The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-19

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very weab, and fell twice his knees In ths street.
saw the body ct tho inquest.
know Nicholas Hewlett arrested him with two females
charge about week before this murder noticed
he had pair OF patent leather shoes ON him. when
hsA him in charge made an examination Of the shoes
in the station house after the murder when ocsr
time heard Of Ss srrss ~ Hor,a =, S Mr.san
charge l examined the shoes when they vsrs
brought in; in my opinion, those shoes which then
saw belonged to Nicholas Hewlett formed that opinion
when took them in my hands out Of officer Gleasons
hands [shoss produced Those shoes are the shoes
Howlet wore when had him In custody, about week
Previous heard that two had been arrested In the
Seventh ward went to the Seventh ward station house.
and took the shoes with me- Howiet and Saul,
both barefoot; 1 said to Howlet arhers your shoesn
he said they were not his and he wouldn't put them on
Howet was dressed in plain pantaloons black vest and
Cross examined-I have been leather dresser
for nine years am two years IN the poice the night
arrested lilo Wet about week before the murder kept
him and the two females in the Tomb he fined $5,
and was soon back again examined his shoes that time
all he examination made Of them while they
Oh bis feet there were at the heels and they
app aIed too small for him. thought he stole them;
noticed the eathe: that appears in front Of the
shoes; am going on thirteen years in this country
recolect the night man was shot; was in company
with Howlet that night in bowling saloon In Cherry
loon; there Nicholas Howlet, VIM. Johnson John
Molten Mclaughlin and myself: Saul came in while
were bowling; lefs in company with ncLoughln; How
let johnson and Saul went down Roosevelt street to-
wards the water and did not them again until after
they were arrested; 1t about eleven o'clock when
Mclaughlin and left them
Cross examined-I lett them at the corner of Cherry
and raw them 90 down Roos eves tIeet; Howiot had
black coat on him that night
Joseph Saunders depoed-Tbat In August las. he was
private Waterman ct the foot OF street. there
brig (the Islsm) lying my watch; had dog
with me; II was the morning Of the 18th of August
near day heard something sound like boat and the
deg barked then heard some talking board the brig
and went board Of her. found two policemen end
two other men there Of those Other men was How
let the prisoner the other called SAUL was in
house where the slept; the other lying part in
and part OUT Howlet had light striped pantaoons
he wss in his shirt sleeves and had Panama hat; the
pan'aloons he has on now the same or similar Saul
had dark cothes he had cap and frock coat; saw
beat towards the stern OF the brig there per-
son in II told him TO stop or would shoot him. he did
not make any reply but kept pulling shot at him.
and be pulled away tosards Brooklyn neither Ho ylss
nor Saul had shoes stockings on; had Saul be-
Cross examined The gun that fir ed at the in
the beat loaded thought to stop him. and shouldn't
have fIed 1t II l had thought 1t was empty
Charles A. New ton officer of the Seventh ward police
Was on duty the morning of the 25h August was called
morning; went in search Of two men and found sanl
and Nicholas Howet in the sorecaste Hoslet in the
hat and in his shirt sleeves took them to the station
house; noticed boat showing out from the brig, and
heard Mr. Saunders fire at him; afterwards went
Howlet ly; il is like the produced; examined it;
Ismeed il and it appeared to lave been recently dis
charged had not heard of the murder before went
boaId first but when took them to the station house
heard then returned to the vessel second time
ChsIes +. way Of the Seventh ward police deposed-
He sergeant at the time and went board the brig
and Saul board and described the dresses of the
prisoner AMI Saul In the way they both bare
footed could not identify the that was in the bost
he was probably twenty feet from the brig think it
starlight night; think the coat Ho gct has the
identical coat he bad that night he had Il under his
head in the bunk and hung il on his he out
smeed the pistol and smelled much like powder
rs any thing could
George suckey house surgeon OF the City Hospital
posed--U bares Baxter brought under charge
about two O'Clock the 18th Of August he had rece
number Of gunshot wounds in the neck he died in
about hours after he was brought ia made post
morton examination and found fifteen shot wounds In the
throat took out three of them and gave them to the
Corcner they appeared to be number three shot L
found that of the shot went down the wndpps and
one went through the gul'et the man must have been
very near him when he fired the shot there mark
OF powder his face; his death caused by sujcA
ton from blood p the gulle sup rinduced by the wound
asked what would become Of his children who in
PHILADELPHIA he appeared to be very much frightened
time he spoke to Joseph one OF the nurses in my
he fau he did not think that he could
and kept saying repeatedly what will becsme of my
Cross examincd-I told him thought he would re-
cover think repeated It 10 MIN number OF times
but without any effect left for about hour aud when
IIeurned he was within minute of bis death.
he piric Attorney cfored the dying declarations Of
sdcr that srci pt eyderce of the deceased being i'm
pressed with the conviction that he about to die had
been given.
The Court thought that The question Of fact that the
deceased had no hope Of recovering had been csary
proved. snd Admitted tho dying declaration.
Doctor stuoLley coptinued--Baxter said to mo that
rome board 70 rob the vssgcl thai when he
heard them be got up apd laid hold Of Of the men
who turned round snd fired pistol directly at him; the
man then made of.
Cross examined-It was shortly after the deceased
came to the Hospital be told this; it while
with him and that was oDly about hsf an hour.
Thomas Kelly dsposd THAT he was keeper on Black
wells Island: on the morning Of 18th August
irg to the leland from Sixty first street after searching
fer some escaped conyicts saw William Johnson that
boat INT h,y ~ had
him.
Mr. Wheaton objected TO the conversation. The Dis
trct Attorney contended that he hsd given sufficient
evidence OF tho connection of these parties ana that the
declaration of each and every one admissible snyt
the other
The Cosr said that the rule Is that Whsn conspiracy
+ proved between the parties the deca alton Of could
be received against the other but they did not think il
had been sufficiently proven here The declaration Of
johnson was therefore inadmssabe.
Officer Kelly recalled and identified the pistol In
as the one found IN the bunk on board the brig.
The District Attorney then read the examination OF
the prisoner in which he said he is nineteen years age
was born IN Nova Scotia and Is a caulkor by trade
The case the prosecution here rested aud r. Wea
ton ASKED for bali an hours 70 Look his
before he addressed The jury He did not intend to cali
The Court then took recess until O'Clock
EVENING SESSION
On The opening OF the Court Mr. Wheaton
ed 70 address the jury in behalf Of the prisoner in an
eloquent snd impressive manner, contcntns that the
verdict Of guilty. lie followed by the District At
toipey on The part Of the prosecution after which
The Judge commenced 10 charge the Jury. lie slid
Gentlemen the prisoner OF the bar IL indicted in
ton with william Saul and William johnson for tho
murder of CHARLES Baxter. The pri has availed
himself of right given him by the statute aud demand
go separate trial and bis is presented
10 you to determine whether he is guilty rot There
ale two questions for you to try; in the first
piece Is the prisoner at the bar the person that
caused the death Of the deceased aud tbs what
Is the particular nature and degree of the offence Tho
testimony In the first is circumstantisl but although
testimony my be Of such circumstanal character Is
NECESSARILY for that the less satisfactory
there ia IMPRESSION abroad among po tons OF the
mupy that there l. greater taiDty in crcumstan-
tel te, timony than in positive ADD direct testimony
This il, however What the jury require in all
IL proofatisactory proofproof of guilt bayond
doubt If they have that proof they have all that is
necessary for the satisfaction Of the human mind Take
the circumstances OF this It appears that previous
to he commission Of the offence the officers Ciahan,
Ala and nTv tha .Ires man ,n,,oI