The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-21


ssss.i to 60 was .uspsDs! y Once. po.ing in TIL.
subject; told Bowling about It.
when yo% s.d that the sdsr%su ~ss too asSsf
TO do the business he wanted him to DO.
Al 10 not reoolleot the answer he made did not
ssted not III acquainted with the man could
then possibly TELL am not acquainted with Alderman
Kelly never saw him intoxicated before
Q.-Is all that you have sworn on your direct ana
cross examination as true as that contained in your
Ayes, it is. II man walks steadily along the
street could not tell whether he was intoxicated
not; Icoud tell that night, that the alderman in
son disorderly In the stssion house that night.
At the termination Of this witness the ease was ad-
Jsurned over until o'clock on Saturday morning.
FOURTH DAY.
The court room again crowded, and the effuvia
arising from the mingled multitude hudded together,
produced an atmosphere more resembling that Of dis
tlery OF bad rum, than court Of justice The testi-
mony eommenced on the part Of the prosecution, BY
calling
NIeHArL LYONS who testified reside at AIS Pearl;
attend liquor store clerk for my brother; know
Alderman Kelly, of the Sixth ward; saw Alderman
Kelly but do not recoeet the evening; it
was about O'Clock; that night the alderman drank
once; don't keep account Of the drinks persons
take the alderman perfectly sober that evening
1.-THE MAGISTRATE here remarked that he hoped no
more witnesses would be produced, whose testimony
irrelevant and did not touch the matter at issue
EDwARD RILEY, being sworn, ss,s-I reside at 20 Elm
street; am policeman Of the Sixth districts the
night in question, the alderman in Mr.. Lees
porter house, centre street; about O'Clock,
attracted to the spot by noise inside the house,
heard loud and bosterous talking inside looked In ct
the door, and saw Alderman Kelly and others Rida-
book, and two or three otherscommonly called paper
boys; enc called Lemons" another g Rooney"
aughter0 Sullivan" &C., they go by various names;
ther; think about politics. they were drinsingst the
bar; they were, should say under the influence Of
liquor; they appeared to be much excited; | consider
they able to 60 home in the Of the
eation heard Alderman Kelly say he would bet Ave
dollars TO twenty shilings that he alderman Kelly
mild hat nhD Lao yatau than ,,nR
election the boys seemed not to be able to raise the
twenty shilliDgs
Cross-eIa8ailation bg ALDERMAN KELLY.-On that
night took one Of these boys into custody, by the
name Of Sullivan, the request OF Alderman Kelly;
did not see the prisoner do anything to justify me to
arrest him. stood looking in at the door short time;
less than i've minutes; have no personal i'll feelings
towards Alderman Kelly; may have politically, but
don't consider that dsliking man personally.
Q-Haveyou used any profane language and abusive
epthets towards Alderman Kelly in Dr. ONeils store,
corner Of Centre and Pearl streets and il what was
The witness here objected to answer the question.
The magistrate ruled that If the would not tend
to degrade or crimnate him, he must answer the
Al was told, in Dr. o'Neirs store that Alder
man Kelly reelected should be the first man dis
missed from ofce remarked that did not care that
asked favors Of the alderman; that about the
substance Of the conversations don't know whether
used any more violent language than on ordinary
occasions.
That the alderman a d. sooundrsl and loafer,
son Of b.h and that you did not care d-n If Al
aerman Kelly was elected!
A-The last part is about true, but never called
man the former names but thought the measures Of
the alderman were tyrannica; ] might possibly have
made Of those names; but II did meant polit-
eally and not personality Qaughtsr don't think that
j made use Of the same expressions In Mr. Sherocks
store; have no recollection o. 50 DOING nave not
Custody.o
Direct examination BY CAPTAIN NAosrs.-wss, or was
not, the conduct Of Alderman Kelly, on that night,
such that you deemed 1t advisable to 60 for per-
son to take him away from Lees porter house,
Ad%an Esy Wss removed Il would sop tn. dis
turbance; went for friend Of the aldermans John
Mcintyre; one Of his lthe siderma.D body guards,
vent in and spoke to the alderman the alderman, at
that time, under the influence Of liquor.
Elm street; am policeman Of the Sixth district;
in the station house the night or morning In
question, when Alderman Kelly was locked up; re-
manned in the station house. the alderman sitting
on STOOL resting with his LEFT arm on the desk, sway
ing about don't tsnf ne W.: sober. thought ~, he
policemen; the aderman's face red, and he kept
swayins around on the stool.
rial.
JANIS NrsnIrI, being sworn. on cross examination
attend bar for my brother; was in the sixth district
station house on the morning Of the 18th instant;
heard Alderman Kelly converse with young man
alderman spoke to Woodbridge; thought the alder
man In speaking stammercd very much; the alderman
did not speak louder than the Others he stammsred
any one would under as supposed, the influence
Of liquor; heard Captain Magnes tell the alderman
and the alderman replied that he could not insult him
Nsgnes was beneath his notice; 1t was said by the
alderman In stammering manner was sober on that
evening; I drank liquor myself that night; WAS not
under the influence Of liquor that night; possibly
had taken several glasses ! may have drank three
language on that evening" did not hear the alderman
say that he to the station house for the purpose
81 iTS Mr. remain so
desk; have hostile feelings towards the alderman
ass mani am opposed to him POLITICALLY
lighter by Alderman Kelly
The magistrate here intsrposed, and said that he
would not allow the witness to go into the lamp bus
ness; was enough TO remain among the police
wIrNrss continued and said that ct,cer woodbridge
came inside the railing leading behind the desk and
took the alderman from behind, by the order Of Capt
hsgnssi did not see the reeng or s.aying o. the
don't know James Hogan sewa young man In the
station house that night, called Jumps" Uaugh-
cells, while he went t. get somethns TO eat during
that time took iodger back, and Loeb cd him up, at
the request Of Captain Gsrdneri ] am not police.
frequently before used the keys but IL was when
policeman; the handful In question have given
Direct, by Captain MaGsIs-Aldernan Kelly was In
the station house when came In.
Question ty Justice MouNrfoRr-Was Alderman
Kelly under the influence ofliquor,
Al should cay he was / believe he was, although
he might have been under the influence Of opium.
abe prosecution.
The ALprsNAS opened his sas, for the defence, and
called 10 the stand
Jous LarDES, who being sworn, s.ldi reside ct No,
81 Pearl street. am printer by trade had been at
tending to my business all day and on coming home
between IL and ~ o'clock on the day in question,
n week ago last Thursday, stepped into O'Mahan's
porter house in Centre street. person came in, and
iold me that the alderman was down at Mr. Lees p0r-
ter house surrounded and beset By what are called
hat. Brennsn's boys, and that had better 50 down
possible, and stop the NUS; vent down
immediately, and found the place quite crowded,
two Of whom were using abusive Lam
cusge, and threatening the alderman; sndesvorod 20
prevent any violence being given 20 the alderman and
MIR. Ridaboek this young man, called sullivan, vas
abe one who Threatened violence the alderman re-
quested tsnce Sullivan taken out By his friends
but shortly after rushed In again and struck the alder
the forehead. The alderman then ordered Of.
fccr Riley 70 arrest Sullivan eur way to the sta
tion house, Mr. Rdabock asked the alderman to re-
lease person detained In the station house for dis
orderly conduct, until the morning advised the al
dermsn not TO 20 into Sulnvan's the corner Of
FIsnhlip and Centre streets, to write out ths dis
charge, as some Of the young men from Lees store