The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-16

Al did not take particular notice.
,Q.-Csnnot you rsoolsot whether he appeared to be
alarmed
Al never saw him before, and cannot say.
Q-What became of him after'
Ale went up and stood In front Of the door
Odd he 60 down AGAIN.
A.-No; after Matthews and came up, Palmer went
Q-Where was he standing when you came up!
Ale stood right in front of the door; did not take
notice of his manner; think said to Palmer that the
deceased might have killed himself, or committed
suicide
Q--what did he say in answer
Al think he said 1t might be so but won't be Ger
tain.
Q-Did he turn directly and 20 to the Station House,
A-Mstthews and Rue were looking round tho place
looking to see II they could find anything made the
remark when they came up that he could not have
shot himself, should have heard it, after which
Palmer turned and went off, he came back again, aud
him backwards and forwards in the course OF the
Did you see him in tho basement afterwards?
Al don't think did
Odd YOU wh.u YOU went down, take notice of the
Al did not, except that he was lying on his back,
aud the blood aurglipg feom his moutfI ssnnot say
am unable to tell the situAtiop OF tbs room saw the
roa bar living by the body did not take notice of the
turned and went away; hsre considerable blood on
the floor and partition.
Odd you any other young uasn there?
A-There WAS a young man by tbs name Of Greene
there, helping round
Q-what was the last time yeu saw Grssns there9
Al cannot exactly; SOW him backward aud
forward there busting about, trimming lamps, SO
Q-Bya Juror-Did any one pass through witnesses
store from the time you opened 1t until you heard OF
A-Only Mr. Barnes, Mr. Mathews, ana the prisoner.
never had any difficulty With the prisoner
at AZ Ann street. last October he assistant to Mr.
Barnes knows prisoners saw him tho morning of the
murder; ssw him on that morning in William street,
between Beekmsn and Anu streets rather to Ann
than Beekman hs walking towards the latter street
slowly looking down his face partially turned from
witness ana inciping towards his right side witness
passed and went AZ Ann street, stood AT tbs door
the basement and return; he then passed. wpess went
into the store, Mr. Hoogin, tho clerk they both
towards witness and spoke to hira Hoogin stated
that Neil lying dead down stairs that he had com
United suicide, something to that eot witness im-
m.d t.y down stairs whom he got ave or six steps
down saw Nels legs in the BASEMENT witne sent to
the back and saw the body, 80; cannot tail the
situation Of the room.
From the time you prisoneri in William street
until you the body. what time elapsed?
About four five minutes; the prisoner was
dressed In blue round about jacket grey pantaoops
and cap; it about thirtyfgs minutes past nine
o.~Do you know Of any difficulty arising out of the
prison ers conduct in which MIR Nsill involved?
Al do sir; Mr. Mil was arrested Ia action Of
trespsss on account OF toe prsoaer.
Q-De you snow OF chsrse against prisone, in
spect to which Neili was arrested!
bjsctsd to, on the ground that this was raising a
collateral issue tending to prsudios the defence OF the
accused, and if admitted, would not be- relevant;
there foundation laid for it, ad 1t only offered
to give District Attorney an opportunity to sustain
his theory ia relation to the murdsr of NELL.
Judge EDWARDS decided in favor Of the objection but
his decision was oyerrusd by the other members
the Court. The questions ware then allowed to be put
After the testimony in Mr. Graham moved to strike
it out the ground that although it was now ous, 1t
amounted nothing
Alderman MEsrnoLE vas about 20 make soms remarks,
when the District Attorney requested him not to decide
until he oncrsd some reasons for retaining 1t
The DIsrRIcr ATTORNEY said he would connect the
facts to with the testimony OF the next wit
Alderman MEsxRoLE eaid as r member OF the court,
ne sAw re svansy in the testimony aud he was Of
opinion that 1t should be stricken out 1t was than
dsred to he stricken out.
CrOss-eIdmtfed.-When | net prisoner IN william
street, did not observe any bundle undsr his arm
FREpeRIck BARNES examined Place OF business is
Ia Ann stre-t; knows prisoner saw him In WITNESSES
store about quarter past nine o'clock when witness
in prisoner walked out and saw him lettering
the side wek, and shout the store door, next him
cake sgu down towards Gold street; this in the
neigh borhuod of rhine O'Clock few minutes after |
went and Jailed tn. prisoner into Neis basement toek
him there to give h, drsctions TO paint two three
standing cnsks that had there gave him the nscss-
sary dirsctsns and asked him wha time he would have
them done, wanted them INN sdiatsly he told
Neiii came in he would mix the paint, and that
should have them that day then came out Of the
basement and went tc ~ Anu rast, the
way was there about ten minutes left rhsre, went
into the and there fifteen twenty mautss;
rs was returning of the basea, mt door the
or laborer told that msn had shot himSef in the
basement witness went down to where Neil rs Do
go dcwn the foot otths stairs he Neis lying
directly across the doors he lying ais back st the
time his facs ooversd With blood and breathing very
hard; polio, officers had him in charge, and witness
came away
Q-was the direction given for Tbs casks before or
after he passed with tn, sign?
- sAnnot Tx the time when Ia took the sgn,
whether Il bsfors after he took the oasks think
it was about nine O'Clock
Q.-Had you any conversation with the deceased In
regard the transeoteus ~ which the prisoner
was present! Objected to snd bj,ction allowed.
Cross epsmined by GRAHAM.-When you went to the
basement, aud sew NeilS body, where did the easel
Al don't know; only looked ut Neill think if
the easel had stood over his head should have noticed
Q.-Yos stats the nrst you of the prisoner that
morning, was about quarter past O'Clock Did
you him go into the basement durtng that trne'
Al did not, only when he went down With myself
@ Did you miss him from the side walk when you
were in the store passiBg Ia or out
Al nnot say whether did or not
How long after you saw MIN frat that morning
did you q him psss with the sign
Al cannot tell; it WAS 10 the neghborhood OF nine
O'Clock. | don't remember whether saw him up
cut of the cellar with the sign or not
Odd you see him return with ths siga
SAMUEL BsEvooRr examined Resides at 1l3 Green
wioa street Witness appointed appraiser by the
surrogate. witnsss made particular search of Nsips
premises; he found the bam@sr nov produced, under
Che long desk found u at tho exe end OF the losg
desk and by the side Of the upright desk also found
portion OF shirt around jacket aad soma pspsrr in
tho place This search made fortnigh. after
the murder but saw the piacs ssoIs scout two hours
after the murder.
o.-was the sign produced there whom you hrst
saw it,
At was plso,d on the easel standing tho hsad
of Mill tne shutters and oas OF tho windows wsrs
raised the glass door leading to shs back room was
Q-At the tim you found the hammer, washer any
hing on III
A-Ys., sir th-r. was blood upon II, and a small
OF blood the paper which lay the blood
on the hammer, 1t then appeared, presented very
much the appearance that 1t does nov | also found
three hairs upon It,
Q-DId you REQ tbs iron bar the hrst day :
Yes sir 1.-THE with here described the situation
of the basement in which the body found the same
tina other witnesses described IL
Odd you any paper there that morning
Al did | saw thu mornin. Herald there II was
open and lying under the desk hsvs the paper still
saw the chair pro iuc@d there; | know It was
broken beors tbs OF the murder but the in
dentation not Ia !. before.
Here the Court took recess until o'clock
EVENING SESSION.
ARCHIBALD Roll examined by District Attorney
was in Ann street from until II O'Clock the morning
of the murder about twenty minutes before 10 O'Clock
Yves the basement door, when he heard Of the
der; some person came up and told hm; witness went
naNaL-