The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-17

COURT OF OYER AND rERMinER.
Before Chief Justice Edmonde. and Aldermen Kelly



Chapman.
MURDER GILLESPIE, FOURTH
SEPT &c. Joseph Clark and John D. Brown were in
dcted for the murder Of George T. Gillespie on the
morning Ct the 10th July last, by striking him the
Mr. r. H. Morris on behalf Of the prisoners deman led
separate trials to which the Court sssented and CLARK
was then put upon his trial
The District Attorney opened the for the prosecu
ton II appears that the moraiIg of the 10th July
sailors creating disturbance the
tf Cherry ard Oliver streets aad that two policeman
Gillespie the deceased and suivan went to the place
WI the noise proceeded Of the sailors
away TO their boarding houses but Clark and Sullivan,
(he Prisoners attacked Gillespie with cart rung and
felled him 10 The ground. aud, when down, beat him
until the hack Ct bis head was smashed
George Palmer, seaman. being examined, deposed
Il am q native IF LouistOwn, Delaware county in
July last beaded at Is Oliver street between twelve
and oclock the morning Of 10Th Of July, | was
sitting en- the steps OF my boardiog house aud fell
asleep there was awakened by my cap fais Of and
went into the lard to get drink Of water in
went TO what II and Giles ie lying down
and Clark (the prison err with club in his hand srlk
Ing him while on the ground 1 knew CLARK by sight,
and faw Lin strike the policeman three blows there
may have beeu five men there am quite positive it
was Clark, as spoke to him told him he had better
90 up stairs 10 bed he said nothing but went
up stairs l went to the station house. and found
GillesIie struggling with death was locked up there,
and detained n witness, in the Tombs Clark had on
black clothes ard black hat not u sailors coat but
ioIg enc
ceposed TO the same state Of facts.
- Pumbly deposed-My home Is In Philadelphia;
ny business is seamsn on The morning Of the 10th q
July bcerded In this city; heard roise in the street
while was in bed; the window open; the no Sc
heard from policeman driving people home; the
house. heard nothing further before got of bed;
went 70 the window and fEe in the strest
the samrside CT the way as boarding house, three OF
the went of that side walk TO the opposite sde
Ct them back again; those two 10 whore the
policemen were standing; knew they were policemen.
becsuse cav their stars and clubs; saw one Of the two
We "A M Qr he had Nsfeh slrfk
knocked him the side walk with his head towards the
curb sonei up TO that time hao either Of the
poieems strike any OF those men, after the bios.
me second Policeman try to get up an alley then saw
the MAJ Who knocked the policeman down make second
n1w At ,hs p.esran going up me slsy saw three
the street. by the al who knocked him down. the
blows were apparently given the head; the club he
had was about three or tour feet long, when the
gave the three blows he hovs the club Ia the street
ard came into the house where (6s Oliver street,
and no stairs the over me; he entered In
at the door under the win dow where wGs did not al
the time the blows being struck know who struck
them, but recognized the man when hc VAS coming up
Fe stoop his name u CLARK the proner 10 that man.
bad fsen him the evening btf1rs
To the Court Il saw Clark that night. Afterwards IA
CT then recognized him ~ the whom I saw
STRIFE the blows.
ToNr. Blurt-The sesond policeman was trying TO
and cried murder
To the ccuEt-I an second mate and an paid s12 per
month
Cross-ersrinsd hut rothir g material was elected
Doctor lie Roy Physician Of the City Hospital deposed
that Gillespie was brought there the morning Of
10th q July found several vourss on the rcaig which
weIc bleeding he also bleeding Of the nose ard
ears found fracture the head, left side back OF
the esf the ether wounds anterior aad ~ the fe;
there we're wounds the head sItogu be was
infeusble when brought ia. aud did not recover his
senses he tEersd two hours and died. made post
sn@r EXAMINATION, and found extensive rassrre 4
The skull ext rding from 10 also large clot Il
tooa beneath The bone, on the right side thcre wbs
hcient 20 cause death; thnk the wound the back of
the ear Killed tho man
The Court took recess at one o'clock
EVENING SESSION.
On the -asseInbng OF the court Miohsrl Sullivan
police ofieer csllcd aui exauned by the District
Atiornfy This rtness d2osei % the number % per.
sens that were sssemhled the morning IN question:
thspvore preparing 20 fght and wete vsry noisy the
night was dark Gillespie remarked 10 them III l. time
you 50 horaego 20 your lodeing homer. one OF tbsr,
who had On spotted shire ssd De ,ar5sd there; said
"Jou do not lizard here Il l. scaoon W. were then OBJ
noeiie TO The Fublc school another ssa board next
uocTi tMefpe then SAID. $50 home,n and ~ tbs
time Put bic hand on the man WOO eisnched Gillespie;
sud don't % L don't Go this ard separated them;
.i.se and ts man vent aSay abon. three yards, aut
they bsd anttter tussle toe wtDefs thea ven. 10
d.forbe The difficulty. and sad that Br0wn va the mao
who lad the ifst difficulty, heard bow aud saw or
lspe fsli saw tie blow repeated; the uaaa who feed
othesIie mad. blow q ne; halooed aod cot assist
anes .t sp,e vas then laying the sidewalks Clark
was not struck ~ say
On examination by sir Morris thi, witness. snid
that Gilespie struck CLARK with his club on the arm
Michael Wogsn. polic,man u the Fourth ward. de-
he stsed what he arrested bin for the constable pre-
sent tad 70 prisonef"ion know; put on your clothes
aud 90 With the ohccr' had conversation with him
IN spoth'r room while the Cjronsr vas hodla bis ex-
ENr r. II Morris objected to any conversation Of the
rrfsoner while In the custody II the Coroner being
given in evidence against him Digestion sustaaed b.
he Court
John Neil deposed thst h. lives At So oliver street and
on the morning In question be heard row and noise
" Ike ~ W some one was kuockf A Liz dr. down:v
vent down stairs and sftr The Transaction heard one n
The men ssy--.s.fved him right the man with the
red shit said this
WiAtm sutton feaman, d,pos,d that his home il |
iteip2o tosTced In Wster strset in July; belongs
In The semsthip With mo; he LINED IL in riveroool: the
psiive Of Liverpool; going home with
- prisoner aho second mates ust sohe frlsn's; the
,rs e me ~ u 81 rcrse as; q the of:ers bit
.hrg q toe affair.
CToss. examined ~ Pr Morris-I, was n GENTLE tap
w Tol. -msn club (lausiter) never !. cpe3 %
~ WY ~ O. IT, bit tt"ugit D. quite time oru when
. gave Re thah 2 O. the STERN. (fsuxbtar1
bocto Hiitn wLo zee IN tie neiShtoihYoi q, oosej |