The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-09-30

tin for song, had sung, he would sing at this time
was shut; there IL window each side Of the door,
the fssh-s were down. and the curtains we're the
nside ofthe psnes of glass in the door broken
could the draft draw the curtain through; some
person asked Anstin to drink; there wee half dozen
persons in the basement; think it was man that
drink; they kept ipsistipg upon him to drink then
went to the house where Nesbt and the other
come ont; he refused told him he could stay in;
then went to Shes house, they appeared to be using
harsh words in the cellar at this time Mr. Nebt
up to the cellar told him to stop and iisten some
person opened the curtain and looked through the
broker pane; then some in the basement said,
"Go out by the back way and put up the shutters;n
the base door was opened by person. think
It was Mr.. Austin; Mr. Nesbit then went into the
basement; person in the basement shut the door,
they then commenced singing again ] then heard
some person inside make the remark to have another
drink heard Austin distinctly refuse to drink the
door was on jar; Nesbt had his hand on 1t open.
they were going to do with that knife; did not
see the knife; at this time saw man behind
the bar with tumbler in his hand, just raising it;
he fired it; the tumbler struck on the edge OF the
door and broke in pieces at this time those inside
were talking rather roughly; some person then threw
o bottle decapter am not certain which, the bottle
throw rom behind the counter towards the door,
the door at this time was thrown wide open, by Mes
bit Nesbt stood at side of the door and Austin
on the otber was on the upper steps or the
into the cellar Austin said What is all this for what
is 1t about? with that some Of the men used the ex-
preston, "close quarters" or cose in;' with that all
the lights went dead out all of q sudden; Austin then
outside of the door and stood by the door, about
or feet from ne Nesbit came out before Austin,
and went upon the sidewalk heard Of no window
papes being broken; after the decanter thrown.
two tumbers thrown after the lights put
out tive tumblers were thrown one Of them struck
the ceiling; heard it fall on the floor; after the lights
were put out, Austin and myself remained out
came out Of the basement and struck Austin
the leg with chair; he struck at him by throw
ing the chair Sideways after Austin was struck,
in about half minute, nearly minute,
heard the report of pistol; there were two reports
heard it the second time the man with the red shirt
out in front of the door and said that
shot killed. when heard the report of the pistol
Austin was sta ndng in the same place. on the step
next to the top one; below me- was standing on the
ktep after hearing the report Of the pistol step
ped to side did not know where the report came
from the report from the street; was standing
the part of the stoop towards Church street, Austin
on the opposite side; after the first shot fred
stepped 10 side; in about half minute the other
shot was fired; then came back TO nearly Opposite
way alter the second shot fired; did not see the
flash OF the pistol; there were no other persons
the sidewalk except Austin aud myself that
know .of; Austin about three feet from me,
and little in front Of me- had full view of him.
then went towards The station house and met two of
the officers coming towards Sheas house; requested
them to get light and come and look some person
was shot; l do not know where Austin was at this
time after the officers collected at Sheas house saw
Nesbt then; stopped among the crowd for time,
and then went home saw blood on Austns cheek
when he out Of the cellar before he was struck on
the leg he said nothing to me about being hurt have
not Austin since did not go into the basement
to the that killed none of the inmates of
the basemt up area; the only that
saw come out of the basement the man with the
red shirt on; did not notice whether Austin had
hat on or not he ore a white hat in the evening;
believe that neither of the others of party had
white hat this fracas took place between and 10
in the evening; the lamps in the street were ghted
at Shea's cellar 10 or 10 minutes before the
pistol fired; did not the tumbler or
decanter strike any person; | stood outside all
Ss on ss% S of tn pistol %1s. f.
after hearing the report looked around to where
the pistol fired from; did not pistol in the
poss ession of either of our party; have never seen
pistol in the possession of either Austin Nesbit at
the time the pistol discharged had full view OF
Aust tin and would be nabled to see whether he fired
it, there was considerable noise in the basement Mt
the time the pistol was fired; noticed no blood on
Austin, except what his cheek did not notice
any blood Nesbit; the bottle was thrown towards
where Austin was standings Austin had chair in his
hands raised up; supposed that . bottle struck
soft and might have struck Austin by his
making the remark What is all this for?' do not
know that Austin was hurt at ALL there was blood
his cheek IL all dark in the basement at the time
'~fr'D0 '-'''' - " JAMES NC GowAN.
JAMES NEsRr residing at "a Pel street. being sworn
rays that last evening was in company with Mr.
Austin, Mir. MCGOWAN, and Mr.. George Smith; Smith
and left the party when in front of woedrde's
in Leonard street for the purpose of going into Miss
Hastings houses We went in. and remained there ten
or fifteen minutes We both came out; after M Gowan
came and told us that Austin down in that
cellar pointing to the place, and that there q
party going to lick him; went into the basement;
tnere were Two or slttnS chairs or benches
talking to Austin, apparently abusing him; man
behind the counter when entered, said to me, "What
do you want?n while asking me what wanted, drew
aknife up from behind the counter; when he drew
the knife asked what he going to do with the
knife; he then caught up tumber decanter
threwit ran out; they then comme enerai
fight, and apparent mounted Austin; heard Austin
say Keep away, that he did not want to hurt them
or TO be hurt hmself at this time Austin appeared be
backing toward the basement door; the crowd that
was in the cellar apparently held Austin; I did
not Smith after he left Miss Hastings houses after
walk, and was there minute, when heard the report
Of a pistol; cannot say where MCGOWAN at the
the act OF backing out of the cellar when the pistol
was discharged; there were two discharges from the
pistol did not any ha,h from the pistol thought
the report from the street. from behind when
the police came to the house went in with them, and
saw the deceased lying on the floor person was
the pistol was fred | do not think could tell the
man if should sec him who had the knife all the In
lights in the basement at the time the pistol was fred
the lights out instantly after the pistol fred
myself but say whether they were the persons
In company with me or not; these persons be-
hind me- was standing directly in front of the door
leading into the Easements neither of our party had
pistol that knew Of; never MIR. Austin or MIR.
MeGowan have pistol; did not notice that Austin
pistol came from after the pistol was fired the second
time, there was rush towards the basement door;
think that Austin wore white hat did not see
austin cOMe up lne steps; QlQ not see MIN AT all
after the pistol was fred did not see Austin struck
with q chair JAMES NFSBIT
GEORGE c. Smith, residing at No. 337 Bowery, being
swoi n says that was in company with Mr.. Austin,
Nesbit, nd McGowan, last evening; Nes0it and my
self left them and went into Miss Hastings; we we're
there few moments and out; crosse the street.
and while there this fight in the basement took place
got part Of the way the street. towards Shea
bouse, and heard the report of pistol; there were
two reports; saw Austin just above Miss Hastings
house; did not him come out of che baseme ut;
he was coming from the direction of Shea's house;
Austin eaid II do not know what this thought
he was shot blood running pretty freely from
biz face when heard the report Of the pistol thought
1t came from Sheas house; am not very certain;
Austin and myself came into the station house; |
brought him to have his wounds dressed Austin said
that they had tried to kill him, and that he had been
struck with a decsnter, and stabbed with an ice
about being struck with . chair he said |
nothing to who fred the pistol, that any person
but himself was injured; he said that he backed
up sgainst the door, trying to get out when he was
struck with the decanter and that he xaa st ahhed