The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-24
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him; the prisoner said very we'll but put question
to him there subsequent examination by the Co
roner when Mr. Darr the prisoners counsel was pre-
sent and crossexamined Kmp and the other witnesses
n b. MoNrroap. examined -Reduced the deposition
produced, to writing; il is precisely in the
state that it then had conversation with the
deceased previous to his death when the question
put to him by Justice Roome relative TO his situation
heard him say In substance that he could not
he told so by the physician; he was perfectly sane
the time the pantaoons produced the panta
looms mentioned in the deposition, and exhibited
the time of taking it.
ante norton examination the prisoner and his coun
sci present the deposition was again read over
and Kimp re-sworn and crosscxamiped by Mr. Darf
at great length the deposition now produced II the one
taken there were other persons sworn at the time and
cross-examned by Mr. Darr
The deposition taken n the norton examination
read, and confirmed the testimony Of Mrs Kimp.
The testimony OF Justice Roome and others attached to
the police, given IN. The pantaoons worn by the
deceased al the tme and the pantaoon and shirt
worn by the prisoner exhibited to the Jury. The
pantaloons had cut made by knife the prisoners
had blood the right sleeve and breast. the shirt
also had blood on the breast and the psntaioons had
Police officer PrRnisE testified that he arrested the pri-
at his own house his wife to the door, and
in answer to ha inquiry, said her husband was within
when Perrine went ill., he fouad Harper engaged in
washing the blosd of his face there appeared to be
mark over his eye, and his face bloody took him
to Kimps house prisoner looked at the wound and
turned round aud said he must have something drink
going to the station house at Jefferson Market the
prisoner replied there old grudge between them.
j. C. AspERsoS sworn-Is SUPERINTENDENT Of the out
door poor knew the late John George Kmp was at
his house the night he stabbed, and remained there
all night when witness first went in, there mixed
after witness went in Eastwood there and rode his
black horse into the bar Mr. Kimp several times
requested him to take his horse outside the door, and he
did thinks he in with the horse three times
saw Harper there he came in company with East
wood Kimp was eating some oysters at the time !;
Eastwood asked witness il he wished to hear good
song Harper could sing il. witness said 1t was
late and it was time for them all TO so home. East
wood, however, insisted upon having the song
and Harper sung three. Eastwood drove in
his horse again. and Kinp demonstrated and said he
Of but he should not be in the bar the horse
then taken out and shortly after witness heard Kmp
say Bill Harper why do you strike me % Witness
this tine in the back and got up and out,
and Kmp and Harper, and two three others, go
out towards the stoop kmp returned and he said he
wished such people would never come to his house In
about fifteen twenty minutes kmp and his wife went
out TO close the window shutters Mrs KIM immedi-
ately ned, and said that George sta obed he
then and found Kimp the side walk and ask
ed him who done it; he said, Bill Harper aud asked
by and Kimp recognized him. and said there is the
dam scoundrel that done it; let me fall and follow him
him witness then took Kmp into the house and went
for physician The witness was cross examined at great
length, but nothing to shake his direct testimony
elected The for the prosecution closed with
the testimony of this witness
Mr. BsLcHER briefly opened for the defeuce. He did
not deny the killing of Kimp, but he said he would sat
s,actorly show to the court and jury that the prisoner
did il in has defence he would also show that the
deceased Of berculean strength, and was at
OF the aray rushing the prisoner and that
save himself from the deceased, he gave the stab.
which ended fatally Mr. Belcher continued at some
length to state the law applicable of the kind
under consideration and concluded, by insisting
that the Jury could not to other conclusion
than that il ustfable homicide chance medley.
JOHN Mason, examined for the Defence.-knew the de-
ceased knew his house; knows the prisoner; him
the night of the 25th of October last standing
Kimps stoop in the Sd avenue; did not Kimp there
spoke to Harper; Mr.. and Mrs Kimp from the
of the house; Mrs Kimp said to her husband,
that's the now, you ought to lick him-and ii you
don't you ought to be licked ,urself." Kmp then
Harper; Mrs Kimp catched him by the hair
of the head and dragged HIM backwar on the side
walk; kimp then boat him while he down Shortly
after Kimp went on the stoop and said he was sabbed
Harper then lying the walk; he afterwards ran
up III avenue followed by Mrs. Kimp and Eastwood,
WIN brought him back.
CrosseIamined-Is a block and pump maker; does not
work regularly it, has not done any thing for the last
three months; had little falling out with his boss; might
go work ii he liked; has property but what he
earns by his daily labor; knows Harper for long while;
went to him in prison, because he knew him: pri'
soners lawyer called on witness and had converse
ton wi him. The remainder of the examina ion
of Importance After it finished, the court
adjourned to half past 10 O'Clock this morning.
In the sitting Of the court yesterday morning. the Dis
trict Attorney handed up the Commercial .1dssrser to
the court and called the attention Of Judge Edmonds to
article that paper. After private converse
ton between them, the matter dropped The Judge
to subject animadverng with great severity on the
article in that paper calc to mislead the public
mind and in to Illustrate the ends OF pub
/ lie Justice