The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-14

DrcxMsxs II Bsfoss the Recorder and Atdsrusn Ball
and Oakley.
era oE or SHOOTING WITH INTENT KILL.
Shepherd Brown, against whom an iadicsn,ns was
found 1t the last term vith shooting e csptxn
II. Hon szGo,ernor clsvslasd " c. troa Connect
A. Oakley Hall, Er9 Assistant District Attorney in
opening the remarked that defendant had Dot
ne
evipced By the sppesEance Of the honorable ssntemsa
Who had III. bis duties It w.:Aingtoa TO couiuc. the de-
fence The defendant indicted under the 36sh 3ec o
the r. ofwha. Is technically called assault ana bstts
~ with intent to kill next to homicide ths highest offence
would undoubtedly have been murder and Indeed they
must find So to enable them to convict him OF the
oond They must be satisfied, not only Of tbs shooting
but the intent and whether tbs party hit not the
offence would be complete Shepherd Brown the defend
ant was informally connected with certain COMPANY
Harrison the captain. On the sth OF October last
target sxcursor being projected for the following day
Tie company met and they unanimously oSins.sd
pointed and vexed In his mind against captain
Harrison, though be, it seems, his frieui but tia
defendant did not appreciate it. aud the next morning
he called on the captain some else and said that
IL he did not 20 the company or the captain should
not They Afterwards set OUT and the deen:snt was
there with his musket, and followed them co Canal
street; when at the of Elm street. he slipped
the sidewalk, raised his musket and took aim
serve that he had his musket loaded which not
uspal when company was marching through tbs city
He fired with such enect tnAt, though the Dali Or
did not hit the conclusion was such that Harro, vas
Knocked down When arrested, he msds remark that
he glad he had killed man and he was sorry he
did not k another; he knew what he had doae and If
they liked, they might go and bring rope and hang
him once. He then called
Alderman Bard, Of the Fourteenth ward--He dspossd
that the 9th day Of October last at 10 in the
ing the company (the Live Oak Nolunteers) pass
ing through canal street. witness Was on bis own pre-
misses IL Canal street; at the Of Elm strset
saw man step from the side walk. and level masxet
at the head of the commander OF the company; the
r.. fxxw. h.aA NJ ek. tx.
fell witness supposed he shot; the Captain turned
his head quicily, and he turned the gan was dis
sh;ns mo rI than A S.nS csrrdss v o.rsons
rushed from the ranks and seized the prisoner vaess
then interiered spd policeman vas there gave the
into custody; would lot be able TO recognise the
man; did not think he took deliberate ain; IL was
dsne quickly almost instantly; the report WAS heavy
Cress examined by Mr.. A. A. Phillips His stoes was
on the north side this took place Of Elm and
Canal, about IS feet from him. the sidewalk well
filled perhaps a hundred persons between them
think the raising the piece wsud have attracted bis
attention If 1t had not b6en fred
rate aim but the muzzle pointed towards the mans
their muskets he was cut and bleeding from the head
when witness got to him he was very much excited ,
the company went few and the captain stayed
If he had been there witness believed they would
officer Who had him in custody and then they p.sssa
on the captain went to the station house.
Thomas Mitchell, of,cer Of the same ward sworn
rested the prisoner who said, had |. in for him good
Il have Killed one son Of alb, but meant to kil
hang mel don't caae ed d-n about being hung
witness took him TO the station house aud got doctor
to dress bis 1.-THE "-i,ner wounds he then returned
-e;ajaal a bali from the ground, he found mark,
iion o ave- days as he supposed and one ball; only
-is1 -s-seany pa5ssd him. Brown behind them; he
saus II harry like, with muske.; soo1 a. be
asi he s.segsred back as from the overload Of the
he canfa ria nii aid
81 giripg command, and the lieutenant beside
.hl pr dropped the muskst officer OF the Sixth
var ave IL to me. (Musket produced. and witness
showed bow he prisoner raised it and freA)
Czoes examined BY Mr.. PhilIDs-fhere was Q great
stosd IL froot and about both the Ragged 5aa and
sths Sidewalk Committee they were called-two diff
ferent sects; the company marching down towards
the North River Brown was on the right side OF them
the witness; thought 1t looked suspicious and
watched him; he went up that witness thought
he going 10 speak 10 kieut Fisher; thought be
going TO give the gun to enc Of the company when he
ssed the gun to FIRE witness could not being the
other side, what part Of his arm shoulder he put
the butt to- be saw all he was elevated on the
stoop; from the spot where Captain HArrisou fell
% whefe the slugs struck ~as abou. thirty yards
Captain Harrison ut the station house
thought he said he had been struck but did not know
whether twas with ball slug or by the coneusion he
bleeding at the left Anisvit OF wtue.s before
Justice Mouniort handed up lie had sworn that Capt
Harrison struck by the shot and he thought 1t was
cut by slrg he believed the language Of the prisoner
was II had Il in fer them good not him he believed
the piece suec the al Of Captain Harrison to
an him Brown was bout the middle OF the company
when be fred the rt section had passed had examined
the marks on the building svout two stories high the
marks looks a. II the shuts had glanced upwards the
muske had ttr discharged when he received It, II went
Easy enough at tie full but could not De irel 1t half
Julian @ Harrison Captain Of the Live OAK yolun-
GERS Saw Brow he ssSe that mornfny at the hall
Third street had been in'o.rhsd that he na1
At his tous- before forming the as OF march defend
ant asked hin vby he could witness said hs had
hsard reason Be himself Ia his going but
ne had TO submit 20 The majority Of the compsny he
NU
little intoxicated, ne speke twice the subject; he
saw him ust boF. they formed in Third he had
only bic gun; G-essed In citizens Clothes witness
observed him again IN Columbia street ana asked bin
20 step en- The dsrtE ard net 70 interfere With the
company lie did 20 very peacesblyi ct the corner Of
rsS spc ssoorG ssion run close to his
lace; did lot rsetI.ct any more; did not remember
hearing the report he thought he shot and asked
there any ttn in *; the section. were about ten
feet apart; always lad ee-n, and still on most
friendly terms VI ne defendant
To the Court lie net iniured--he WAS wounded
IN the left n Ittle; Il bed but nothing serious
Crose exam ned ~ Mr. Philips * new Mitchell the
onser had iod Dim thst part Of the charge sruck him
that vac - potesT, rot the slugs or ball. .-
The District Attorney then read the statutory state
ment Ct the J-eots- before Mr. Justice Moun.fors
he 10th day Of Oetsost last, aud rested the ease
By this rsttnsrt IL spp@srs that the ccused is ma
tive q CantsTbury Conn, % years OF age IL married
and has child 6vps and resided at 81 Cannon street
In reply q u. s-y question the offence ne
Piled They say % - cone, and ucant be hsped nov;
but have nc s-cl.c5sr q It, have nothing 70
Mr. PHILIPPE oTsred he foi the defence conteni
ing that there IL the discharge Of the gun ut.n
ton 70 take life ARR spesking Of the importance u
the nveetgAttr q tts prisoner and his family well A.
20 the coIE zniy ~ TSs.d question whether the
Indictment could = su.tsnec under the statute berg
rorded at canmop Lac fer an intent with mAlice
atofethoueh q Ill az murder lie then reviewed the
evidence skirg them they could and tina; the intent
sss made ou e 80 captain HsrrsoD and no one else
There could b motive ~ al for that, a. Captain
Harrison bis friend he pointed out the iscrrpa1.
eies between TIE Greet ado eros examination . 20
whether the gun raised the shouder. AMI the
pressions used They costeBded The am was no, raised
20 the shoulder and accidentally 1i,s- baryet and
you'd slso prove TIE d.f-ndant's character
Mr. F.her. Lieutenant q the company. exsminsi.-
Was on Brt~rt gtt hand ade Capt Harrison was a
Few feet before I'm. chen the gun dscharssd IL was
m this position (resiiion shown-elevsted bat not put
% bic sbeud.r) ths Captain six or eight feet from
Brown.
Thsddeus Ecu member Of the company and
testified 70 The same effect the butt Of the piece
ss just above tie hp did net see the anxer on the
trigger.
David Brush. another member Of the company mad.
vrfsr IL