New-York daily tribune., 1849-02-24
Trial Of John =. Ausftn and James Nesbit
charged with the Murder Of Timothy shea.

Trial Of John =. Austin and James Sesbit |
charged with the Murder Of Timothy shea.
hi. case wa. resumed. Mr.. Wheaton no, having
arrived o, town. Messrs McKeou. fhi.ps and Sweeney
ecutnu.d 'or prosecution
Ia, Shea The fsher Of deccased) s~orn-Wss 10 bed
vr.n he ff. part Of he took place bat s~ss-
the hing that took my sitebroH was ssusnse voice
..yips hs Vas f.shoa boy crsss boy. ke Dot long al
,sr@srd h-.a crssh OF gl... falling Jumped cut Of
bed being IA sauer and hurry could not Pus on my
"a and came ouI saw that msn (Aasin) al the door,
his 'scs toward ne. striking a. my son r.ret wa
;ryus 10 seep the open with bis len foot and striking
Al Psck and Psfrick said you mus, 60 oo. rsIies nsa
the decsrt-r hsc ihen 10 90 OUT d-ce~cd snt
the sailor boy sing down and John Al The counter
bim yea are coward We viii De al killed Il we don't
keep people cat Timothy Jumped Oh hs chs .arned
round sud up with both hands no ws 70 NE Aet
hs door having been broken and sung nl 10 bsrresds
the door; the hst thing heard was .vo snoo and Imo
thy exclaimed. father, an shot here we're tuo snos
snt the hrst took effect thai man Austn soop sod
twice, ucE es be was on The upper step 90 he ae
wsk Peter Robnson the sailor crouehec Gown bet"eeo
The window AID door beh.ud ls-r, protect himself iney
throwing oyster shell previous 10 the shot whnn
took az he tine 0 Re The cry OF murder wn 1hen
Ia oed through he house turued and saw my 'oH
vtac with hs hand on The foor and hs nesd on
NV .ou Johns kuee: wen, to him snd lie tried
10 ,p.sk 10 me bat could rot from the blood 10 his
throat. swomsn who worked ~ George W ooidrdges
,e he yctor, next door came TO- she Tu her hsn-s 10
Tmohys head snd he died believe. IN her hands Al
Acsms ofe h ard, srd The Csptain fPoce csine IN
TIE Alderman a,ked ms soms ale.'sns Objected 70
sfer that he ss ed me- 10 come 20 TIE stuon reuse s9I
ed me could recogcise the man SAID eoud u
lived handred Yeas; went 10 The ;, .ion House W.
The Alderman sa~ some dressing this man, Austus :,
head, do rot know who Il was Ihe moment 50" nln
hss the poor cupr or something 70 nat eh e ta..
hiulipg the pistol wilh him su the Aidsrmsn took
from prisoners pocket hankefctei ard . stone ne
mi .ht 90 home NV shot shout inch and hsh
from the rgh, nipple he had The chair IN ns hsnds Atne
rna the prisoners face cut the night Jaw, now
lowered with har and also hs forehead sred marx
shout inch long from cut 10 In the centre OF Austn
forehead y prisoner was bleeding when be W" pu OUT
The gh was put out when the frat shOt csne but there
were bright shts In front OF the Niciora next door, and Ju
IA Browns house. Immediately opposite the cad OF 'he
house on Ere while the Alderman wss IN, ana my
son lying desd - ,,-,,-, -.
dark le In the room my wife and sons Pstrics Tluouy
and Bernard boy sboui T. snd my LIKE daughter VINO s
about my wife ran mo ne bach room IS S., S q,
consequence Of The thrust OF the chair wneh Neso
gave; she Just a. The aide of the door 50 came oet
saw austin strike al Pslrck, ami rscA Al nun, tsu.s
lsrser lhsn Austin saw blood 90 Aus1n neioe ne
struck The dec anier sfer Austin was pu .gt tsues
closed the door and pushed open egsn Nr.ot WIS
IN The bar room when got 70 y sala T u
cant keep them they si ne All, when Tmny jumped
up took his chair to bsrcsde the door IN no ne ~
most the door was thrown oren sgaln rsht 20 1he Wal
did who opened IL my attention wss turned 20 'ne
help my chi dren to keep the door FAST ana dd nos see
i 9sfs, s Gfss ,s to men sso,. IS" Nu'''" '''P
Dircct -Befors Austin wss struck with the deesnter ne
had cut near bis mouth could see Ausins tzce ny lbe
dash OF his pistol The witness was ssked by Mt crshsn
fhe had sad anything To Mr. Austin or bic friends ihs,
he eo money he would not sppesr here Ito repei MOI
exactly that" when the question Withdrawn snf re-
asked by the District Attorney The witness was about 10
reply when Mr. Graham got up 10 mske objections The
Court id not consider 1t necesssry hut Mr. Graham Insisted
Judge Ecmonds s,ked HIM To st down. ard said ne must
nsst that respect be shown the be hsd already
had hi. fee wounded by counsel ia this and
he will give up the such 10 persis1edn In Mr. Graham
renei In few words considering that he had not assed
any more counsel, than his rights lie was SLOWED 10
proceed with his argument Ia the obecon to sn answer
Icing eiveo by witness. but the objection oyerIuei
IJifasss ressmed MIR Wonldrdge, the gentleman no~
looAing sent ord 10 me by uian II would go 10
Kim ard settle this question as to Ausln ard my he
ka., ID. maxi a a |
led me. n0lber that was with him, and me man ne
s@ut being with 20 room up stairs We sat down
Woodbridge sad Austin hal been good friend To him when
be poor and low and good urn deserves smother
of The that he'd better days put lin my
pocket snd listened 10 h.n safe wss po",mtn bat
my spirit not poor, hoped, before God told him
my siter's husband wss going wss, wooInridge
said n you had The would you not IKE To so
win them / sad yes; he asked me how much want
ed 10 20 snd to forgive Ausun sold hiw II was Tor
him to make proposlion and say how much no woud
Awe me Woodbridge looked st the sehteman ho shock
lis head. Woodridge ssd, cannot say anything about
tn O'Clock tomorrow have got 10 20 us evening ara
and not open hl O'Clock in the day reshmony objected
when lhe District Attorney said he ives done Mr. John
. bv lfr. G-Mr Shea did you not repeatedly call At
IN is the last house wanted to call al did call
afraid Of the house and was afraid 10 20 In the niehi
ODD YOU send your sisters husband
ii dG nolsend him, but undersood W OOldudge senl
for hIr.
Q-pid you not call and propose settlement
Q-Dd you not send your brother-in law IL
4 i DID noi but with my brother law, who he
sad Mr. " for me; II the second day; We went
into ths room, the gfruemsn WAS here when Mr.
Wooldfdge would not speak io ma, % walked out
ODD YOU uut have gunl
4 My brohe n-sw, who going West, had just
bOugh d0ub ebsreed gun, and gave Ia me TO hold
h3 went In fret; said desired 10 call upon Aus
tn is friends for the purpose ~ seeing how much emu
uersiOn they WOULD give family out west aud
sppssr against Austin. The witness about
50 years OF sge hair considerably tuned rather ong thin
face, sni seems to be sciiye kind OF man
Questions asked rs TO employing Mr Warner TO
brr suil for damages and answered In tbe negative
by Court Il never saw Austin before that night lDes
crbes the premises
The Time for having arrived, the District Attorney
remarked that The Attorney General expected
To be associated with him, bat It recently ascesined
that he could not, and hs deputed Mr.. Wheston 1t
Supposed that days would he occupied smpsnsling a
Jury, and Mr.. w has besn somewhat mi,ed by the lse
grHphc oispsch tie very desirable to hsye bim 10 hear
least part OF the proceedings Mr Mex. moved that
the COuu sd Jurn lill to This opposed by
messs Grshsm, bat allowed by the Cour-AdJounsd ed TO |
bls