The New York herald., 1850-04-08
Trial Of tho Brother. NIontesqu,ou.
(From the st. Louis. (Mo) American, March IL

CHARGED wrru ImK MunprR op 7. 4. BAnNus. AT H.
(From the st. Louis. (Mo) American March III
AN.r the jury had been sworn. Mr.. Lakeland opened
the the jury and read the indictment charging
tho prisoners with vilful murder of Theron Kirby
Barnum. by shooting him on the 18th Octobo. lsty,
from the effects OF which wounds hc lanyuishcd uatn
Nov, mbcr 1th. and died
Amer the reading of the indictment and tho act un
der which It had been found and 'hc prosecution wa.
preceding to call witnesses Mr.. Bates arose aud
stated that pclf and colleagues had conferred toge-
ther, In reference 10 the propricy Of requesting the
representatives Of the press present TO withhod the
publication ~ the evidence. until after tho tcrmi
nation Of the trial. that they had agreed upon making
such request through the court. and hoped that his
Honor, Judge Colt, would coincide with them in the
proprcty Of it.
Judge Colt remarked that tho Court possessed no
power restrain tho prc-s in this matter bat that
freely eoncurrcd with counsel In tho suggestion that
rspcrts Of evidence should be Withheld The Prc.cns
charge wa< that only Of killing T. N Barnum. Ano-
thr indictment stood against tn" prisoner- for thc
murder of Albert Jones. In ompannellE.s jury in
the latter case great difcpJ would be experienced
II the evidence about TO DO elected TO go before
the public lie hoped, Therefore that th, reprscn-
svs Of the prcs would aeccdc 10 the request of the
MIR Theron Barnum esiied.-On the 2Sth Of October
1870 ~ l standing with my nephew, Theron Kirby
prrnuin, in the ofcc II the city Hotel. he suddenly
exclaimed here ARRIVAL ON looking towards the
street, two buggice In which wcro seated the
| defendants in this cas.-Gonzalvc and Raymond de
Montcrquiou the buggic. contained number Of pack
agc-. guns &c; remarked did not care about re-
eriving the men. NJ tho house was rnth"r crowded;
1
would attend to them went to my room and saw no
more ~ the men for some time-wheu 1 ssw them,
with of my servants, going to room No Is on tho
\ fret floor. on Vine street: went 10 Mr.. fogg. my
clerk and expressed by dapproval Of their occupyin
No. - as u was next To the family room. and thcy
strangcr-, did like their appearance, re-
| qucstcd MIR. fugg to remove them 10 n room on the
third noor Third street front; saw bu, little oi
them whic In tho house, Saw tho younger ono Uiay-
mond) enter the dining on Monday; he approach
ed chairs reserved for ladles; nephew pointed
him to another scat; he appeared confused; I bo-
lay \ tli.m hat ut ter snH N
| drinking mt tho bar; do not know what he was
drinking: saw ths Two tcsethes in passage on
| Office floor. short limo after tea; they were
eonvcr~ing; did not notice them particularly; re-
tired 10 bed about twenty minutes aner 10 O'Clock,
| ON Monday evening leaving my ncphcw Ia charge of
tn. osce: stout fifteen minutcs before H. awokc
hy tremendous rap ON tho door ~ tho sage Lead
! oh. get up. Nh Barnum. they have shot Kirby. and
Killed Mr. JONES' sprang out of bc,i. aud. quick
~ pos.iblc, made my way 20 The third story, aud
hurried to the room occupied by my nephew. No.
81; found him lying tho floor; his head was
- pillow; he WAS supported by Mr.. Brookman; =
% to hi sid.. wh@r. the the blood va. streaming % oas:
l called for assistance, aud laid him the bed
In the room; he exclaimed. - My dcar uncle, you
slot me 80 Immediately started out; found thc
younger one raymond surrounded by number cf
persons; hc appeared TO be asking what the mat
ter, ! seized hold Of him. and said, lie Is one of
th,m 80 some said. A" take him to Kirby Barnum,
and II he will recognise him; while going To the
met Mac mber; asked him " hc recognized that
msn, he aid he ~ss the man who did the shooting,
The frrnehnan placed tho outside ~ the room
whore he shot FROM Macombcr the inside. he said
he was the man. he asked 10 look again, said he
vas positively the man. Ny nePhc~ VS.. asked
to lock at him, hc the he'd alongside ot tho
window. hc, few inchcs higher than bo,,om of win
dow lhc Locked through the window; said he ,he
man; told thcm there was another of the Wrench
mem went in search of him. when near the room,
Raymond called cut 10 his brother in Prcnch; was
leading; saw GonzsL,c standing In the room, hs
made y sudden spring. aud scixcd gun I fol-
lowed him so cIose that when he icvriicd ,ho
gun struck u aside, aud seized him by tho throat;
two other pcrsons caught hold of him; thcrc q
seycrc stfuggic TO get the gun from him; They were
taken away w two police ufcrr-, in my wagon; Ray
mond drs sscd when hr-t him in the passage:
Gonrslve only partially drcssc-i he had cloak
sask euat thrown hs shoulders; there were
rs guns In the room, three loose, too thrce
werc double bsrrclcd. the defendants brought them
there: did not examine them; the officers took them
away; my nephew lived until the Tth q November:
he died At the CITY Hotel; am proprietor ~ that
prctor at hat time in the othoe hut nttie my
ncrhs~ vas principal mansecr he wss Wounded In ,hs
spu- tho charge entering the back and passing out
urdsr and through tho arm; hs did not think he
would live; on tho sunday morning AFTER he v.
wcunt,d I've todd he had expectation of nviag,
said he willing 10 die, flt perfectly resigned. but
aid it will kill my poor mother, he asked me "
write 90 his mother aud father; he Wa then g-tNng
wore. he assured me be was nct mistaken abcus
the man. Monday morning he wss vkiscd hy
the Rev DR. Bullsrd who prsy,si With him; no was
prrft ctly calm and composed; wri,scn state
u,ent wss made by Dr Olphsnt; II wae signed by my
nephew he said II contained all he wth', W say. "a
rarcr was shown witness aud be asked Il hc knew
ihc signsturc) this is my nephe~'s s'gnaturci sss
HIM write IL: II il not coed his usual writing hir
hand eold when he wrote ~ he vas IN Ms t~cn-
tcth ycar; very tail; had bccn IN good health Noun-
sci fr the defence ohctcd 10 the declaration ot the
dc.cssed bcing read in connection with tho evidence
81 Nr nnrnum. Overrted)
Ilc dying declaration II Theron X. Barnum wss
Then red w Mr. wright u stated IN substance thas
on the night e the th of Octobcr. a. be vas unsrre
ing lac ssv the smaller II the two Grcnohmen creep
inE shy towards the roo,n, nth gun IN his hands
lhe d'cosssd called 20 Maconb~r that the fr-nchman
was gng " shoot him and rushed towards the door.
exclaimtng Tor mercy's sake, do not shoot met Tho
fr,rchman broke tho pane giss With niusslc q
HE gun sud hre-i. the decsa~cd fll sounded In the
entry The deceased kncw of csu~o for grudgo
| against him by the fronchmsn
| Examination continued The dcccraed mad. NO
1 other declaration he said he the prenohman
rcsk the window with the musglc of his gun, he h.i
not bc"o in the room more than a minute hsd oniy
tai a