The New York herald., 1849-02-28

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ing place IN the basement; they eli drank there ex-
eept wtnsrr; We came out mmsdtsteiv and vent
alors Broadway and stspped into Pintsauxs on the
next block; ihey all drank there, excspt wa
remained there three OF four minutes not more than
6ve there little confusion at this place between
the people that tended the bar and our party:
Smith broke tumblsr, snd the bsrkeeper said aOcn
you, want you to pay tor that Austin said, sWhAt
are you goips to do with that ice pitcher"
came up. and said to Austin (" don't make any
mufs about IT." We the went away; thinks IL Was
about O'Clock when 90 left; then went up Broad
way until came TO Leonard street; We stopped at
the St Charles Hotel after leaving Pnteaux 1t 10
the next beck to Pntcaux; witness did not go in;
cannot whether the remainder IT the party drank
there CT not they did not reWain there over minute;
not say what they went in for except to drink;
from there started the street, and ent to
Franklin strset stopped there at . house they call
the "Voluuteer about four doors from Bread
way; they drank there. | did Dot; should judge We
remained there about 20 minutes after We efs there
We vent down Franklin TO Church and turned down
Church towards Leonard, and down Leonard to Wool
dridgs'r houee; We did not drink there We stopped
there about half a minute and turned out en- the
itoop; Smith and Nesbtt went down the street, saw
them up the steps Of Miss Hastings house; witness
and prisoner walking behind tnem but hat not
got on that part OF the sdewak Immediately In front
of the Victoria when they got up the steps Of Miss
Hastings house when We came IN front of Shess
basement We we're stopped; witness was very in
innate with Nesbtt. much with Aus
TIM Smith before that night him
the two following days, in Leonard street; saw
him once since in the City Hall, ths first time the
trial was set down. thinks II in December oannot
ray Who it that stepped in Leonard street. is
the coroneie inquest; witness left the room mme-
distly after he WAS examined neverssw Pat ick shea
to know him. Of the deceaseds brothers point
ed out 70 hm, but which Of them he does not kEow;
Jaw John Shea, Jr. who was examined here as wit
ness, but never saw him before; does know whe-
tber be was the man that stopped not; the man
who stopped us Was in his shirt sleeves; would not
know him II shoud see him; it dark at tho tims
wac about two three feet from him. should judge;
he stood couple of minutes asking Austin TO go In
raw bia side face rs soon as he got on the side walk
be took hold of AuttiD then looktd round 1t him;
did not notice him much stood outside Austin, on
the walk. and stopped there until he went down; the
perfon ~ho stopped us was young man, bare headed
and In his shIt sleeves, his hair dark; when he
got upon the walk he asked Austin to come down and
hear song; Austn raid he would not he the took
hold OF him by the collar Of the aud repeated the
words, WIN you come down aud hear song?n Aus
tin stil refused, and he pNled Austin towards the
basement, and Austin still kept back but he got him
on tho edge Of the steps and With little JERK brought
no passion; the door shut at the time; witness
did not look at him: after he got bm down be still
and pulled him in with the other; the man appeared
to be about Austins height; Austin did not AK
assist him, and did not think it worth while to
terisrs Austin kept his foot between the door and
sil, to prevent the door from being shut; the
then Aus'in in and showed him the corner;
II was ths lower corner, towards the station house
Austin kept repeating that he did to 20 In
cannot tell whether he put forth his whole strength
prevent his being taken in the whole opsration be.
tween Austin and the young man might be- about one
or two minutes witness stood in the same place all
the time saw no one come out except the man that
pulled Austin in and the woman that put hsr head
out lcannot tell whether she old or q young
woman heard her voice, but could not distin guish
yeur business or 20 into the houseni 1t was either
one Of these he raid whom the door shut vent
In front Of he steps towards Broadway the first thing
heard taid inside was Won't you have . drink %
1t sounded to me like Q male voice could not see
any one inside after the door closed while Austin
and the who dragged him in were on the side walk
they were singing inside most part Of the time when
the door was singing stopped they asked
him several times to drink and he replied sach time
ha UnnlA nf fhau sbn l. To- H..
sirg . sopg; this was before the singing was CON.
msncsd after be had got In he replied be could nst
sing hs was ..ked second time he said he did not
bad himself sung they began to sing them but cam
not tell the words OF tho tune it was pretty loud
he refused, and then they commenced jawipg; the
ja~ing Va. pretty ioud never heard the words shot
other day 1t wac not over half minute after they all
commenced talking when went for the other two
tn.t had gone ,S to Mss Ha.ns WAS kind o,
the station house was In that street I walked
to Miss Hss'iDgs' at quick pace; saw Mes
see Smith Nesbitt was talking to girl In the all
he refused to come with me, and ] came back to
s.s rst"rDia ht. san. ,b nsaso 10
after and vent down; don't think they oommsnosd
singing sssin sitter Nesbtt vent I'M to this time be
threw the door open; don't thinkI heard any glass
or crockery broken; but before went for Nssbitt,
heard romsthng like the ratting Of chairs after Nss-
bitt threw the door open. saw the man behind tho
face; ! only saw his hand the tumbler; / don't
think could see his face; too elevated saw him
Neibtt was outside; he came out it was being
thrown.
To The Cour,-I could only form an opinion IS to
whsther the people In Sheas house ntsxioated
not except from the noise and loud talk at his front
entrance; they did not sppear to show any angry
feeling; judged that after he refused to drink
that the angry feeling commenced; the man with the
shirt appeared to be drunk don't think party
was drunk enough to pick quarrel.
To Juror When heard the pistol, Austin stood
outside the door wsy did not the fash does not
know who fred 1t; eaw no female there.
To the Court-Ssw NO pistol with them that night;
never saw with them before; after Austin up
be went towaI ds the station house there blood
bis cheek remained to what the excite ment
sbout heard some one cry out that man was shot.
coroner that after the lights went Austin out
side the door, did not say before the that the
man with the RED shirt came out after Austin, and
struck him with . chair, breaking 1t to pieces; but
now recoleot the Circumstance that the man came
out and struck him with chair; but did not say he
broke 1t to pieces every thing was done there quick
csnpot ssy whether it was before or after the pistol
was fired; svore before the that Austin
struck on the l.g with the chair; recollect swore
that IN half minute after Austin struck with the
chair heard the report Of the pitol but corrected
IT afterwards BY stating that could not tell the time,
when the deposition read the correction this:
tsid that everything was done 70 quick could not
distinguish the time; raid so to the Coroner, but
don't know that he took The correction down; did
not swt ar that the report Of the pistol from the
street; 1swors thought it did; think Au-tin on
the second etep when he struck with the chair;
cannot positively ray whether II before after
Austin was struck with the chair heard the report Of
the pistol; at the time Austin WAS struck with the
chair on the leg he facing towards the door; said
good deal before the Corop er In pls alton Of my
tethmoDy, which was not taken down; the Coroner
told ne that what had sworn to was taken down sub
staDtisy correct, and upon that assurance signed
my depotition.
JAMES KErNEpr-Isa a physician; resides In Duane
,treeti knows the prisoner; ,aw him hrst TO know
him the night Of the occurrence; saw him la the sta
tion house, In the inner back room about 10 O'Clock
that bight upon examining him found he was bleed
ing profueey from ds his face he appeared to
be uch sgtst.d and confused, ~ II something had
happened Of which he had rot distinct idea; there
were . number of wounds on his head, two OF which
mole i'm portant than the rest, Of which
bis bead which Is sti visibls; 1t inch
and bali in length; it wBs sn incised wound; the
aperture the rim ef the hat produced " pressed
down, would answer to thai part Of the prisoner 9
forehead which this wound IL; think the YOU nd
could Dot he sde with thing but cutting instru.
ment denoted considerable vioen In its In ton
10 10, sAa haas