The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-01


that said She's came to his death BY wound caused
by . ball. fired from pistol in the hands Of John s.
Henry Brewster Samuel Joyce
c. C. Simpson Ebsneser Thorne
James s. conovsr William T. Gsdnsy
Samuel b. Sutton I-.L i. ttgt
The following gentlemen on the jury opposed the
Orlando Warren j. Coles j. P. Cassiday.n
This division, ofcourse. made 1t necessary that new
jury be summoned and the whole proceedings be gone
over which is now in course of prosecution.
The Second Inquest.
In this case, On which gave the testimony taken
before the Coroner in yesterdays Herod) and which
was submitted to the jury, who afterfemaining cut
all night and being unable agree upon verdict,
schsrged from the further consideration Of the
question, yesterday morning The Coroner, forth
two O'Clock the following gentlemen
in order to investigate this fatal affair again :Lese
kiah Beech; 26l Sd Avenue; VIM. Hnk Az 80 Avenue;
Baxter, 355 Sd Avenue; George +. Conklin, a. Gath
street. Joseph Scudder la Sd Avenue; Joshua Mead,
Baker, 1853 Sd Avenue; stephen r.. Pinkney, $40
Bowery Albert Albro, $40 Bowery; Jacob Weeks,
Jr., 5S Sd street; Richard Freed 1877 Sd Avenue.
The former testimony taken before the first jury
read to this jury in the presence Of the witnesses with
addition al evidence adduced. which we give below.
ADDITIONAL TESTIMONY IN THE CASE OF THE DEATH
OF TIMOTHY SHEA.
JAMES MCGOWAN, residing 1855 Walker street, being
sworn says, that the testimony given by me before
the coroner yesterday is true in evsry
JAMES NEsBIr, residing "a Pen street being sworn,
says, that the testimony given by me before the
JAMES NESBIT.
PETER ROBINSON, being sworn, says that the testi-
mony given by me before the coroner yesterday, is
true in every particular ! do not know which way
the man went that fred the pistol. his
PETER X ROBINSON.
PATRICK SHEA, residing So Leonard street. being
sworn that the testimony given by me before the
man with the white hat struck my brother before
struck him with pitcher. The man that ! struck
with the pitcher outside Of the house at the time
PATRICK x SHEA.
JOHN SHEA, residing at Sc Leonard street, being
sworn says that the testimony given by before the
coroner yesterday, is true in every particular; and
when the pistol fred the man now arrested was
the man that had on the white hat he had blood on
in front Of the door, on the walk the man that
recognized the night Of the muss, that in the sta
ton house the that at my house, and had
striped and white hat, the that fred
the pistol; have heard since, his called Austin
the coat light in color, and striped the stripes
were of different colors; could identity the man at
~ '''' JOHN K SHEA
CLARA KING residing at No l Leonard street, being
sworn says that the testimony given by yesterday,
before the coroner is true in every particular the
coming towards him Iheard noise in the basement
before got to Shea's house stoprsd to listen
the man with the white hat come out and fire the ps-
toll CLARA KING.
JOSEPH KErrE residing at No 8 Goerck street. being
sworn says that the testimony given by before the
coroner Yesterday is true in every particular did
not see any blood on the pistol. JOSEPH KEEFE.
ANN ArpEnsor, living 70 Franklin street. being
sworn that the testimony given by me before the
coroner yesterday, is true in every particular.
ANN = ANDERSON.
mark
DR.. JAMES KENNEDY residing at 1856 Duane street,
being Gays that he was present at the post NOR
tenn examination of the deceased concur entirely
with the testimony given by DR. Holiness before the
oner's jury yesterday am Of the opinion that the
sharp instrument; do not think that the wounds
could be inflicted with a pitcher or decanter; the
wound on the right side of the mouth was cut clear
Gnonor &c c. SMITH, residing at as7 Bowsry, being
that the testimony given by me before the
into Miss Hastipgs house to win a bet.
JOHN G. FOWLER, being sworn, says THAT the tes-
timony given by before the Coroner yesterday, is
true in every particular the police were rappng
quite loud when the man passed me; G. FOWLER
WALTER ADAMS, residing at No. "a Thomas street,
being orp says That the night of the ARRAY at
Church and Leonard street, the report of pistol first
attra cted my attention; when heard the second
that was shot, and the old his father; did not
see Austn or Nesbit; the old man pulling on his
pantsoops he said that he had been awakened out of
WILLIAM ADAMS, Alderman of the Fifth Ward, being
sworn, says:-On Thursday evening | was sent for,
and told to come the station house, that there
man shot; coming to the station house stopped
at Mr. Shea and told the police to take charge Of the
the deceased be was front Of the place,
on the hearth the head Of the deceased lying on
pillow; presume the body had been moved; then
If could ind the pistol; then told the men to
anime outside in the street; while was examining
said that he had found the pistol then came to the
station house, and went to Mr. Smith, who Of
the prisoners and told him that wanted to search
told Mr.. Austin that wanted to speak to him. I
searched MIR Austin and found q pocket book PEN
side coat pocket, and took out stone. then told
him to be quiet; there was doctor Idressing his
pocket. then went back to Sheaa house the old
man. Shea told that there had been two discharges
from pistol. took candle and looked around the
the room, but could not discover any. thed asked
the old gentlemen he could identify the that
Shea to come along with me to the station house and
took him into the back room. He wrung his hands
and said, Alderman that the man. pointing to Mr.
Austin. Dr. Kennedy and MIR. Smith were in the room
then went back to the house. and soon returned to
the station house. Austin asked what the
that Austin could not be bailed, told Austin that
the charge murder and told him that did not
want to hear thing about the matter but for him
to get his counsel. | examined the pistol two bar
rels had discharged The stock and barrel Of the
pistol bloody. Four barrels were still loaded.
WILLIAM ADAMS
WILLIAM SMITH, residing at 10 Grand street being
sworn, says that he is turner at the night Of the
ARRAY at Sheas house at the grocery store OPP
posite the station house heard . noise on the
opposite side Of the way though some person was
6ghtipg started from the store and across the
street in . elantDg direction, towards Sheas house;
when got pretty nearly opposite the house, saw
man coming out backwards from Shea's basement
door with pistol in his right hand and shutter
in his left when he got outside he put his pis-
tol in his pocket and took hold of the shutter
hcth hand and held fha door It'll fha