The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-23
Court of Oyer and Tersnlner.
Before Judge Edmonds Aldermen stevens and Dodge.

| morning After the Judge aud tho two Aldermen hsd
Judge Edmonds asked the District Attorney Il he vas
ready to proceed The latter replied his associate
not arrived from Albany upon which, the court re.
joined they could not help the trial must procesd
John s. Austin war then placed at the bar 1t having
would be had in smpsp melting jury the court appoint
Mr. Cochrans lawyer. one OF the trsrs; upon wh,oh
the prisoners counsel and objected Franklin s.
appointed triers Ths Clerk then proceeded to call
over the names Of the jurors James N Brown the
John scbmusts WAS next sworn; Charles M Chat
teIton was challenged rerenpteriy By the prisoners
formed an opinion from reading the account In the
hewspapers Philip Rsuihsuss chale nged psremp.
toriIy by the prisoDer's counsel; Elisha sssby
set aside, on the ground of having console nsious
| tcruples to capital punishment Morgan O'Brien
| set ABIDE by The coart. Edmond Ferris chsl.
snssd psIsmptorily. Samuel Lsirde was challenged
persmptorily by prisoners counsel Gsosgs W.
Palmer WAS sworn; George W Green swora, GEO.
| W. Gaizs was set aside, having formed opinion
from reading account in the Newspaper; Andrew
Algram va. peIsmp,orily challenged by the PRISON
formed an opinion on the oass; Rennsseasr Goldsmith
was sworn; VIM Steel jr b. aside, having formed
yrsyi' u: opinion on the case; John L Guyrs
sworn; Thos X Kenny was set aside, having formed
previous opinion; Christian Browne was challenged
psremptor, Giles Bushnell set aside, haviog formed
Adaon Agsns, challenged psrempsorily; Joseph Orr.
Get aside, having formed previous opinion lsrael l..
smith, set Gide having formed an opinion Andrew
r. Littlesnd ss,ds having con scruplss
to death punishme MT Oliver iWilstt, challenged pc
rmptoriiy; Hughes Gursn set aside not having suf-
nssnt knowledge OF tho language to understand the
testimony; Chas J. Richards, challenged perempso-
rDy; Felix Hodic@an, excuced; George +. Peterson,
sworn; James McCieve, peremPtorily chsut nged Ja-
cob Bruck, challenged p-remptory; Patrick Browne,
challenged Ieremptoriy; VIM Crolius, set aside tor
console ptous scrupss capital ment, John w.
Strorg vas misdesoribed the panel, and set aside;
Emanuel M Swat, set aside having bias; William
Quincy, set asids, having CONSCIENTIOUS scruples
against death puniss ment; Edward Moran, misds-
challenged psssmpsoriy; Alfred ivsrs .st aside hsv'
Ing read report in the newspapsrsi Henry Aieeris,
Ksne; C:pSsos w.on en.;nssd De-
remptoIiiy; Edward Faulkner, challenged persmpto-
Iilyi Michael Jolly, challsnssd psrsnpsoriy; Isaac
an old gentleman from the Seventeenth ward,
was then called. The Judge asked hia how old
So, and q good man yet Judge Sir, ! have no
doubt but You are but we viii relieve you,
William G Christopher, put asids; Bernard MoPhean,
challenged persmptoiily Theodore Taylor, sworn.
sons eompo.e the jury to try the issue between the
people Of the State OF New York and the prisoner
George W Palmer, George W. Green Rensselaer, Gold.
smith, John l.. GuyIe, Jacob w. Goodwin, George f.
Peterson Jesse CAdy Henry Aloerts, John D. Kensey,
Tor An hour After the rscess the assocists District
Attorney briefly detailed the facts Of the ease:
JOHN SHEA was the fret wit nsss examined for the
prosecution ia brother of tho deceased Timothy
Shea was In Leonard street. ON the 18th Septemb cr
at the tns the family consisted Of father, mother,
Patrick John, Timothy, Bryan and myself, the house
nsrd street towards Hudson street the house is No
bo It next door 70 Victoria houss there three
step: IN the entrance from the sidewalk to the base
Dtnt ON the night In question: there light in the
bar barrel OF charcoal few chairs and table, and
brown pitcher Oh the counters on that night sasss
vitnets, my brothers, Timothy and Patrick, in
the bar room and my father was In the back
came in began to sing deceased sat down
BY the side OF the sailor Mug to the song,
fhn nrfGnn Anaft and Nal fhnp Ell
witness identified The prisonsrs the deceased said to
Austin, won't you take Q ohair!" Austin said mo-
charcoal bss kst is good enough for me to cit ou de-
ceased atked him txo three times to take chair,
and to eat down and listen TO the song he snswsred
NO; Nesbtt then began to kick his heels against the
door; mother told him TO stops he SAID he would mott
my brother Patrick went behind the bar aud told him
Il he did not stop he would make him stops my brsher
bad tDmber in his hans, and Austin asked him
1t dagger he had TO stick him. Patrick said to him.
~ You don't go out, IN let you know what It is Nss-
bitt then picked up chair, flung 1t ct my brother
Patrick, and bro Ike dscSnter, aud my brother Pat.
rick came ont, fred tumber and pitcher at him;
he then came out and hit Austin, aftsr which they
were both put out; when Nesbtt frat came In before
any blow struck he said to Austin, how you,
country MANI at this tune the nsnt began bstween
AAsdn, Patrick, and Nssbtt; tho ssor aud the de-.
ceased remained sitting down all the time
fstries then put them out Timothy stood up
geiDg to the door to thut It, when the shot
fired which struck him the breast aud ne cried
out, father, Am shot; two shots fred person
att, mpted to come IN after the shots fred Aus
tin bad on white hat red handkerchief red stud in
Ais breast ana god chain his coat, its s., nsd
past or o'clock when the ARRAY happened there
ny brother The deceased and got up to shut tho |
door, when saw the first Hash come In; stood then
behind the wall as my brother was falling, caught
him. and he seemed q If the blood choskng hm;
he tired to speak to father, but he could not he died
In three TO Ave minutes after he was shot.
Cross romtned.ls 10 years old works for living
In = mabufsctory At Bridgeport, Connections; has
been In that State for about i've years connected
with the mandatory; vas connected with 1t at the
mt nths Ut that time In the hesp al thinks he went
back TO Connecticut about four weeks alter the occur
renee Is in the city about Eve weeks came for
the trial came here from The Tombs The charge
against me Is picking mans pocket Of $40; an In
prton fnce Mo day afternoon never was inside the
was ef prison before the sailor anu had been in
sempsDy together previous to going into my 10 hers
night; It was about half past seven when went in;
| the sailor was . little intoxicated Austin came In
reading = .pns book; Patrick vas sitting down and tee
taor singing there was no female In the room at
the time except my mother ana my little sister VINO
hbi, to witness he admits it TO be correct repre-
entstion Of the Iremses bat Gays there was no car
tain to the window, "a represented by tho model; his
father and mother, and hs little sister, and youngest
brother sept in Of the and witness and mis-
brothers slspt in the other ROOM my father was
in bed when Austin cam. in; my mother, we'll as |
can think, was In the room when Austin came In
N.sbtt in about two or three after him,
think before he came In austin was chstterins end
taking and wanted not TO let the sailor sing the song
cannot cay What 1t was be vas g. nsins be conunusS
to the charct a barrel until Nesbitt came IN ana
began to kick The door with his heels; did not see
Asst,p have hold OF Traotby that night he hsd mold
OF pobc dy but Patrick that night In the basement
when Patrick and he had . file, and Patrick put him
out; IL he was hit with the dsoanter ne was
put out; did not any wounds upon Austin's face
or head before he wss put out; cannot say whether
Patrick went to Austin or Austin TO him. bat know
they had tcue in the middle Of the floor; whe Aus
TIN was the deosnter, he Was trying to keep
the door open IL after Nesbit had lung the chair
at my brother, and that my bro.her had flung the tum
bier II hun, u at Austin was struck; only saw one
blow q the tun bier given TO Austioi tue blow was
CIV. the head, cannot say what part; thinks he
had his hat when the b,o~ given; blood
his face; knife with any Of my brothers that
night Patrick was II only tnst ntered Aus
TIN and Nstbitt that night; the chair thrown at my
broherby Nesbitt was at the left SIDE Of the door,
It Iig ht before bi he had only to take hold Of
III II the fret thing flung that night;
Psfick 10 Dot now in court; no Ia out In Iii aois; he
nhortlY nftsr ha aft for Ilin