The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-25

Court Of Oyer and Ternainer.
TRIAL OF WIN. SAUL FOX THE MURDER OF BAxTUB,
THE wArcHMAN.
Hon. Judge Edwards and Aldermen Haley and Ward,
Nov "a At tho s,ttne o. sSs cour. ~. n,.. -.
tsrney informed their honors that the pri,oncs saul
and JohDson charged With the murder Of Bsrtsr the
East river on the 9th AUGUST ss - % f. tns
has been convicted demanded separate trials This is
proceed With the trial of VIM Saul Msssrs j. Coohrsne
and Jonas Phillips. who had bee assigned council for
the prisoDer, conducted tho defence
The court and galleries greatly crowded the No.
oity OF Tho auditors being young OF that class to
which Saul and johnson belong and amongst whom con-
siderable excitepent prevailed.
Several challenges for favor and for principal cause
exercised by the pr counsel The 9Hors who
on the present As each juror to be sworn he
was asked to his having formed any opinion Of the
Subthed reports Of the edogs in the trial q How
let Mr. Willard stated that he avoided reading the.,
ports, knowing that he might be called ON to ast
juror
The following are the names OF the jurors smpancled
m w ssna ld S ward s g. Moe q Yard
8. 2 McCsffery 18th ward; Q il. weolsy 10th ward
4. II. D. Butler, 9th ward; 10. J. r Simon 9th ward;
g. ai p Ne4n 9Th ward Ia Mnoy I lie WARD ward
AT the request Of the District Attorney the Court adj
vised the Jurors in this case that they should
read the reports the proceedings there an
other prisoner yeti be tried for the same offence
Saul who is not more than twenty years Of age,
proceeded state the for the prosecution and to
call witnesses whore testimony was precisely siaar 70
and fully reported in the HERALD
The only new testimony that was adduced was the fol-
John Morrison deposed that he purchaseda pistol in
Chatham street and sold to johnson about six weeks
before the murder Of Baxter it exactly like the
produced in court
John A. Smith deposed that resides at foot Of Forty
seventh stree. East river hires boats boat brought
to his place about five O'Clock the morning Of the
18th August by the prisoner Johnson (not on triaD
next johnson yesterday in Chambers street. boat
brought by johnson xtesn feet long with the
of Newman the maker branded the inside, and two
pair Of locks it light lead colsr, inside almost
white IL had pair oars left there until he
sent for III days after for the boat
witness did not deliver it, but afterwards taken
away without his knowledge
boat for Howlet in July last sixteen feet long painted
white inside and with two pair Of locks, branded
John Smith deposed that the cargo Of the Thomas
Watson consisted of 4Co0 bags of coffee; Baxter the
evening Of his death; witness described the vessel and
stated ibe value Of movable articles in the cabin be
worth $500 $780, passengers baggage board,
and barrels OF shells belonging to the passenger.
Joseph Box nurse at the CITY hospital, depesedThat
Baxter brought there at two O'Clock the night in
question and died about quarter past four; opened
his dress and wound in the throat he seemed very
fearful and very mid he asked the docer to do all no
could fer him for the sake of his children he did not at
any tre express ything his living dying he
dio not anything to the doctor about living dying
in WITNESSES presence
The District Attorney proceeding to examine the
witness the declarations of the deceased Mr.
Cochrane objected The District Attorney eaid that Dr.
Suckeey, who was examined on the trial Of Howet, was
out Of town but he would call upon DR.. Traphagan.
DR. 1raphagaH depesed-That he examined the wounds
of Baxter found fourteen fifteen shot wounds in his
throat and told him that lie was in condition that he
could not live more than few hours: Baxter expressed
an opinion that lac was dying; it his general remark
that he going to die the shots large buck Shots
after witness examined the wound deceased said that
two men came on board while he watch on the
ship Tbos Watson grabbed him behind and the other
before as he jumped up and he received the shot from
the one IN front Of him
Mr.. Phillips opened the for the defence and in-
oed the jury be cautious in their conclusions OF the
prisoners guilt upon the evidence, which only cir
cumsanta and ssd thar he would sdduce witnesses to
prove that the clothes which the prisoner the
night in question, rbose thathe has now, q
light gray coat asd not dark Clothes which the witness
for the prosecution the companion OF Howet
the night Of the murder and also that the boots
found were not such as be wore.
young woman named Coughin deposed that she
knew saut he lived at his sisters in Cherry street. he put
on pair of lorg boots the night before he arrested
they were not a. all like the bogsns produced he wore
had on whether he in his shirt sleeves the shoes
Saul has "a patent leather pair those that
be left behind the night he changed them for the long
boots
Mcbride sister to the prisoner deposca also that
on the night before Saul arrested he exchanged q
patent leather pair Of ehoes for long pair Of boos he
wore black cap he had not the (gray) coat that he
now did not know him to have other boots or
shoes but the patent leather shoes and the long boots
To tbe District AttorneyNever those boots since;
never saw her brother barefooted in the street.
John Morrison recalled for the defence-Depossd that
he was present at the inquett and Saul the
dress that be las now. (gray ooat)
James Sullivan 6eposed that he at the Coroner's
Inquest in Bakers and to the best Of his opinion the
coat Saul has on now q gray one sths one he had
then.
To he District Attorney-My name is " the Dodger;,
have bean IL the penentiary about two years
ago; recoec the of four Swedish sailors being
drowned in the North river there the lame boat
man, Warner, and three women, with me; don't
believe Ether there; don't believe Hit deadn
was there; Nicholas Hewlett Is called " Hit me dead,
there 10 hole bored in the boat it was swsmpsd;
do not recollsct man being thrown overheard, at the
same pier, short time aflsr the sailors drowned
Eliza Saul mother of the prisoner deposed that her
husband is dead the prisoner q years of age the
9th of last December; have other son; did not
see him the day he arrested the day before no
was arrested; saw him In Jail shortly after, and he had
on the same coat he bias on
Captain Ditchet, OF the Fourth ward police called
for the prosecution and said that Sullivan is known
thief, and that he would not believe him under
oath; witness was at the Coroner's inquest; Saul
then dressed in dark clohes be had dark c0lored
frock coat and was barefooted.
To the Court-The inquest was held the FIRST day, at
the hospital. and terminated the second day, down
stairs The dress he speaks of the Saul at
the hospital did not take particular notice Of the dress
he had down stairs.
New York sOciety for the Relief OF WfdOyvs