The New York herald., 1849-02-24
Court or Oyer and Terminer.

tember I8Se was then resumed
JoHH SHEA, senior examined on the part Of the Lzo-
seeution.- Resided In September last ut 50 Leonard
street; 10 father Timsthy, the deceased; rscolIsos
last. The witns,s desired describe the pre-
nfss BY the model Produced ysstsrdsyl He said the
stand it; be himself hsd made drawing Of them On
paper, and be would dessribe them from t. Here hs
produced diagram Of ths s.d proesedsd 70
going down to the basement, and window 1t esoh
side Of the street door there was then bar and
q partitioued off from 1t. and door close to
the window In the bar room, clossto where the
cbsrcos barrel Stood bar vas set up In the bar room
and behind the bar room there is another room.
Q.-Where was you the night OF the ecurrencsr
Al was in bed and awake | rose fsom bed; the
nrst thing that attracted my attention wsss sxp,ss-
falling; can't say what time elapsed bstwssa the time
got cut Of bed and heard the glass fall jumped
out Of bed upon hearing the soundi being ia .
my psntsioons soon could like; after .
Austns face towards the do,r; hs was ssrikinr
at my Patrick and Patrick ut him PatIieks back
bis lett foot Patrick bad dsesnter in his hsn1 .sa
struck Austin over the head with it; Austin had to
60 cut then the deceased sitting the chair at
this time and my son John standing against the
counter; the sailor boy sat next to the window;
Patrick against me after he put Austin out wit.
sl killed II We cannot keep these men out s" upsn.
which Timothy jumped off the chair, turned round,
the chair In his hand TO barriesde the door with is
in the of hts crossing, witness heard shot, and
his son fell Austin fred twice the shsts osme so-
tic saw him FIRE Austin at that time was the
side walk that 10 ON tho uppr step, coming down to
the ba -ment after the shot being fred, the saoe
threw himself behind the door to protect himself from
the ng the time, that Is previous to fri az the
shot, they throwing in oyster shells tho cry Of
murder was then hallooed by the iamstes of the
house turned round, and saw my son lying on the
ground John his BROTHER raised him snd put his
head on his knee; there wsska gugging his mouth
and he trying to speak; woman from the Victo-
ria House. then came in and put her hands round tho
head Of the kept them SO, a.
the Ward and the captain of tho 5th district ssario
house in; after that went to the station hous
with the Alderman; saw Austin there, and some one
dressed his wounds: the moment | him, wrung
my hands, and said that was the culprt that shot my
son; told the Alderman to search his pockets think
ing the pistol with which he shot my was with him
yet; the Alderman did 80. and Drought up hsndksr-
chief; the Alderman then told witness no might 90
home; the shot took effect about inch so from
the right pipple Austin had on that night white
hat, white shirt and striped coat; the clothes nov
cut in three places on the head ns cut is covered
with hair and the other Is now open his forehead
At the time d,ce..ed rose to go to the door Austin
put out; at the first shot, the light In the base
ment pat OUT there is large lamp at the Victoria
la Browne they both lighted lat the time my son
was lying dead the house took fire
Cross sined- lived at SO Leonard street, about
two months and half previous to the 2Sth September
my family lived there all that time but not myself
kept bar room there had no means Of living but the
Il was given up by the doctors; went to bed that
evening before dark; cannot be particular the
hour but know went to bed before dark; had not
slept any before heard tho noise; had not drank
anything since nine O'Clock that morning ct which
time took glass of gin or brandy that the ouly
liquor day. my wife not in bed previous
at the time Of the when retired to bed
left nv three sons Timothy Patrick the mother aud
the two youngest children, In the bar room; should
suppose when heard the noise of the glass breaking
it about 9oolock at night did not hear tha noise
than once; when got to the bar N, my wife
standing at the bedroom door by my sds little
inside IT. Timothy sitting between the bas aud the
door Of the side and the sailor sitting by the
side of the charcoal barrel that stood bstwssn
door and window; Patrick running from the strsst
We Would be sii killed saw Patrick putting Austin out
Of the room; at the time the deceased fell Patrick
stood behind the door was examined at tho Coronsrs
inquest stated to the Coroner all he knew pretty
Besr; what stated now Is pretty what stated
then, OF to the same end.
Q.-Did you not swear at the inquest that whom you
came to the barroom you raw two strangers there,
besides your own friends and the sailor!
A.-No, sir; never did state that to my reoolleo-
Q.-Did you not state to the Coroner that you did
not know how these two men were dressed?
A.-No sir; stated that did not see NesHit at
all; tut stated how the prise ner was dressed.
Q-Wers you not directed to select coat from
Al do not RENE mber If I was.
Q-W you tell us now whether the coat that Aus
Al cannot tell YOU There might be a huudrsd
coats In it like Austns did not select light GOAT,
as that which Austin wors told the gentleman that
l could not eelect coat such Austns. There
were q hundred in that pile, and Austin's one
engle piecs But said would remsnbet his face in
a hundred years told them distinctly could not
swear TO the coat Austin wore do not remember
that the Coroner interpo:ed and threatened to put
on n. e
could not to the coat he wore but that would
,vsarte tho kind Of ooat he wore don't know whether
found any coat like the coat he wore not
QHew often have you seen that coat since the 23th
Of September last?
nor do know whether that Is the or no; what
swore was this, that the ground Of it was large and
the stripe small the ground was also lighter than the
Odd you or not, swear before the Coroper's jury
that in the coat Austin wore the strira and ground
Al said that the stripe was small, and that the
ground between the stripes was whitsh or yellow.
.Q.In which Of his hands did Austin hold tbs
An his right hand.
Q-Was he in front Of the door?
was m..e 10 tne west, more than the front;
ne stoeRed . and nd, hted Directly in.
SEWere you Cooking in the direction Of the door
"nsH tVe eyer shells were thrown in'
Sss; but did not see who threw them; the fash
oi .ne pistol came into the house.
fR,ssNER's CoursEL-This last answer Is important;
Cannot what time elapsed the dash and th
time the woman came in with the light; am certain 4,
wife brought in the light and held SOM
and asked me, the deceased my son? said yes;
he then took the deceased BY the wrist and asked
he deaa' hs desired me to 60 With him to the station
did not Austins hat knocked of before he put
OUT don't know that his hat found in the base
ment after he put OUT that the first hesrd
Of IT. when saw him ct the station house he had his
hat ON stated to Of the coroners jury that
did not knew who fred the pisto never stated to
Mr. Smith that did not know whe fred the pistol but
might have eaid to some that thought striv
ing to pick out Of nae, that knew nothing about it.
Q-Did you not say to two persons, the night Of this
occurrence that You did not know who fired the piso
Ali said 80, It was beoause ] thought they were
not my friends l kept several out Of my house
hecause thought they were loafers AMI van.s. %
pick out Of me- did not tell any one In the base.
pistol. am perfectly sure I saw man doing some
thing b.. head In the station house that niSht but
whether he was Hressing him curing him don't
side Of his face
Q.-Did yen say to James Smith that you we're 50
hurried you did not know anything about the OCCUR
renee at all =?
Al told you before, as now tell you, believed
did not but might cay to person | did not know,
that knew nothing about it. thinking to put him OF