The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-15

ono H0RATIO nALIx- CAUfION 70 RowDIH.
The circumstances csnDested with this fatal ARRAY in
which nan, named william Berrin lost his nfs, were
fuzzy invutssaed BY Coroner Ives sad highly respects
BILE jury yesterday at his oee n the City Han At
eleven o'clock The forenoon the answss
ed to their names
ysbaahsn 4 Brush, G Hard,
siias w. spsuidisg, Patrick Fay,
David Brisn. John vandenburgh,
B~pj Hasbrouck, George Dsvehn,
Joseph Quinn, David Kent
The prisoner, Horatis Malix brought In BY Captain
Dtehett Of the Fourth ward police and given In charge
70 his officers He kept In irons during tAs Inquest
Malix appeared . powerful, muscular negro Of about
twenty years age He neatly ave feet ten inches
In height and bis csuntsnanc is rather mia without
presenting any traits Of . violent disposition.
Charles StsI hens being duly sworn deposedI reside
ct Ply mouth. Massachusetts,; q seaman; am mate
Of the schooner louisa; have known the prisoner fog
schooner before he mast left the veesel last Ssur
day night between the hours Of SIX and seven o'clock
then alone; went into store Ooentiss slip; IL
liquor store; 1t formerly known the HuHl-
gate Pilot ofhce; whom there tho prisoner Horato
Mai1 came in; We then started in company for v.lk,
lsst hand side do not know the number do not knew
who keeps the cellar 1t . house, asked per
nssiSn for Malix to como down; the said he may
come I'M" stayed only for . few minutes, a. the
sad he did not wish TO remain where he not
wanted; he and then game mp on the Sidewalk; We
manned In abe cellar not more than ten minutes; ths
prisoner thought he rot wanted, beisg oeiored
man; We then went into store which 10 right above the
liar On the corner had somcthiog to drink bat do
not resolleet Malix drank or not; We renxinsd
there few minutes the cellar IL upon the LEFT hand side
q the street coming nom Coentes slip here Is IL upon
The first going up; then went from the store
into another cellar the road in Wstsr street, there
another man, big fellow, who went with NJ from
the corner store; DO not know his name;
him before he appeared to bs about some forty ave
years old he and into the cellar the prisoner
lsx) stood outsds; bliud man kept that cellar; the
big man asksd why the e0lored nan did mot come
down; then asked permission Of the blind man the
prisoner could in: he besitstsd for time and
then replied that no might ce me I'M told Aalx whas
the man said and he he prsoner said he voud not 60
down at all; he and then went away leaving the BIZ
not
New York; the prisoner and myself then vent down
Water street towards the vsel; went then int
thing to drink; We sat down BY tbs stove and thiuk
the prisoner drank somethpg remained there about
the evening drank brandy punch think the prisoner
drank two or three time Afterwards went back to
the ecrnsr store where We met the big fellow" do
not recoect drank there not: number Of chaps
there at the time and Of them struck the
side Of face; he struck without receiving any pro-
vocation; then that there was row breeding and
l started 70 the door, and told Malix 70
run away from IT," ran across tho street my
fef; do not know where the prisoner went to; ran
then up there then Q crowd colls,tsd nearly
in front Of tho cellar out Of which came heard SONS
Eax va. stabbed and ran to and him and take care Of
him; asked " W a. 1t white black man WAS stab
b. d." come one replied " He Ia white man. Malix
gone at this time rome person in the crowd recognized
me being the who With Maix; they laid hold
Of me and cried out Watch; = they handled me pretty
roughly for few moments policeman came up aad
took me TO the station house
Question By the Coroner.-Do you rec any person
In the court Wiz N You saw upon that night!
Answer Yes rec0llect seeing that gentleman stand
Ing upon the right WITNESS pointed to Mr. John Fisher,
81 the wisnesses in the easel do not any
rot recoliect where saw this man in The course Il that
evening but thought when Jaw his countenAAce to-
day, 1t the staten house, that 1t was familiar 70 ne.
Here the Coroner handed sailors sheath knife 70 the
witness. After he had examined 1t attentively, he
continued his Testimony. ~ folisws:] l know that
notice Of it, and cannot swear II that il tie knife;
the prisoner has been only about two weeks in the
schooner he sailed with two falls ago in another
sci Dc not know he sheath knife that night;
II he did he must have had under his monkey jacket
cost did net see 1t that night; whom heard that
stabbed in going on from the house passed him q be-
was close by the door aid not any eli nch with
strike him did him clisch strike any enc;
dc not remember any person used degrading spithe
TO him.
To the ybrener-Malix Is . very peaceabls man on
board the vessel. think he drank iour times .hss aigAt
mouth, Msssaehueetts, where i've was somewhat
under thu influence Of liquor that night bat haA ny
but you have what you have . mind to take say
nothing Of the rsoss ct all whom went up the wounded
the Sidds Of the street near to whore H.s made his
By jurer-How far was IL from tho corner store 10
wbeIs yon took refuge!
far the distance from the the old City HALL or
about far the breadth Of Chambers street and
tinued-1 never raised ny hand that night; DO not
the nsn struck ne. TO another juror Do not re-.
member what dine In the evening It was; about
for nearly three hours from the 10 drak
until the ARRAY began In my opinion the prisoner ran
to protect hmsef; did the same think the wounded
man was about one hundred and city feet IRON whore
int which ran was IN the same street, bat DO not
know what part was in the street with the blind
the II. d
explain the situation Of the strsets DO not know
the crowd IN the store cureea at mo- never cav the de-
ceased after he was wounded; It was dark then.
John Montgomery, being duly sworn. testified Il re-
side Of No aS7H In Water street; keep boarding
house. at about eleven o'clock last Saturday night
playing game Of doWnoss In . house the southeast
corner OF Dover and Water streets heard ARRAY In
the street. stopped 10 nnish my hand and then went
sons rusbing there was considerable crowd collected
there; 1 went up to inquire what the matter was;
~. hsV :. 1ss
excited and said this IL the fellow something to
that effect went up to him and asked him what have
hAn done nothngn told the crowd to sand bsck and
leave the alone; they all seemed anxious get as
hin told him, III you have dons nothing wait for
minutes sfheer McGuire came mp; told him that tho
sterhsns vas charged with stsbbins NAE; the Of
who laying partly upon his side the side yak
assisted to carry him iato GROCERY store, about two
doors frsn vheie he lay; rcmsned With him until Doe
Johnston came; rho thing getting serious
hst Tbs would perhaps die, and cleared cut, lest
should DO detained witness In the the wound
baldsgs from tina wounds he very restless; he did
not cay vho DAFT did not the coloped at al;
did not the commencement Of the ARRAY there was
something said when ~xs holding the deceased bat
sasnot say we'll what II was; deceased lay on the
right hsad ride Of Water street. as you 90
to the Battery there are four houges Of
~ i've feet eaeh, in front from where the fracas
occurred to where lifted the man; he lay the side
vulk With his head up the street; he lay on the same
sds Of the where the ARRAY VAS when Ipioked
the dscssd there about fty people much excited
ssnnd; ted tho policeman that the mats Stephens
The solcre1 gone; tAere inquiries made for
hin; Stephens sppesIsdef ght ned did not look for the
hDio the pecrs said to the mate This Il tho fellow who
with the danpeA nsggfn tho wounded appeared
quite stpYd he cid epesk, but he rolled arouad In
he store he tIied to take the stitches away from his