The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-02
Court OF Oyer ana Terminsr.
Before Judge Hurlbut, and Aldermen Wood and

Court OF Oyer ana Terminsr.
Before Judge Hurlbut and Aldermen Wood and
Mullins.
TRIAL OF THOMAS A. WALKER FOR THE MURDER OF
MARTHA Z. WALKER.
FIFTH DAY.
JUNE THE Court met at the usual hour, when
JohN BUSTED was called to the stand.-Witness is
physician practising in this city residing in 9th street.
between I'd and Sd avenues recollects the day Mrs.
Walker was shot, called in to her at about half
past o'clock one Tuesday afternoon found her lying
In the centre Of the room on the floor on her back she
was in state Of collapse blood flowing from her chest
there was wound the right side Of the chest it
circular wound depressed to the left Of the shoulder
JOINT about an inch below the collar bone Drs Morrill,
ana warner were present at the tme witness intro
duced his finger to find the direction Of the ball. the ball
had entered the chest put compress the wound
gust roller OF cotton), put bandage on and raised
her up to put her on cot, and then found wound
the back, down below the shoulder blade, the
spine; she died on the following Wednesday evening;
witness made the post morton examination assisted by
Dr. Morrill, other physicians being present
MoRTEM.
THURSDAY, March 1st 1S49 made a post mortem ex-
Az on sne Doay Oh MRS Martha T. Waller at
right side Of the chest three quarters of inch in
diameter about an inch and half to the left Of the
coracoid process and about one inch below the clav
Gle or collar bone; in removing the integumcnts guam
tty OF blood was found extravasated in the cellular
tissue the pcctoralis major muscle was rent about
three nches and had the appearance OF being burnt
on removing the sternum breast bone, the right
lung was found collapsed and lacerated; about a
the chest the second rib was fractured about three
ana quarter inches from the sternum the third rib
fractured about tive and half inches from the ster-
mum; the ball passed between the second and third
ribs and through both obes of the right lung in an
obique direction downwards and backwards, aud pass
ca out OF the back between the seventh and eighth
ribs about enc and quarter inch to the right of
spine spnering the inferior edge of the seventh rib
the posterior wound about half an inch across
The distance through the chest from the anterior to
the posterior wound about nches the peura
on the right sight infamed few ounces of serum in
he hast Iaft lrpr h.o haart
healthy liver pale but heathy stomach healthy
famed about four ounces fluid; uterus healthy ntes
tines healthy Did not examine the brain; mea sured
about five feet four inches in height
Testimony continued The wound was the cause of
the DEATH found no ball in body; hard to say how the
pistol was fired; the direction the ball before it
oblique. =
Cross-eromned. MIR. Walker called witness in; met
him on the I'D avenue; he was in house and some
one pointed witness out as physician; the house he
was In was drug store; it was my brothers house;
my brother pointed me out to him. we went together
to the house; witness left the house to see patient
after having dressed the wound and returned again.
walker was there in custody, on witness first going
there; believes Walker left ut Mrs Wells request to
fetch Mrs. HILL both ribs fractured not splin-
tered; quite broken, not clipped
TO JurOr.--The second and third ribs are about an
inch apart; the obique direction of the ball would
cause both ribs to be fractured after striking the first
its obique direction would lead to its striking the
second, which is further out; a person standing
up with her on the floor at about two PAGES distance
could hardly have inflicted that wound; in witnesses
judgment the muzzle Of the pistol to produce this
wound must have been very close; should think not
much further than foot; the burn and tear taken all
together indicate that the muzzle must have been put
close the muzze had been put close the breast it
might perhaps, have produced such wound. 10 an
pistol might have been fixed the Judge decided that il
was foreign to his profession to decide such matter
~; D,eGs eaamnaton reStmed-The wound was such as
might have been given by person standing to ano
ther while sitting to person in bent or kneelinp
positions If she had lodged the pistol would
struck herr shot wounds hard to give an opin.
ion upon Mrs Walker five feet four inches high;
witness measured her; the the pistol applied
within one foot might have all the effects seen
JAMES RuNY called and sworn-Witness is sixteen
years Of age; recoects when Mrs. Walker was shot:
was living in 80 Lexington avenue, on the opposite
side OF the way between oath and 25th Streets father
Keeps liquor store corner of the avenue, near the
East river at the southeast corner; Mrs Walkers
house can be from the store of witnesses father
has seen prisoner several times at fathers before
Mrs. Walker was shot; cannot recoect how often he
came; sometimes he came and read the newspaper and
got couple OF segars; he would sit by the window
cannot recolcct how long he staid sometimes ten mi
nutes, sometimes half an hour the window where he
sat commands view OF Lexington avenue he used to
take his seat kind Of sideways looking up the ave.
nue.; don't recoect the first time he came, or the last
time; don't recollcct his coming more than once dav
he never used to come before that winter saw him with
captain Jshnson the day Mrs w. was shot
PAIs,cK KELLY called and sworn-W Witness lives mt
S5l Third avenue; knows Runy's store (wtness here
described the position Of the store and window from
TIE window on 24th street Mrs. Walkers dwelling is
JACOB Jesso, caeS s epGr seeing before
at corner of oath street and Lexington avenue knows
Kunys store 1t is at the opposite corner; witness
casionally went into Runys store his business.
THE store and its windows here described Saw
prisoner In custody; that the first time saw him
TO know his name was Walker.
Mrs HENRIETTA DAILY called and sworn-Witness
lived at 152 Greenwich street; knew Mr.. and Mrs
walker; had known them three years ago that May;
tney were living at witnesses house; they remained at
witnesss house from 9th May about the LIST or middle
Of November; they then left to go to Mrs. Wells in
Sth street; Mr. Walker has called witness a number
OF tines has had conversations with him at different
times and within the last year number at the lat
ter part ofthe year. about the middle Of February last
the conversation was Mt witnesses house. all about Mrs
Walker in the front paror lower floor; mention was
made of divorce in Of those onversaions that
was late in the fall at witnesses house, he called in
qure after Mrs Walkers health, and asked how she
was he always did that he said he wanted this thing
settled between him and Mrs W. as he thought of get
ing married again; witness asked him why he wanted
to get divorce; he said he going to get married
again and did not want to have any trouble with
witness what she thoughts witness said she thought il
very proper for him to go, and hoped there would be
reconciliation between Them he said he thought that
would never be; asked him why he wanted divorce;
he said because he did not wish to have any
trouble, and did not wish his intended bride to be
annoyed, to be mark or a mar, Gas witness sad)
he then asked Mr. l.. and Mrs Hill Mrs
Wells STILL viz at Lexington avenues witness told him
that made no difference; if he asked for Mrs. Walker
he would see Mrs. walker, and he would see no
there but the he asked for; he said nothwith
standing he loved her better than any he
saw; she was the first woman he really loved wit
ness asked him what made him feel sowhat reasons he
had tor his conduct; he said he had ample reasons;
witness SAID TO him. - don't mink So Mr. walker; 1t
nothing but your jealous and fendish disposition,
and you know III; when he went away he asked witness
If she thought he had better go up and see her; wit
said she thought he had better 60 she thought
Mrs Wells would like to see him, to have talk with
him; he said " If you say So Mrs. DAILY think will
po" he said he wanted to her and talk with her
that he might get divorces Mr.. and Mrs Walker met
at winess's house in January last; Mrs Walker came
first she came to spend the afternoon very
Mr. Walker came soon after she had not yet taken of
her things when he came; thinks this was about the
middle Of January; she was in the back paror, when
he came into the front paror the servant girl let him
in and came aud told witness who then went and met
him; he asked low Mrs. Walker was and how her
health was; witness said, every WELL indeed very
well; hat and shawl Of another lady chair
he saw them and said, that is Mrs Walkers hatand
shawl Is it Eot! witness said, no; yes it isn said
he then he said have you Mrs. Walker to- day?'
witness replied she had, and asked him IL he had
her, and he said he had not witness fsaid that was
not her hat and shawl but that she here the hat
and shawl he took to be hers very much like what
she wore when Mrs Walker found that MIR. Walker
and witness talking in the front parlor, she
cuded she would go she raped at the paror door with