The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-01
TWO CENTS.

planning that when had been given In evidence that
Walker was going fast yet Walker should not DO per-
mtted to take of the edge of differences from bs
fast going by having his speeches and explanations
Mr.. JORDAN briefly replied and argued that while
prisoner might prove any facts which occurred he
could not be permitted put In evidence his de-
caraons Counsel on the other hand again commended
that AZ swim gait had been proved against Walker,
therefore his OF other matters by his own de-
csratisns ought to be received evidence because
they would help to show that though he went fast he
wss not running away.
prisoner relating to the body of the could be
received as evidence, but words spoken by prisoner,
received not affecting the matter In charge 1f the
prisoners allegations relate to the body Of the offence,
they ought not to be received.
The Judge then permitted the question to be put.
The question was us we understood permitted to be
put not as giving Walkers words directly explaining
his fast going but a. afordng the Of wing
inference from other declarations relating his
gnt and not made in reference to but indie pendent
thereof aud belonging to other matters yet capsule OF
affording inference surmise explaining his quick
going iayorably To this question the reply was, eyes,
VIM IL. JOHNSON next called to the stand.-Is
captain OF the police station Of the 18th ward recol
statiop house that afternoon Walker that day
he was brought in In custody by officer Brown, the last
witness ana not, at TINT time, examine his person;
Walker delivered To witness pistol The one shown
isit! Qiere pistol was produced and shown to wit
v,
supposed it loaded five OF tho barrels appeared to
be loaded: they we're all capped
Cross-e1amns Witness had not offered to search
prisoner before he delivered the pistol the delivery
OF 1t up by him immediate, prompt and voluntary
lady died; he TAKEN the day of the murder, to
the house in Lexington avenue from the station
house, this was done at request or order, Of Justice
Nountfort who ut the house in Lexington svenue
witness beieves-he heard-th at-stopped; witness
present when Walker was introduced into the
where Mrs. Walker lying, u cot 1t was the
ness thinks she called him Tom" they appeared to
speak together In low tone witness heard Of the
conversation which passed.
PRIsoSrR's CouxsEi--well, what did you hear,
Objected to and withdrawn After they had spoken
together Walker went into the back parlor and wrote
something "a paper was here shown to witusss)
Question-Is that what he wrote!
Objected to; that what he wrote Is evidence
that what he said The Judge permitted tho paper to
be identified merely; witness then said that that
[Proners counsel did not press the contents OF tho
paper to be read 1t was then excluded Walker
back with the paper to her. she had tainted and
not able to speak; witness took Walker away Ave
OF ten minutes after
Walkers examination taken as to the circumstances Of
this shooting before magistrate, and under oath
Question objected to, and overruad by the judge.
NICHOLAS MORRILL,. M d. then called to tho
stand and sworn-Witness is physician; resides In
Lexington avenue; recolects the day Mrs Walker was
shot, at the house on that day. went there about
two O'Clock; found Mrs Walker in the front parlor,
lying the floor on her back near the sofa her feet
wound near the collar bone, on the right side the
wound was nearly two iushes below the collar bone;
there is record of the most norton examination; Dr.
Busted has it; found opening In the back, near
the spne just below the shoulder blade on the same
side
Is by occupation gunmsker, residing lao Nassau
street, has been twenty five years lin the business
and bali in Ave barrels; there was wsd on one barrel
none the rest The loading Of the pistol here
produced They were cartridges carefully put to-
gether containing ball larger than buck shot, and
gunpowder enclosed in paper for each barely Five
symes, Broadway; it is not a Colt; the patent is
diferent it Is not sefcockng pistol 1t pulls hard
unusually
DR.. MoRRnL rc-called-It a gun shot wound;
there considerable hemorrhage from the front
orifce Of the wound witness first plugged up the wound
with piece Of cotton then took Off her clothes
her bed sent for DR.. Busteed who came; and then
Dr. Warner; we renewed her dress, placed her tho
cot and dressed the wound in the best possible way,
to prevent hcmorrhage; she quite faint for which
we gave her some stmulant; the wound three
fourths inch In diameter almost exactly Circular
the wound in the back three eighths Of inch In
diameter also circular but the edges ragged those Of
the front wound being even and SMOOTH the cause Of
ball must have passed from front to back the dress OF
the deceased perforated both before and behind,
in places corresponding with the body the posi-
examination took place on Thursday afternoon; Drs
Warner, Gum, Holmes, Busteed Witness and some
other physicians present; beneath the external
wound we found the pectora muscle very much lace
rated ribs fractured the second and third the
near the fractured rb also very much acersted at
two inches from the inner side OF the wound the track
of the ball became plain and the size OF the wound
at the back the ball passed through the left lobe OF
the lungs, and came out between the seventh and
eighth ribs; 1t sufficient to death; all the
other parts Of the body healthy, viz: chest abdo
men, all which examined, except the brain which
did examine; deceased die in witness opinion
Of this gun wound the muscle in 'front.' the
skim had the Of powder being burnt it,
Cross observation-disclosures was the first person called
in Walker called him in he met witness in the street,
he came from the house, Walker had just been to
witness house, met him, and ascertained that witness
wa ph ysician he requested and lady
who he said had shot herself went immediately to 40;
Walker went with him; said Do you want any assist
20 witness said for DR. Busteed presently
he back, and Dr. Bus' eed with him; before that
Dr. Warner came I'M witness asked for female help he
proposed send for Jane Murray who lives in witness
house; the liberation OF the muscle was no doubt
owing to The muzzle Of the pistol being near in wit
ness opinion, it might have been fired of within four
or FIVE inches foot from the body; three PAGES Of
would not make such a wound, the distance Of the
muzzle certainly could not have been over FOOT
striking against the ribs would give direction to the
BALL shot might have been fred straight perpen
dcular against the body aud yet the ball have taken
course IL might have taken that direction fired at
two PAGES distant, by one standing up opposite the
person shot, especially if she had been sitting
down and he standing up the slantng direction might
have been produced by striking the back bonei but
there evidence Of its striking the back bone
the edges the wound direct square showing
that the ball struck at right angles and not at any
other angle; after striking the ribs, 1t Detected
and look another direction ball was in the body;
Mrs Walker between four and five feet, not quite
Eve; her standing
At this stage OF the proceedings the Court adjourned
until ten O'Clock this day.
| United States Circuit Court.
! Present Judges Nelson and Belts.
MAY 31-Rchard, u.s. Lawrtnce; Brissac Us. Same
! The arguments in these finished to-day.
The Of Allen Blunt Ut. al. was then taken
up; the argument is to be continued tomorrow (this
mOr