The New York herald., 1849-02-27
TWO CENTS.
Captain CAnrrrrrR rsoalsa-I had the custody 4

Captain CARpErrER rscsllsa-I had the custody 9.
Prise nsr's CoUNsrL-As there might b. som. a.r..,
in drawing the charges in this will Cd nit Che
ceuD,el for the having already proved it,
that feur Of tie barrels are loaded.
The Court here took Q rscers.
The Court met again st half past two O'clock ana
the trial was proceeded with
PAUL J. SIMPSON exsminsd-Is Is . un-smith; ex-
found fsur Of the io.d 9TH and Ss
and ready capped for use the papers Nos I, 23,4 4,
now producsd contain tho tents Of the four load
ea barrels; papers Nos and contain the residue Of
the contents Of the two barrels di-chsrgrd tho
tents OF Nos and contain bu mt powder, one cap
apa tbe remnant Of another
PATRICK SeAsLos examioed-R ,sdss At s07 Broad.
NaJ re,dsd there on the 2sth s. ptents last Ia the
,a", cOh k.ps by ralmo was attending ths billiard
Ioom On thAI nignt; saw Austin aud N-sbitt Pa.
mos that night; they remained there about half an
uur n. 'n'nRs is was about seven O'Clock they same
THOMAS HOLMES examined -is ph ysiciau: sssists
tne ore nor In masking pof us; ex-
aminto shsat body last September Leonard strvst
nedy, Ds"ey AMI Anderson; found y shot woaud n
httie below and b.h,sd the riga nioole ws one ned
the chest, and found the waupa to rxtsna sro" H.
right lung TO The right aurice OF the ron,h
me INTO ne leit vrntr'cs ana from the
eighth or ninth rib the left side. then ve at nm At
riaht angles and LODGED under the l. blnde
found the ball there; tle one nov produced Is the
fame the woand described the cause Of dsesas-
eds death
Grs.':rsmin.d. a.. . Q From the appearance Of the
ball did It meet with any resists sce
Al think IL did from the fact that { Ma being n
sugarloaf ball. which il usually used for rryo vsss1
tho point seems to be little turned H.; saw
the prisoner next morning at the station house, saw
two thcers leading him from tbs yard the station
house; ] next saw him yipgon the OF; DR. Anderson
was talking to HIM there = lump on his forehead
he appeared to be In prostrAtsd condition =
Direct erominat,on resumed - There Is fixed rule
strikes the body; the course Of b. - cover ned by
the resistance 1t meets; II It mests with Q tendon
.ssss ,S hard ut ,S may ta,a
Ry opinion met with resistsuos until 1t came to
the eighth rib; cannot give surgical opinion a. to
whether the person who fred the pistol wsa elevated
or not becsusel have exc, Tor Inv per-
sons omnitting suicde) to all general rules. 5uid
tIaion Of It, saw person VIII, had arsd pistol With
three bale, ard hit hm-eN ear biow M the
bsns cut; but meme Of the balls passed through the
-,supposing the person receiving . shot, stood
aMssty IN front Of the person firing, what would be
Alt might be the posteror part of the rib or tho
way. st the Cafe Tortoni; Wa, there the 2sth Of
Septt mber last; was bar keeper, and superintendent
Others were at the house that night; does know
any OF the other ps ties about 10 O'Clock;
they remained only . few minutes
| Iot Couri-knew Austin before by sisht: heard
tnet nent OF the occurrence, and that Austin was
CHARGED with 1t. The for the prosecution here
Pr'oner's Counsel moved the Court that tho pross.
cutor rbould'be directed to call Robinsou the sailor
and rasI,ek Shea the brother Of the dscsa.ed, who
that The District Attorney would call those wtnessss;
and now that he had closed his without cell.
ing them, they, the prisoner's counsel wsre taken
by surpri,e The Court directed Que OF the ON ,srs
to call Peter Robinson bus osuld make other order
prosecutor to elect which Of counts in the indot
meDt he intendsd to rely on for . oonvistion Coun-
se fer the persecution insisted that he could ~
compelled to elect until after the WHOLE testimony weS
closed The Court reserved its decision tais motion
until morning and directed the prisoners oounss to
open bis defence Council then proceeded to say that
the story the face the a. ~
30 monsous and so absurd that supposed no intel
Rentjury would convict upon It, eve II the prsonsr,s
counsel had never submitted the case to them. The
fact that the have rno inxss
to elect and tell the Court .pd jury upon of the
counts In the indctmen mt they rely, together
With the fact that this testimony I'D mit. OF soscu-
latien Of the wesknsss Of tne prosecutors
confederation fret VINO fred the pistol: spd the
econd, was 1t nred in self The cou nssl then
went on to declare the OF the case He
said they would be able show tnst Austin was in
company with two persons, whom they would produce,
nd would show by them that IN. story Of pro.soa-
tofs wtnestes nbstsnt the testimony Of
more two persons The only person who could clear
up oil the facts and circumstances this uufrtunsts
I In the Indictment In order to seal his mouth
and prevent him from siv,ss his tessiaony
them to examine him, he would tell you ths whole
t"ry under wbst the frseas arose. and
me prosocstion gwen. On the night In question,
Austin, Nssbtt and three four met together
| and visited several public places, after which they
found themselves ON the step, OF thu votoris house,
| . certain house, which y, named; after that,
Austin and two others came down from the stspe Oh
the Victoria, and ~ they psssed Shes's house. old
Shea came out and invited Austin to 70 in seversl
times; at last be vent in upon which the parties in.
aide co.sd the door; and af . noise was heard
upon which McGowan went In search Of Nesbitt and
told ni that he fearful the Sheas using
ltnce towMde Aust'p upon whioh Nesbitt got in and
found the whole fam y striking and abusing Austin;
Net bitt then escape and in some time after
Austin 80 from them We shall also impeaoh
The testimony Of old Shea aud leave doubt on your
mind "a 10 the amount ef oredencs which YOU ousht
TO give to his to- tnopy. We shsl also shss you bv
two or three physicians the ohArxotsr the Injuries
which Austin received while hs In the house
IHoMAs WARNER called aud exAmi ined for the de-
fence is counsellor at Law; knows old Shsa from
having .sen and spoken TO him before sA~ him
In this court thinks about three wee ks bsfore
the IL diotment In this found 1T7-
Ctunsel for the prosecution objected the evidence
ef Mr warner on the ground Of its being irrelevant
Objection 0verruled
WINES was engaged at the police once; Shea
came to me and asked me II he could speak to me;
esio yes asked him II he the father the young
man that Was killed. he sad yes then asksd him
De the person that WAS st Office the day b-foru be
raid yes thai be wanted me to take proceedings
for him. fad what prooee ediDgs! have you not the
dstiot attorney to conduct prooesdinss for youf
then ssked him did he TO commence a aiviI
SUIT! he eaid yes; the told him | did not vlsh 70
hear any more about it, rs retained for Aaseiu;
it was about three weeks after the occurrence and
am confident IL Was before the found;
vss retained fer Austin before tho indictment was
found.
C,osssraminsd-I have no doubt but made an On.
try ct having seen Mr. Shea; is he who spoke to
me; be called me sside
The court the adjourned