New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-28
Trial @. John -. Austin and Jnmes Nesbit
charged with the Mnrder of Timothy shea.

COURT OF OYER AND TLRNiNEsBsfr- lodge tsDonc' sas
A1,rnsu stevens sss DOers-fCosii.-edJ
Cer0, Hud.o. sworn for def,noe-Re.ds corner Forty
frstsi ara FoUrtb-svepDe.
Juog. gdmonds here stated be would pouoce ne
DECISION Of ne Co1n the motion to compel ne eoor,e
for poseeaon elect Which count Of The indor-nt my
would proceed upon that Austin FREQ ne sooi srd rsso
sheit-d or hat Nesh ssec AuItD sbsied TbeJocs@
cited various am be thst The tao couns n
parties cbsrged IN this care. referring 10 putco.r arc
onf case Il "a nscesssry for the prosscuto % 70 eee
prs0oers xi DO ssdesd bJ he testimony lo'
defence prOcselirg the counts ~ heY are ~oc cY
pc Ing the Dstrct Attorney 10 elect vU1o seriously 'n.
bzusss the for prosecution. The mol9o on ,nsI -
wss denied A. 10 the testimony OF Mr. "sfnefH WI %
reserved -,
Of The CorOners IrQ uesi On Saturday P.ee1
coat smOng pile cf oibers 70 zee n od ny soe1 W.
IDENTIFY that Of Ausir; he coat Vss nine u "as h-ie ~
duesd-a Sumner coat same shspe bu cirereni syp.A,
sncs rom hat q Austoths fsoric pTe.eui-o hsh' ~
osrs threads, shghiy rsssro, .tnlT' W 1900 .,
shewn that q Austin, much darker ana o,lns s..p-.
ero.barreo 10 the pill, he seecied ny coal -
loosng Hss The ore Ae.un VOC Or hat ~ IN,
Bv ", yAeaf0n The experiment was ~ ne slgges 700
Of ne Coroner there about seven oo-is ives hs'
Shea gave he testimony, durng "heh p, sha bs
tboughi be could describe he coati hiDA - ~.
90 TIE testimony II = striped Coz nine NAs b.t
ihs Era; BE- selected b. cid not previously lsle hos-
nson csnro; SAY which ober h selected; BE was t'o
to LOOK through me after tskiog bod several wss
tbs hrs and Only be selected rhe wiIes' sac ne
latter was hat meant 10 say HIS suennoa VS. 10y
called The fact al time that mice nso roi tuPts W
h. ss .,out fve minutes fn looking for H Il was IN
DAY ue; do not that such stuff - ny coat was Hsoe
# 10 ks different a. night be Wa sent more hsh Olc' ~
examine ~ coai; uiIe be seecied he tri ume a..
By Mr Grshsm-1he Coroner tod h' snea 10 tase hs
time 10 lOo Hog for the coat snd Dot he IN hurry
BY Mr. WI only know Mr. Austin by s,gh1, .......
JInes NcGotcqn, sworn Resides NJ s. WsEe,ireei
wasa carrier al me Herald Office At that time ard 10 NE
Office when hs N here that afternoon CT bushess
sbou OcOcE Jeff the Office with him 10 crmneny; mel
NesDii 10 fsrsrO~ soon sief~srd eineo - mf. sl D.
N scqusintsucs Of hr. Austin; Went 90 LeOpafo's.
he four ozehe got ,srs ssou ge9e Kin ~ 70 sp-a
louder Mr. q sid the Ccur would perceive ne 80
m very week state, having broken ns ~ - -
bad one foot bOund % ana "a keo WIN ,hcs o.
q cruich l1qureo II Mr. WOo'dng . was 10 fonno ne
there, AID We came out ADstn ana Ne'pl' Ii,l
and sst TIE siOcp; kesbt PROPOSED ID 70 70 mouse
M fame adjoining The ,tsiOn- hOus-, hut Austin ooeceh
and made of bottle II vine that Nesb oou.d not ge
In; Nesi and Smith walked stead to 70 ~ I'D bad gO
cosiders be distance shesd Of u.s. austin aud ny sell az
ing ssurly beh ID and the got about Two doors then u
M, vcuug man sne ROM out Of the basement sdjo.n
stopped Mr Ausir h0 was n'ide, 40 ssio Won t!ou
me IN and hear sous y WIN insi ~ aus ]. ~.
young TOOK hold Of Ausn by The col ar OF me cost
his Dn.Di woman looked oai Of Shss' d9ot ana sps
TO the youny an and be told her 10 In ana nj he Dus
ine.s and not bocsr something OF the KIND $50 ne
come In ard you win hear nice cong, 'ao Ass,ln
nosud he dragged austin down The step si ns'lng hoi
bir nv he coat; thiuk Ausiu WIN he got 10 the bolt ~
step sssCd me II would 20 in snd ne young nan shlu
No. don't want I'm, and they "ent 10 are ,ne 1919
man shu The door 90 The us5e hey ssked hn h ~oud
drink, 10 which he replied no, ne would 10" " b'Ieu
him hree four tmes he would drink and then person
assed m n h. would sing ssorgi ne sala no tnry he
him eecOnd tim" II be- would srsi NJ shld 10 -aiie' o'
perhars vii. then come or Ntu col hsltg in1oi
agar Assed BIZ Au,1 n he would drink aud he fao ~
would not drink; wa. standing outsoe on i,e s.ot
wsk hey insisted upon Mr. Austin single sno loLeu
in and caused crest confusion; ihen went Gown To
house Nea sri Smith mad gone 20 csl mem oul
wss not lame iheni dii - g - ~S~' o. .
Nesbit hs Of The house. AND laid JENNY come GU
sxrect John Il IN m1ss NJ ssid ne WOMB
/ sid eli then Av ssy tnd ie MN aho eul
bscs opposite Shess; here was 'frst con'us.h eho
ing there then snd kesb up SAD John % I'D 'bs.
&c Lar and Nesii wsrt in they were llwuR HDo ~ ssln
q What's he msiierl sud ks.bt threw the door woe
open then the behind The counter WIN umD
~ biz hand and he fred H. hink at Euttn a. u was AND
cd that wav: - 5000 rs be fired II Mr. Kes'i ran CUT
sorn- one Of tue parry n,de said Close quarters BOY
~ Close in and the ia his immed aeiy put OBJ
previous 10 ia going sw the man hre pthef or oe-
cauteri they hftd something, tumbefs or decanies or
snmslng, whrh h. ara b''ss two or hTre mes a. 81 ne
hight out; ihr uose. breaking cnshs c'ooA bi u
caulers, soneihuF, oi very great inshe he ehr -
Nj Ausin hackng oBt ard toward We dof ana to
paf.ons ihfk. following HIM a. his lime ih-n hserd
The report he 81 ot~ Drcpofts ih~n me pee' het AZ
Toice cefs 1si efore they the house told it' ~
10 ught hsd hesn thoi lnthefei one or
~ Of them took bold OF the sailor man, " III me req s l.
and took HIN 10 th- station Hose
BE- G,dh4m Met them ab at tWo doors rom thH StApn
Hs ,bev sd difficulty In eetng the ssiiOr 20 he station
Hone. hi. was Stubborn went hacs tut thu n % ould
TOTO th- Easements DID rot 70 s The WY 10 in-
Station H,ue. srd was not h-fs htt ur M one or Two ~
rGurs gass IN The DOOR were bfos CO. ana clfhin
over q door. stood on ih- wax about Pot Rom lh-
sep. chou nina there about hsf dozen ibsi-;
heard MI Nea' when he got H. say nst sr- Nr gong
with thai suife 20 Wh the ttis were cui neafd NJ
Au.iu Whist does all This mean, what 10 aho1i
saw Mr. A. afler he came from The bssemect there was
from hi. mouth Oh shy some IN his possession
saw nothing thrown from the street into the basement
for cionsr as then taken
See iarde for the continuation Of tbs trial