The New York herald., 1849-02-27
Court or Oyer and Terminer.
Before Judge Edmonds, and Aldermen Stevens ana

Se'0i0 'Suss Lamonds, ana Aldermen Stevens ana
Dodge
TRIAL FOR hrRDER-FouRTH DAY
phs' 1o.-hi"r me Judges had taken their sests the
nS INC JURORS were called over, and the trial was
Daniel D. HERoGAs ex.m'ued-wss assistant CAP.
CURE nee; duty the night Of the 18th Sentsm
tsr was In the station house ut the time vas Mt out
oy captsin Carpenter to rslievs Captain DeWiut,
tearing that the latter, who was excited. would get
into rome difficulty; came far a. Van Aliens stoop
ssw four officers there; heard OF the say fou
does not know how many barrels it had; thinks he
rave to Captain Carpeuter At the 'ati0n hou In
about minute and ha'f from the time hs received
"; had NO opportunity Of becoming blsoiy while in
bis po,sestien; he dropped blood It; there Ia q
lamp opposite the Victoria; at No 5O the ether
side there is one opposite IS; Is positive whether
There il one oppo,is thu coal yard or NOT: th.r. ia
another lamp between So and West Broadway
Robert DENisoN examined TO prove the correctness
OF tbe mtdet OF Sheas premises, and the adjoining
houses aso the correctness Of the street plau to
'how the position Of the lamps in the street
sppesTed that the whole distance from the staiion
house 10 Shtas house IL one hundred feet and from
ne area where tse pi'tol was found TO the station
htuse, sixty feet; and from the ,ams point to Saess
mouse is ferty feet; the distance the house
10 where DE- Wipt met Austin va. twsn,y five feet
Captain HoRoGAN recalled aud has crass erami
resumed.-Wss standing oatsid. th. raiing wn.n ths
pistol was handed TO him; there q considerable
crowd around at the time did not and 1t to any one
Iouno no person examined It uni til took IL to the
station house and gave to Captain Carps car.
RED In his hand his hand on the stock I'D not lock
after handing it to Csptaia Carpenter; it wa. Keefs
Rat hsp dc II to me.
DArIEL CARPEn1ER exsmined.-Is oaptai, Of the
fHtn Detricr police; was captain thr 2sth Sc
btr last Was on duty at thu station hou.. on tina.
night; there were with me Herogan and DsWiut; left
1t in consequence of hearing report Of pistol pr..
vious to which heard there di.tur in the
street, "a came out Of the station house gave orders
to Horogan to call the men, as supposed there was
some ttbIg serious; as was going out Austin CON-
ipg In he had dark colored coat; his has was in
his tight hand; 10 was white hat. Here the witness
the time there was deep imprs on his mi nd
at the time. that he never forgot Austin since His
hat was IN hts right hand asked him what was the
matter; bis hand was to hts mouth, which full OF
blood; there were wounds both sides of his cheek
and one on hs forehead; told Horogau to take him
and send for Doctor Kennedy as soon as he could;
then went out towards Sheas house. thinking Aust
was the man who was shot, and met Peter Robinson
To the ourt-It Is about twelve feet from the mid
die Of the sidswak to where witness Austin thu
CouRr Are the houses at either side Of the station
hou,s ussd FOR public purposes or they privat,
wrTnr.s-one of them, No. 80, 4. house Of prost,
tuition No. 62is porter house, and the only on,
open that night for any one to 60 into.
Direct examination witness said to Austin
"JohBDy In the name OF God, what Ia the matter,
that 10 eli raid; he addressed himself to Horogan
(beipg better acquainted with him than with mel ant
taid What does all this meant! gave directions &
search for the pistol csntsay from whom got IT, tn,
pistol now produced 10 the same; Is In the same STATE
now that was then except the red tring there were
y
clothes produced are those which he had thai
night they were not taken of Sunday night sftel
Was over the bosom Of the shirt vas very
bloody; he was bleeding very profusey from the head
the coat produced the worn by the prison
er that night the bat produced s the one hs had
on that night examined the pistol that nisht Ton od
s1sminstion there were marks Of blood On f. and
that four barrels loaded and the other two
1t was Alderman Adams that examined 1t; | was pre-.
fent, ana saw him do IT. saw nothing else with the
prisoner; sfter got to Shes's house ana saw what
happened sent for the Alderman.
Cross e1sminsd- Knew Austin was attached to tho
police Cf that station but while witness wa, a
fioer tbs blood vas on tho brss oh and some on the
barrel Of tho pistol thinks it not entirely dry
when witn it; does not know how it h., dssn
peared from the pistol or whether 1t has dissp.
psared tWitness here points out to the jury the
spot on which the blood was My impre-.ioa is that
tion house 'sw no person with Anstin ~ the
time; tits possible there might, but think not; I
bent forward think he did not wash himsclf iii
the doctor came. Witness brought Shea to the sta.
tion house be might have been there before after
witness brought him there the clothes taken Oh
by Austin himsef ON sunday, and left by him volun.
tarly be was confined to his beo oil the time between
Els arrett and dscharge he very weak
witness had to assist him twice of the bad he
took bis drink through tube; De Wnt was out about
seconds before me; he before the report Of
the pistol did not 20 out until after wards he was
on bis back from Shea's premises at the time got
there; there wsss light brought there shortly after
know the deceased lying near the fre place With
his head pointing disgonally towards tho window my
npitttion y, me door wss vide OPEN kept the sailor
man IN custody for day and half, to bs Witness
until the Coroner told me- might let him TO-
Direct examination resuned Recog missed the prso-
Der the moment saw him; | met him On toe thres.
bold OF the door, where saw him hrst observed his
face to b. quite bloody there light in the room;
cannot swssr positively that there any light out
iss sps inner aoor s.o.ps th.t BY tho rule Of the
other person in the o. ACC hail. after going the
first met vas Peter Robinson, in custody OF DsWnt,
to m recollection; thinks there is another lamp be-
sidss the Victoria lamp the side, and short
dstsncs from it; to the best Of my recollection there
s lamp the opposite side that point except
that at 6b, until you GENE to the corner Of Church
street; young man named Smith came to toe station
houss about the time, but does not know whether he
came OF his own accord or was brought there; saw
him there about ten minutes after Austin came: he
WAS not there when left
Aid.rmsn ADAMS examined = Is Alderman of the 6sh
ward, resides in Chprch street, short distance from
the station house went from his residen to Shsss
houte when he got there fou nd grrat number of Der.
IONS there; It vas about half past nine O'CLOCK wnsn
be got in told the officers tsxe charge Of the front
sno back doors and TO allow one in OF out; Snea
told bm bis son was shot: saw the deceased lying
the bsftment then searched for the pistol nd the
room, and gave orders to search outside; while wit
psn was sesrchiDg Horogsn came in and said they
found the pistol; illness went to the station house
and cav it; the one nov produced IL the same exam.
ined The pistol and found that barrels loaded
room; Smith wss outing on the table, Austin on a
char and DR.. Kennedy dressing his nds searched
Smith and found NO weapons on him; went to Austin
next nd told him be wanted to search him; found q
pocket book, pencil case aud some change in his
pocket; found the stone now produced in mis- breast
ckst; ne said 10 Witness "AiaermsD, what does all
tbitmtAb!p witness told him to be- quiet as the doc
OR VA dressing his Wounds then vent back TO Sheas
houte brought Shea down Co the station house; he
webt into ths rosm and pointed out Austin rs the
Fan that shot his son; there We Of altogether
IN tbe loom 1t ths tune Austin ssksd witness what
the charge vas against him witness replied he was
soIIy TO tsn him it murder told him did not
want bear any thing about IT, and to send get
hie cCuneel.
Q-At the time Shea said that was the man was it
loud enough for Austin to hear!
Alt was loud enough Tor every one in the room to
hear 1t
Q-Did Austin make any remark or reply,
No; Austin vas very weak ~ the time; the doc
tor nd witneB had TO atist him the room TO
take advantage OF the light TO hts nds; there
was msrk made while witness remained; witness
left immediately having heard that SheAs house took
FIRE; did not know Austin before thae night bat might
have ftep HIM
Crosr szomned j rem ember stating before the Coro.
that told Austin to be quiet that the doctor was
dressing hs Wounds and that good care would be taken
Of him ibis wss before old Shsa into the back