The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-28

was done when the prisoner was brought into that oc
Ohscted to; admtted Ipaeed the prisoner before the
think he bare headed his jacket DARK eolor-a
sort Of monkey jacket he was brought in full view OF the
h IMAM tine Tounasa man did MOT s % ,noSs
to me- Q-What question did you put to Keller In the
presence Of the prisoner [Ohjected to- admitted and
leading from the paror to the bedroom not more than
three feet from and six feet FROM the wounded man
spoke louder than usually do loud enough be heard
by every in that and in the next spoke loud
enough to be heapl by the prisoner; examined the
prisoner after the inquion; conversed with him In
the English language and he answered me in English
To Mr. Clark observed that he did not speak fluent
y and that he had not good knowledge Of the language
think he could not understand all off promscuous con-
versation there very noisy and bosterous ooec-
ton OF people in the rooms when was first called to see
Keller think the prisoner understood the question
The Court was Of opnion that II was not clearly shown
that the prisoner understood sufficient English to render
the question put by the Coroner or the answer OF the
wounded man. admissible
Witness continued Ill considered the wounded in
very critical condition. asked him he thought that
he about to die; he said he hoped to live; then
marked then you do not think You are about to de!
and he that he hoped to ve he did not state
anything in relation to life or death beyond hope that
did not like to express to him that thought he
about to die did not hear the prisoner say any,
thing he stood there until desired the officer to take
him away Keller sworn to his examination, and 1t
is my impression, in the presence of the prisoner
The investigation was protyacted to late hour the
being sufficient identification of the prsonerMr Lower
RES having distinctly shown that Roter not the
who running with the gun in his hand pur
sued by Dennsthe Court thought 1t would be useless
consumption Of time to 60 with the case. Counsel
would, however pursue their own course.
The District Attorney admitted that II would be very
unsafe for the jury to convict in this case but he did
hope that would have been shown cOncuvely by the
defence, that Roter not the man.
The Court said they would then direct the jury that
there not sufficient evidence to convict There
suspicious circumstances in the but there
consistent with the innocence Of the
prisoner The Court Of opinion that the jury ought
to acqut but they would decide upon the evidence be-
fore them Thcury then acquitted the prisoner without
leaving their seats.
Tho District Attorney then moved that SD Roer be
recognized in the 1t S. 600 to appear witness in
order to ascertain who the who fired the shot.
Mr. Phillips resisted the application, there no
specific charge agajn any party for which to recognise
ROter to appear.
The Court did not think they had any power to
mise party to appear witness. where there
person charged The Court however, thought this
which sbod certainly undergo further inyestiga
ton.
The District Attorney said there circumstances
which rendered 1t necessary that this should be
probd TO the bottom; and nc would DO God willing,
matter who it touched lie refused to enter .oHe
yrosequi as against Mr. Lowcrric
The prisoner Roter discharged.
The indictment against Mr. Lowerrie, accessory
after Che fact falls to the ground by the acquital of Ro
ter and he consequently discharged from his recog
niSance
Adjourned at quarter before 9oclock, to Saturday
mUsuur mt 10