New-York daily tribune., 1849-02-23
TRIAL OF John =. Austin and james Nc-hit
chnrgeA With lhr nlnrder OF Iimothy -hcn.

= l,o,d. s1d Aldermen Stevens srd DoIer-Thi. csse
called. ne accused parties having drnsnded separate
rss Consi ershe inseres, wss manifested Alsl hs'
ins bscu we believe Cspaia % Gee lrE-ch ~ "ls as
ben knowa the Empire Club. lie IS uaa about -
wear. of sgr rather .ht suhau hsr quick lively appea
AMI ere; wearing ns whskers large art ftt round
bis chin n person be- T. railsr beyond 1- niaiins skr
sd li-it lie wss fsudsomey 4fessri N'shit "as sso
pres-lt ues ABOUT h- ssn- e. rlh-r - 20 ard sl n
p-rs.a. csrus h. N1sstrsin ihe same sy. sni sy Dc
sal io ne 40 anusiaiy uAlls'n,- hsn I'D anpcss-,F
Tue District Attorney Nr McNeon, Mr Philips. A.
sf. ID srict Attorney. sli NJ Clrfies >~rcnty, ar
pear-d for ilr prosecution, hr henfy - wheaton
90 Absny Who IS in assist in iru oi ile Attorney G-r.
ers. al s.s,aet by him, 20, having yet srriyej, Af
David Graham appeared fJr he dei-lce hessfs. las
L Br.iy. Jrhn Glsham sud T10uss Wsruer counsel fr
N-snL were $50 present sdgsug snt taxing part IA Iae
7sre 0f Juror, s0er several hsd been chsreo. ed per-
errt t1a.y sld Tor ohisi1ed m snout irree
! Rroyr J-hr schrulr Ga,rre " Ps.mer GEORGE
". Green. Rensselaer, T Go od.niih, John l. cure
Jsr1. u Gof,,r g. .,rte + Peterson Jesse Caly Herr
~ Al1e-i. John k.eley ard rheo-ors reyor Mes'rs
u.4ter N-.. e-n 4, ,ri be- rt ou the trial OF Shrr
r. sri Mr. Goodman on INST ~ iiacden Ihe ohef seven
! TIE Joror. rot empsneed were then 3.-chrfei me
st. n INST hs Nput not bee Ahe o lfsr rq ile csse
~ Nes5 h, aad recess Of one hoar was taAen Or
/ 81 Swee-ev opened the cause he ssiitW Wss csse
! where a man has been iy some out 81 fh@ world
Al s6 -onsrd - wss porter no. se keDt br r..sned
.rsa IN ,ls th- evening OF Tho - sept
seated three o. shea ard guest rsui Robinson.
towing themselves quietly sna peaceahy About or DO
% cocs prisoner a. The bar entered 'h- sid
hosp. All re- wed he was Sferw ar .ned by sn s-so
c!se h. nleii..ly bef, - or ater me-, he conne c-i
Of conduct which showed be had entered for the
purpose Of making difficulty. he said he wss Ftfhon
house tie -sed 20 leave, bat refused.
| sud put ou. The bsrroom Is 10 q basement or
,f.ns down Ol or.o1sr IL Is supposed grtps - the
siAir be- from his pocset ant dehsrsisy
fred 1870 the ioOm and the result wss thst son OF she's
fr erirg his bloom his r. hers hearth stone u
viii bs shown ha prisoner and anoher msn named Mes.
D.t vho hiss also been indicted. commenced conrse of
proceeding such here shown nal evening in Broadway
Wishing several pun &c houses snd IN every one of ~hce
g-u1g into difficulty Next 10 the house OF decreased
place called fashion which ws' resoried 10 ty
persons called The Fssh0a boys Prisoner len hist sac
entered the humble house "ere deceased resided 10 make
| difficulty. Sc
ConDec brother OF deceased Timothy Shea 81
house Leonsrc-sL the night Of Ssh srpseuber.
living ~ilh ny fa.heri my 6ro'oefs Pafct Cino.ny aud
jobs N CaihaTiue sni yss tve children, with my
father mother, lived there occupied the basement
bar room, back snd side room; 10 on ihe len nie
g0lls from Broadway NudsOnsi between Nesi Broad
way end Chlchs next 10 the house called Victoria an
alley between them there are three steps think
leading from The Sidewalk TO the basement mat n'gh1 mere
was light hanging over The bar some candles hehui NE
bar bsrre ofcharcos In the ald chairs In the
bar room there was brown p.,hsr on lAs uaI On tnh
ght there we're sailor nsmed Peter Robins w. who came
there my fsther bad IN the site room; Robinson
commenced singing aud my brothers and myself ss down
10 while he singing Austin FIRST; my brother Timothy
sssed him II he would take chair; he said DO, the
again aud he replied no, asked II he would not set down
aud listen TO me song ne said no; then Neshi came IN
my mother tod him stop; he said he wouldn't;
M bro her Ps,rcS went behnd the bsr snd oid lm t.
stop, u hs ddntsop he'd mske him stop; Patrick had
lmb his hand Ausin ASKED hin II that dagger
he had 10 bis hand to shcs him Patrick replied II ho
Nssbt look up chair and hung 1t at Patrick a. that
hs shelf and broke cecsner Patrick lneo came out
| bred tumble and then pncher-then he csm7 from
behind the bar with decanter In his hand. and a-sed
Austin 10 20 and hs said he would NJ, and Pairck
stfJck Ausin win u ard put them out when Nes1i nsi
came IN he said How are you, country msn sud began
| HaaI. ffw than
hs charcoa barrel before the row began Austin ssii
heras fashion boy, cross boy snd short boy ne row
commencing between Patrick and him snd Nesbi
the ssor aud Timothy were both sog down-ueiihef Of
them stirred; my mother told Austin and Nesh pesceably
to sck their heels against the door Palrck put them
| ont. when Timothy the decessed, was going toward
ne shot entered his breast aud went right through
him he fell; all he said Oh dear, father, IN sho'
t was about minute and hsf after the men were put
and Timothy goi 20 and shut door; did
" ho hre only The flashes Austin had white
and god chain around bis neck think thu be- had
on h4c stripes u a. t sbOut6f o'clock there
window II was Just ~ the shot hred some one
puswd the door open snd my brother olup shut and
aEohef The light put cuts aer my brother fell which
DO the fireplace. his head upon my knee supdos
he throat choking him, and ght from The back
room. nv brother died n a1oul thee minutes. nv father
cs@ took my arohsfs head upon his Enee, and asked
10 apesk 10 him but he c5uir did not see Ausn sgsln
CSoucaIHin-l am 10 going on - years Of sse reside
In Bridgeport, Conn where have charge Of Mr Dolsu's
cotton mill have been 40 for about thres mon.bs worked
there i've years prevou'y 10 the three months second
hsud, consider connected with IL, wac here
that night visit and had been sick al the hospital
Of the tdsi. have from tho TOmbs up for
oOhing, on charge VI picking mans pocket whom
never saw we everywhere aer my arrest which was
at Monday with the man but he never SAW ms before
vas accused of rnbbng The mans pocket Of .O never
was IN prison before end never saw the inside " one
never drank snyhng the basement was not regular por
hcu,e; my mother put up e bar in Il q living
f0r herself brother Timothy that evening reading
N..rUs
shut when Austin and Nesb ln there had been 10
females there that ryeuns excep NY mother and lille
adjoining shown The hO1se IN question mas nigh
from. sloop with m basement, buI ule below the lre VI
ha street my moih-r al ihe lime. was suing near ihe me-
Ple ny ihher was 10 Dsl' ua al" sys soss 70 Osu aoou
dus here we're but few minutes between Austin and
Nesbn coming 10 before H-bit Ia Austin chat
t-rug aud would not let the -aor the song Aus
n had nod Il nobody In The basement only Pack they
hid scum and Patrick put m ont snd he then turned
round and hred; only lhe shots In dd cot see
who hred when Ausn struck with tho decanter Aus
D, frst anef be threw the chair ny brother Pat
mex hrsw 0acE tum5er which struck he m Of the door,
and Nesbt vent out DO not know who The pitcher "a
thrown u also the Jam; Austin y as sandinS near
hs door did Dot see any MARKS on Au.iins f.ce Al.D
believe, an no. throw a1yimng fainca lJOh nod OF ~"
n by ile collar aud told him 10 set OUT sn1 hc "ouio y
1nc Pairck saw r was DO Use AID h struck um : Do"
s0a-~ nere down the head ls decanier broke my
bOhef Timothy was he Oldest about - Psinck next au1
neXt; neII-r Ol ny brothers n any kIe dangerous
weapon. nor cd they carry any; tbs cls ~ Nesn
Wa No hfs InnR Hung PA.nck 10 no" eut 10 nY.s ne
een our ehe The Efrsy sfer did he was afraid o b.
The shrsy. Ehe1 Wet back ~ Connecticut and remained
tsO months Nss1il disappeared fOm th- aher my
brother Patrick came from behind he bar; ParcE caught
1p t-e pitcher he ou', when Nesbu eh and the
prher nt he door; the finh Wad StsOnHOuse i -four
Or doors "a, hs aide " The way; Pairick
about feet Q, somewhat stout Timothy about the
nSh not gate 81 stout; The pcner small would bold
about pllt whea PalrcA putting Aasun out ny T.
lhrr had ~ bed, s1d him Trying get 90 ~
psisJOus, h- could not he treuD ed he ~as 90 "
ing srd comns through the door, when me shot as
tie front door large sud thrown open ho ''1-
when the shot ni Pstfick turned 20 - %. W. w
Esy get clear " the shots father stopper In I'y
afraid 10 near th- door, sad Da9 ea - r.. - -
wh-n the ball struck him; saw Ausnn tn7 Ll-n. ~ eeA
animation AZ the Station House ne n-a o" GUS sPV1
him. did not notice him m1chi cOuif no loOA upon hlm
DO uot know yho ght me NJ 10 that ngnt' soue
fan. n m M nother ard she lOor 81 A. cccesscd sud he
gbt soerwarf died; amer Psck pat Austin o1 b. putthe
eor f sod n was thrown open, when Timothy 90.
m ~ ,b1t n and ashes the nrsi fssh Tim
INV fIi ard the light out; Timothy aimed a. sa
tsd rone en ts basement; ser the frat shot Pat.
,es bsck toward my father and my fsher h
fhs going away as coward; my father did hlnk
ther- anything % serious.
Direct 90 AOndsy bad been TO tbs District Aor.
nsy by whom was directed % remain r "a. ss four or
ge weeks on The corner of CanssL met al NJ p and
- asked me sNmy NOT Shea fObiecied TO- Tue
Dsl1c Attorney said ne boy bad been detained here -
"ltness he inrm-fec Unfair The arrest which
w-s rephef 70 Oy Mr. Graham reflection upon prisoner
Or Ls ineLts TIE witness stated he never saw me
I'll n him the Tono. the charge syain. me