New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-27
Trial Of John =. Ausfin and James Nesbit
charged with the Murder Of Timothy shea.
corrRr OF OYER AND TERNINER-Befr- Jss.- Eenoads
A-l-rrs.n st.t.n. az na.se-L Cgaflasfal


~ thai night. sent on, BY CsPi Carpenter to relieve M
nswr who appeared TO be under eons tsfsble sSesment
,hn got 10 Van Aliens saw ihee or four OF ne Cheers
and one aid be bad found ne Psio sea an 20 give
C.rpsuter fThe position q smps shown one N non,of
he Victoria sdoinns snf one On ns Sa =, sp... BE-
for, eorng 70 station house and one over me "sn0n
house door NJ. ,h. modal -,hibitad II a
a., s, .t,lior house door 10 shsss door srd ~ 'eee
rom .,.iop-hocse where pistol va ioene Snss s
-. - re rssI. OF TIE basement With wndo~ on CSC
80 fw, G-sb,ln roint-c to the Jury hat MI Dew"
rnet Iu.ip Is feet from the stsion hous- .,..
NJ, gr-r,7gr r,sa-oi- CrossertsgfHoe Il ei' TOY
,.,i ,s-f ,nsr getting H. allow any ooe else 70
40 a. r took il 10 the Station house, snd gave ~
Csrpeztsr; I'D 81 in about . Hin1's snd -" a"e'
cslviny IL ard Immediately lel
'D,ref-Oascer Heefs banded me he pistol y.s Ma,
nsnisl C1ryeacr, swornW - Captain Of thr ll.n s
Potce cr ssh sept AS was al me ssnSl- S.r,ny
com CAPT Dewini Ia 'front.' lef 10 consequence o as
I'M. r-por. Of pistol heard previously hat there
resnss, as :, & s.. al IN s hand bite h. hu
ihi,I he rad Il 10 his hand ihsI hss been ny Deiie
80 oos hold OF him snt ASKED WHIST wss ih- msae' ne
- Nb,t toes ,h,s mean put his hand Gear 70 BIS
ronth which uil Of blood here ~er- "oun'' "a
S,S 4ss ofhs mouth. and wound on 10 forehesc iod
49, 1srrie.n 10 send Tor the DOCTOR went toward secs
- ne uera5n Al Ire Slalcr-house NJ one ih>t usi
sa. rel and met the sailor spoken Of me- Austin :,
coming out. II wss soooi fees TOT! ne .sse.
- re sidewalk between shess snd me sssu
were NJ An Aliens house porter h1-' s sso weSr
. sn.lin come IN sad Ia TIE name OF Goa, nnlf
what. Inc msierr 10 was 10 esp. hsnlss1. - oF
:.
Car Dsu what Ices al ias nesn -.
D,o-f-The p.sto here shown i the s'me' there !" As
hii mon H. 10 the ssme position IS COS" WIN e
ear, hat are excodsd' The CLONES ana hsi b-fe
wee Won by hin the h.r bad Hood upon ne eo's ss
- Nov were taken ef him amer The inquest Sunty
e.inT four bsrrel. 81 the pistol we're loaded, snf ne
ot-er Two loaded; Al Adams came IN IN SPOUT n'e "
1911 IL had known Au'a before hat hs hsd
bs-n attached 20 the Police bur DO not Know bow .oE
vs. mol here when came Mr Graham ssEed u ne hAl
rot been susched % ne tG.cs W. 4sNs e 49,
moi vet irv or Tie pistol when saw a. Au'in vas aoov
when he came In dd to1 Sc my $3.50 - 80
goa have been possible mere "ss oll - 60, 49,,
b.. xss rctref forward wheu hfst saw MIN US ols
a lrst,ni. be cou6ned 10 10 cot IN me s.suop
I'm - hur-fAv evening sunday eiternoou. y lrn ne
"a. hailed n s0N0o and discharged Ne vonnisfiy tooN
oil hs coihes and efi tlen ne hse 20 1e e =,
with his coat, aud hs susienAnee nr 80 ~. a. 49,
C,p Dewitt on that uishl vert ous before M a. 90
before he report Of ths pisiol, wn, ~ =. - w 80 ~
th.re was no lghL Bat o1e was otousu, - "a
In the basenenl but the members o. me iAmy so
nc officer, and crowd N hopt me saloI .a 60,
cn.oiy adsy two Ill after The lneurs 49, 'ne
49,, ,,'S ma 10 e. him 20 was not In me stsuonhotso
WIN me pi,ol ret oroughs ana 90 hot Ah1 g
ttar 10 ~as hand ~ he by Capt hafisAu oi 80 a. -
49, ma r,t msrt any other persons IN ne nan Ni 'hg
station House after passing Ausun Tue his'
we're Peer Robinson sud those having nun ~
III. here Il another smp the same side, near zoe "a
ora The lsmp opposite would De soo1I 800
,xsv adjoining she's house. young man nsned >thtl
go Al he station House found him there alter came
| back ,,,..., IL. .ho,, ,oe ward. from, the
Sson House FIRST went TO Mr. shess premises VT shes
lot mo his son had been shot saw tim lying 10 s1 use
srt searched inside and gave orders Or 'ssfch ou1'de
f5r he pistol, Capt IN and said that hey hsd
o,unI "A; went u siauon House snd saw te pistol
found two OF the barrels hsd been dlsehHeeii r'S
bol upon IL. went the bscs room, George smhu
an te lad. ,ns on the table anu w, ASsuh Oh 10 q
chsr the doctor dressing bis wounot sssfcied Sh %.
cnv nothing. searched Austin, found M MS sscN Goa.
no.ket stor said he. Alderman what does al tl, mean
IA him To BE- olet: he had doctor dressing swounds
n, sbss sr.rs Ard identified Ausn ss being me man ca
WAS in nj. house Ar Austin ssked ma wts me chafhe
airs, rim. / told him sorry tell him II was muir
5sr- ,old him did want % hear anything Abouth
.end sni ger eis counsel what She's said was oud sog
f,r all In the hear Austin dd not say anything 10
90, esio,iacd Austin very weak and faint inst
- chair 10 a-oher that DR. x might see % dress M
wounds al that mon ant Al alarm on hr- IN sea
house which took 10 the garrett ard went BACK sssini
ht s.cbad linn before sl She's into The backloom
e VS. not present II the lime t-es before BRO. ~
| : aosn. did not show 10 him what took from Mr. z
mink gave the stone Capt Dewitt, and ~ pa
!, in desk THE questions were probably asked WIN
-, 80 sbov1 dlscrepsrcy between the testimony e biz
shea snd AID The blood on the pistol Wa. Just or!
enoisn - not rseoect whether the stone exhibits
80, ~ 90 horue the fire then broke ont Mi was 10 u
station House but a very few minutes
IN Court think the pistol was ieh IN possession
Cart swin; received 1t first from Csp Harrgsno Cap
T5; Carpeniey ,sls then recalled The pistol ha. bee
nc hist sh In his possession, under lock aud sey
lMr Grahsm aid hs understood ms ~ a. o hin
av ,sf TO DO so in Court, and were willing TO admit ma
80 bsrr.Is are loaded Il wsshaally determined
have the charges drawn by gsnsntn cufns reo"'s IN
Court then sdio1ruei for an hour and haii -, q,
hayges osr Of the barrels wers Oa1ed win powder an
bali sugar lo,f fjrms-tTo OF the barrels exploded.
Pafrios Scaniln. sworn-K-sied 10 sepen-r IS, 81,
billiard abes lhst night II rear OF he BARI Astn AMI Me-
biz came 10 together, and remained about hsf nh hout
ny Hine,. swom-Msde. IN company with other phys
csus post mortem examination on Oody OF s
The bal, entered little below ard behind ths night uiPp'
,nt Thou Oh The hi lung and the heart then suucs be
sh and sh r,,h-n ioos course directly 1Pwsr
gar.iosf form ball or sIue) taken from the body q, -
CrosseIdniaed-saw prisoner next morning, two oee
| IN. eNI Jaw o.,
Anderson attending him .
Diyeet-Dd discover that the ball changed It's cous
Al All from he time entered TN Il struck The rb wef
,eh across body the party that nred the shot mg
have been the street snd might haye been aongsae
him It dcui 70 say IN regsrd to me sussi me ,hs'
oont strikes and Is like arrow entering The wafer
round likely to 20 stfsis h than sug te hls
ca opinion whether the pistol was elevated Or oher wise
Lorenzo snf0yo swornkePt cor hesde-.L and Broad
sv in ssot.r,bar last A. BerdOite's bssensnt prsone
CAME thers four i've others about or 10 ociocx
bs evening In questions they remained there b1 thee
Bv cosy.-I had known Austin previously by sight :
heard Of the occurrence the same evening
The case FOR prosecution here rested
Mr Joia Grih1u sisted lhsi tgo witnesses, ono
them son Of Nr Shea ard the other Peter Robiason ~
:, A. tha rolnsr Tor defence supposed they wOud b
,sd mi. was stated during ihe proceedings that Psro
and 90 The present trsl Mr. O. moved thai the Distn'
Aoaey call them 80 as' 9ry ny Do i S 10 -.
thsy had DO objection the parties being called hr DaY
Graham said good deal about heir being allowed 20
O presented affidavit that he could nos be found
10 Hr John GrhI1l then said that ihe hrst count charge
Ansun With having fred the plato, and N-sh aDsVlng h
and the second count tue revege-h o moved nat ne ID
, tct Attorney hitch count he 70 led upon The po
was opposed The ground that testimony might be -cise
rom counsel for defe c. hch fsncers u improper no
Y ID elect Argument heard The Court VIII decide ~
n | on the point Ibis forenoon.
" SIR jim Graham then opened for the defense He cor
tnenced by saying that Tia statement o tue opening T.
a prosecution that Austin snd Neshl had been % spre
that nkh and made difficulty ai various houses has bee
" N 10 MEASURE proved lie alluded u the point maj
counsel for prosecution viii moi select which OF ne wv
my mean Of firing the shot, and which the a
ces.ory Il will be- shown bat Dir. Austin, about oeos
that afternoon subscribe for newspaper and Al Y
Office met M McGowsn-th-y PISSED together ioIO fei
10 row where they Mr. Nerbil. ard subsequently ID
"a smith Ths four called al several public houses, a. !"
ther custom perhsps and tasty called ~ tho Fleiors
iu Leorartst Here proposition was made for ll- VINO
o. 10 70 20 u hi fans n The neighbornood bur
Austin being married mac refused to 60 but bet bOit
f sire that Sesbii and smiih would not bs abs even
get admission the front door. Messf. AusAn sud sl
Ci0yAn passed his ffOnt u shea. the door VI Wit
8 "a, open snd man he wss, asO female the mi
M spoke with anger 10 the female Toto tn- hons
N. theu repeatedly Invited NJ. Austin To 20 down vi
"a an 50 almost against bis will and tho door was u
All rnedaely closed Mr. Mcclure bearing after. on
Gully Ia the basement Mr. ausi5, and several yoic'
IN went ~ he where Sesbt and Smith hsd gone,
an Of The door, and adv Cd hin
ed lhs assistance OF Sir Austin Mr. y DID 90 and In that !"
when he tssfut was made ~ mo
.rsfse nfst fort