The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-25
Court or Over and Termlner.

Head Junior the entire Of the evening Of the 25th Oco
night; does not know whether Hatchly and Nesbit vino
with them, drank any thing there's nor does know
what induced him TO go up the avenue that evening.
JOHN NGssiTr, Examined By Darr-Knew John George
Kimp; in his house several times; Har-
per before that night was on the oop Of Kmps house
came down the Avenue on the side Of Kimp's house;
they stopped on the stoop when they got to the door;
Kmp and Harper in scufie which all witness saw,
except that he saw person who he thinks was the pr
soner looking in at the window cannot tell whether it
was Kimp Harper struck first; witness about fi-
teen feefrom them; Mrs Kmp wos close by them, but
did not see hs' 40 anything k%p ana HI; s w
have been something said in Englsh witness did not
hear it, the first word he heard that Kimp said he
was stabbed and Harper ran up the Avenues Mrs Kimp
and Eastwood ran up and catched him, when they
brought him back his face covered with blood does
not know what they done with him after; did not
him after until he him in Court Monday last.
Cross euomned by the DIsrRIcT ArToRSEyls driver Of
evening" esc to s Bu Head with Mason and
Hatchly does not recollect that they took any refresh
ment there that evening except glass OF iemonade
Harper that evening; heard abusive insulting Ian
gusge made use Of by any of the parties.
there IS the man, To question by the courrKmp
was down on Harper before he cried out that he
stabbed to Dorr saw Kimp strike Harper before he said
he stabbed.
Examination resumed. Witnesses companions were
to Kimp than Witness sometimes they might be
between witness, kimp aud Harper.
Isaac A. HArcHLy ena,uined BY DARR.- Knew the de-
ceased knows the prisoner at the bar although he has
no particular acquaina &C with him was down the ave-
nue. that evening Mason Nesbtt, and several other
with him saw Harper that night at kimps; he was
looking in at the window Mr. and Mrs Kimp came from
round tn DINER at the time and kimp began fight
with Harper does not know any thing more but heard
Kimp say he was wounded saw Kimp strike Harper :;
point at the prisoner and say, there the man, and
told kimp to lick him kmp struck Harper in the face
Kmp say he was cut saw him take off his pantaoons
saw Harper on the Sunday following at Kimps his face
looked blue can't say there any blood his face
didn't him after until he was fetched into court
Mond ~ last.
Cross.eramined by The DIsrRrcr ArronSry.-Knows
time Of day with him was not there when any difficulty
took place between Harper and Kmp; is segar maker
and works all the time he is at work; was at the
Bulls Head, Junior that night; does remember that
he drank any thing there but general rule he drinks
ss what
does not know there was any thing of clnch between
Harper and Kimp Except that Kmp took Harper by the
not any thing his hand; in few minutes after, he
heard Kmp cry out that he was stabbed; saw Kmp
strike Harper before and after the latter had his
round his waist; resistance made by Harper.
Witness did not interfere during the scuiie saw the
wounded no assistance saw Harper so to the other
side and walk off witness did not assist in arresng the
prisoner; did not Mrs Kimp touch the prisoner
interfere in the scuffie at all.
WAsnrNGroN GIBSON, examined BY DARR.-Lived at
Kimps in slst street. Sd avenue, in October last was
there bar boys was in the back that evening
part OF the tme and part of the time in the bar room
Harper there about O'Clock in the evenings he
was singing the most of the evening, when the horse
came in, and Kmp ordered him out; think Harper
jumped up and struck Mr.. Kimp thinks Kimp follow ed
hin out and afterwards in and went into the ack
room; Mrs kimp in the bar at the time; he
raid, George Kmp there is that damned Irish bugar
looking in at the window round at the side door and
lick him like hell" She gave him about time to go round
the corner anttten she went out the bar room door;
next heard herhalloo out that Kmp was stabbed Kimp
back he looked if he cut the eye; his face
was bloody; he seemed to be frghtened after staying
some time in the bar room, ne got ~ and went homes
him the next day Sunday; did not take much no
tee of him; saw him again on Monday; did not take
much notice of him.
Crsss-eranlined By tie DISTRICT ATTORNEY. Lives
at the Bulls Head Junior; had with
any body as to what he could swear no person has
called on him the subject did not hear Mrs Kimp tell
her husband 60 out and shut the window shutters
did not hear her say she afraid the windows would
be broken; saw no one out side the windows but Har-
per there was no no Sc there that witness heard is
that Mrs Kimp used the exact language that wit
ness has expressed has repeated the words OF Mrs kmp
member to whom does not remember to have
with any the subject with week cannot tell
often he talked about he has not been told what
should say this trial The witness upon being fur
Their said he dd not know his age that
could read write did he know the nature
OATH what would become of him after his death;
did he get any religious instruction. nor did he
know what would become Of him after DEATH if he told
lies in giving his testimony here to-day.
The DrsrRIcT ArronNEv moved to stke out the tes
mony of the Witness upon the ground OF his gross gno
rance and want OF religious instruction
The JUDGE said that doubt the unfortunate boy
melancholy specimen Of humanity, and he believed
the jury were very capable Of discriminating between
his testimony and the testimony of respectable educa
ted witness that 1t would be scarcely necessary for
the Court to call their attention to IT. but all events
would feel il his duty to do so, and caution them in
giving any more creaence to than it was worth ne
would, therefore let it stand for the present.,
The DIsTRIcT ATTORNEY expressed himself satisfied.
NICHOLAS b. ROGERS Examined by DARr.-Keeps an
oyster house knew the deceased knows the prisoner
the evening of the 25th DC ober last Anderson
Eastwood Kendrick and the last witness, were in the
SO, wss ae
said Kmp there there is that damned ITshman looking
into the window y she then desired him to get up
and 60 it, and lick him right ahead he started to
get up in rage. and she ordered him to go round
out as she desired him she went out through the
bar about the same tme she returned in about two mi
nutes and said her husband was stabbed started 90
to the door, and met Kimp his pantaloons were unbut
toned, and witness saw his inesnes protruding wit
remained until he was sent for Mrs kimps mothers
he returned with the old woman and Mrs Kimp's two
brothers in his wagon and remained there all night
Harper after witness returned; his face was boody
heard Harper say that he had killed kimp; knows
Mrs Kmp; knew her before she married does not
know her general character than what has been
said about her by other peoples would believe her under
OATH
Cross.eronined-- the horse in the bar room;
Mrs. Kmp have hold OF Harper; she went to the door
with him, and he went away of his own accord; witness
went to the back and was making oyster stew
for kmp and Anderson, when Mrs kimp came in and
made of the language witness has already detailed
IN his direct examinations; Kmp, Anderson, Kendrick,
O'Neill and the boy Gibson there; had difficulty
with Kimp last June in his house there were others I'M
pcated and Kimp had them all arrested; had CONVEX
saton with the boy Gibson yesterday; asked him he
remembered what Mrs Kimp said when she came into
the back ROOM does not know but what he might re-
collect hat occurred four months ago better than wha
occurred few hours ago. his difficulty with Kimp was
in regard to bet witness had with him about unsound
horses witness asked him what he kmp ended to do
about the bet; Kimp threw tumbler at witnesses head
and Mrs Kimp at him with the pick AXE Kimp got
out warrant for witness and four five others; wit
ness and kimp were afterwards reconciled.
George w. KErpRIcK, Examined BY the DsTRIcT Ar
ronNEY.-Resides in Philadelphia was at Kimps the
night of the 25th of October last did not Harper
there when he in first looked into the and
saw Kimp, Anderson, ONe and others there; Eastwood
came shortly after, and drove his horse in and asked
mem 70 take drink they all went INTO the back room
Kimp said would not do to leave him there and
he taken out; they had two three drinks more
to this time did not Harper the horse again
brought in, and they had two or three drinks more ;