The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01
Court or Oyer ana TernniNor.
Befoss Justice Edmonds. and Aldermen Stevens an
nnhy

Dodge
IxAL OF JOHN S. AUSTIN FOR MURpKRc-sIxrH DAY
FAB. lS-At half past ton O'Clock the Court opened
the names Of the jurors called over, and she de-
fence was then resumed.
McGovIRr rscallt d by the Court.
Q What did the Coroner say to you about oorre't-
Ing Jour testimony!
4. He took some slight notice Of It, merely remark
Ing n yer mind 1t now"
q. To Prosscurors eounsel-I believe II was the
second DAY ! wanted to correct my testimony
signed my deposition the first day; Ibssvs was read
over to me before signed it.
To Prisoner's eounsei-The Coroner said he did not
pretend to take the precise words OF the wine,ses
bot merely ok down the substance Of what they did
and raid 1t the time he did no. want what said
wtId for word-he only wanted tho substance.
sgainst oolored wemsn named Rachael for contempt
Of Court, in not attending to give evidence on the
trial In favor Of prisoner The motion was denied,
the ground that the affidavit was informal
DAVID r JEssUP, examined for the defence. Resides
at II N Moore street; witness was . policeman, at
tschsd to the Fifth ward police In the month Of Sep
ten Der last; is not new police man; RENE mbers tue
night OF 18th last in LeoDsvd street that
light 81 the stAion bouse about half past o'cocx
. woman ballo while | standing the steps
the door, and said they shooeiog killing each
open. and said Captain, there Is muss up street."
and with that started and ran; when got half way
between the station house and SheSs, met = man
with his lace covered with blood; he grosned, and
halted. and asked what the matter no raid, -"
thot-l am thot;' supposed the man was shot, and
sseo 20 run ssMn, ana got ss FAR IS the step:
req .hirt on and number Of people standing there
cried out, That's the man that hred she pistol"
Counsel tor prosecutor objected to the testimony,
ON the ground that the occurrence over 1t the
point OF time the winners has rsfsrsnne Co. aud the
winners was only detailing not what lie knew hmseif
but What he heard others ray The testimony 10 not
legitimate and have only the IT. OF dsiraotiug
and prsjudic,ng the minds Of the uror and therefore
ought not TO be admitted We a. pxious 10 your
Honor to let in everything that fair and legitimate
that the prisoner should reasonably have the benefit
or but, ON the other hand, We wish 10 shut every
IN rhAU ,xnAa
prevent them from coming to u just conclusion.
Ohje ction overr,led.
WIrNKss In continuaton-Heard what he has al.
ready testified to ssd by more than two 1t
was the man with the red shirt that fred the psto
We then arrested him, and took him to tho ssstion
house; he wss very ugly while bringing him there;
after We got bin In, Returned to Shes's house. and
went down Of airs where the lay dead there was
light IN fe basems mt at the time old Shea there
Objected to- the ground that in giving his tssti.
mony, Shea's attention was rot called to his having
cOnvsrsation with the witness
PHlsoNKR's CcUNeEL-The rule contendsd for by the
counsel does apply to this question
Our object Is to mpssch the crsa,oty Of old Shea by
showiDg that he made different from those
made by HIM In Court and the general gu. mad
he ever raid 80 and 90 to any ons! being put him.
ana having answered in the negative the objection
Is waived Here the counsel read from the testimony
Of Shea, taken on his crosse xaminaton In which he
ssid he did declare persons CONT ng into the
Council commended that that answer took this case
out Of the rule.
the defence put sucn question to him a. viii take
the care out Of the rule.
COUNSEL for the prosecution-T There is too much
good in the rule which governs this case to al
low 1t to be esaded they knew Of Jsssup 1t
the time they were examining him, and they should
Jepp to point Lis attention directly to the fact
Otje cton ovsrruled witness in continuation saw
old shea, and asked him who is was that dead;
lie esid 1t was his son; | said who shot him, or do
you know Who shot him. He said he did not;
he was coming out of the bed room, putting
on his psntslOops and had one leg in. had not my
star on that night but there other officers there
that had their stare did hear report of the
pistol tpointng to prisonsr) That is the man that
was blee ding; had NO hat when met him
Coss.taam'ned.-ls not sure whether he had his hat
In his hand or not. ] was d,smissed from the police
before my time was out; don't know whether Captain
De Whit or came out hrst; did him come OUT
don I kno~ which Of Us got there arst don't nov
which OF US took hold q the with the rod shirt
net HIM there was something of q crowd standing
round Shea's basement when | came there first; /
station hou.s two or three minutes before cut
1t the time tick the man with the red shirt there were
not more than eight or ten persons in the BASEMENT
old SHEA stood behind the the back room
he appeared to be grieviDg about his son. did not
say 10 the old man, what you making such Disc
about made NO such remarK the first thing said
who was shot, the young man who ding By old
Shea faid 1t my brother, and the old said 1t is
my son should not know the young man if saw
who thot him! lie said no I don't reoolIsot
bis saying anything more; Alderman Adams came In,
ana tney 6oked around TO see II they could Ind the
balls did not leave old Shea until 1 saw Alderman
Adams; don't know whether Alderman Adams VA,
there when old Shea ea'd be did not know who fred
the pisto; l did not hear him tell Alderman Adams
that he could identify the person who shet hir soo
came out and left Alderman Adams In the bsseme Mt;
did not speak to old Shea whilst he leaning over
the deceated and crying; the FIRST person spoke to
after leaving the saiior in the house and return
II to old Sheas, old Shea; as was taking the
..,or down met one OF two Of the policemen on the
steps. and bad onvereation with them but don't
fecolect what 1t was don't knsw whether ny of tho
policemen heard the conversstion between myself and
old Shea or whether they enough to hear US
or not it was before took hold Of the sailor; heard
some one ay that IL was he who red the shot, think
rs mas, nssi: 10 Wit and my.sh had hold Of him.
charged from the police before your time?
you known Shess house, and the character Of the
family?
PhesHcuToR's COUNSEL asked whatsd they want to
prove.
PnrsorER's CoUNsEL-We will show that this was
one of the most disorderly, riotous and tumutuous
onses IN the that they were continually
PnoshcUToRs CoUNsEL-I have endesvored to con.
dust ths csise without prejudicing minds of the
ray the very opposte has pursued by the
other side tho continual attacks made BY the
prsonsrs counsel on Shea and his family are Indirect
appeals to the jury In order to their minds
sgainst the Shess am yet to learn, that Whatever
nay be tho character Of house, that man shall be
PERMITTED to carry pistol and shoot men dow in the
ttreots should Therefore. be glad to kno~n even II
Captsn Carpe inter- and the whole body Of the police
were allowed to prove the bad character Of this house.
what bearing H. could have this csseY
CouRr-Ob, IN permit them to show the general
character CT The house..
Wr1NEss-1s In the police since 10th February 1s4s
knows Shess bouse since the month OF July or August
last until the 2Sh Of Septic mber asw the Sheas osiv
during that time-the father and Patrick; they came
to the station houte to see me-
Q-What was the conduct and deportmen mt of Shea
and his sons, Themselves from July or August
untii inc 18th OF September whether pesceabIe and
orderly or otherwife! Obs cted to.
PRIsorkns COUNSEL We do not efer this testi-
mony 60 much with view to impeach tho character
OF cid Shea bat to thow that the Shea family were
more likely to be the agptssors, and had commenced
the hacss that terminated the tn Of young Shea
than the prisoner. The question was OVER uled
Cross.,admfned a Was it Jessup that alarmed
you and did you zee him throw open tbs door and
hallow?
No, sir did not see him throw open The door,
Nor hear him cry out; the fsst heard was q female
voice,
CAPTAIN De WIsr Yecalled.-Q - BY juror Il un.
dertspd you to ray that you arrested the sailor
WITNESS Il did; and orGered him to be tsken to the
station b, use; he was not pointed out to me.
NOD Il Nh -fco ho NJ