
Anderson the first thing that attracted my attention al
forwards, was, heard noise outside the windows
looked out, and saw the prisoner there were others
with him thought from having seen SO many outside
they would break the windows and went to the door OF
the back and told my husband to go out and shut
them he then went out TO shut the shutters and W.T.
followed right behind him when Kinp after going
on toOk hOl of Harper
breast aud in about three minutes after they were cnch
ed Kimp called out to Witness and SAID ne was ssooed
there were blows passed during the time they were
clinched my husband standing up at the tIme he
told me he was stabbed, and SO was Harper Harper
had my husband clnched round the waist at the time
witness motion of Harper's when her hus.
band stabbed after Harper had stabbed my hus-
site asked Kmp what he was Tor; my husband IN
said what would he do to man that would ride
and showed the wound, from which his bowels protru-
ded. Mr. Anderson the first hat came to her nus
bands assistance after no was stabbed at this time,
Harper had run up the avenue; run after him with
Eastwood, who went with me they caught him about
or blocks up the avenue and brought, him back j
when returned | found my husband in the hands Of
doctor Harper afterwards escaped, and witness again
with two three police officers followed and arrested
him at his own house it was between ii and IL O'Clock
when witnesses husband went out to shut the windows
Harper had not been in the house from June to the
night Of the a5th October, when my husband was stab
bed there difficulty between a parcel OF
Harper was there, and he then said that before
life, meaning my husband; the day after Harper came
to the house and wanted liquor and witness would not
give it prisoner then abused me- called my hus.
band, VINO ordered him out and Harper again said he
would have my husbands life before fortnight.
Cross.sramined-Was married in Broome street; her
husband ship smith, she hadn't lived IN the house,
at the time of her husbands DEATH than fortnight
they lived there before from the month of February
to the month of July when they left and went to Har
lem They returned there from Harlem about weeks
before her husband stabbed. Is well acquainted
with Easwood; the first time he that night he
he Me his horsa into he In
examination of the witness here for
the prosecution reserving the right to recall her
DR.. BUsrEAp-Knew John Geo. Kimp was called IN
TO him the night of the 25th October; he ly
ing on his back in the rcom in state Of collapse from
wound in the left side of the abdomen; was an inch
and quarter externally and passed about the dis
lance obiquely into the cavity OF the abdomen the in
and ordered him to be kept STILL saw him next morning;
pretty much in the same state it was very dan
gerous wound. Saw him the evening previousto his
death he then past recovery was present al the
post norton examination. and think that the wound
the cause of his DEATH We minated to him, the
day before his DEATH that the wound such as ne was
not likely to from. At the time Kimps exami-
nation taken he perfectly nationals it was TAX
en- Sunday morning. Witness told him tine Satnr-
day night previous that he was dangerously ILL.,
CrosssTamined. Witness gave direction to Keep the
patient very still and in particular position wit
ness thinks his directions not complied with when
ne next him he sitting up and the bandages par
TALLY loosened from those circumstances he thinks his
produced by internal hemorrhage has seen worse
cured reaction took place two or three days
after the wound given there was possibility OF his
recovery but the chances against him there was
no considerable external bleeding there might be little
external oozing of the blood.
Direct eramination resumedNade the post mottem en-
animation with Dr. Cooper he died from sranguation
of the ntestines although they were not wounded but
wound in the abdomen is always dangerous
At this stage of the proceedings the court took recess
until halfpast O'Clock.
EVENING SESSION.
Characterization Of Mrs. Rimp resumed-Her house
the south westerly side Of the avenue; the door
opening the street the bar; when said we
kept public house, meant that kept dodgers and
sold liquor no dodgers in the house at he times
was bar when Eastwood rode into the bar room;
the color of the rode black he not
the house Def that evenings there with
him at the time after he came In he got on the horses
back and drank the barr he did not treat any eise
my husband ordered the horse out he then went away
and back in half hours Kenrick and Harper
back with him the second time when he first came
and ALT. no again gave the horse cut of the whip 10
make m show his points-the second time there was
treating beta the persons then In the bar and Har