New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-17

one band and -bArree1 rsyoyir p.oi IN TIE ota-r
The club was in my LETT s4Da slowed ham the psrol
said would .Oos hin, Il he .ssS9tsd 70 ps Ss AN
Eeapen 20 injnre ne ~ben Smith started 70 leave ne
The handle Of the ascs; when srea tke pisss sniss
va. going OF IN the sane direction fowsrf rherr NJ
sls.,. ne asst
Q-why did ycu no, call ia sssst1nce when you h I'd
Smith Of bay VITA pssOl and club
be might blow bgains 01t DID not call f5T sVssy,
snce until altar hEcd the pisol thlaEht II oeeaps
nyrclf in giving alarm The man would esape sasN
distant: he Mr.. Hopkins a. the time he
the platform Of tho store be aid Do, attempt to cros 80
street.
Odd you see tbs man Sui,h do any TO break
Mr. Hoi AIMS sioe, any mere than sfani oa the corner
Al did hot eanno, tell why did not r5llow sfe,
Smith shot hun because he went oil when told hin 20
rsrSin
Q-Then You think you wss justified in shooting nan
down. because he ett you when had ordered hn 70 ~
main st nOtwti hid not hun dOias any
act eXispt starGing On the corner Of the street.
Mr.. Tsllmadse-we Al, very slad to see Mr. Blrrt,
the District Attorney, preseni, who hope viii take
himself justified in Shooting down because b. d0nt
stand STILL and att mpts to walk away. hope the Dis
ici Attorney VII that 1As witness gets justice dOee
Mr. Blunt in reply said he did not wish any comments
Mr. TsllmadA el am commenting on TIE testi nony,
only calico the attention Of the Dsret Attorney to the
Nh. Bluat--An We want at pre- 'ent is the facts
The CouIt hste took recess until TWO o'clock
4cey Recess
fesrl Hshirg. beng sworoSsys he Is Assistant Cap
tain Of the Fith Ward Police tnst h a50lt 1nsret De.
fore O'Clock on We'd esiay morning, JAN - Oh;ers Ford
and Kennedy. Nj Taylor, Mr. Hopkins, MI Sneden ald
9th, the >titonhouse; Kennedy GO nsneed
telling about follow two or thrive mea do sn tsAnA-
lin. and when he cot ON smiths pet, he tod nn the
supc he Rad OF the IN qGeson n sara tlcn xmas
he either the door of Hopnss sore open, or es ne
uied and fuud . open; he then tod Santa 70 wasch on
the outs de- wlle be would himself inside AMI watch;
and bile he in the Smith shot by Mr. Iay-
lor Mr. Taylor HON did not know was staining before
the time ard as he was the man alluded 70 a. saoot
ing the pistol, supposed he was the thet and asSei MIN
his name Kennedy then said, "Oh, he's not the man;
the two ievts escapsd" At this time Smith came into
the Stsion-house he walked into the prYAe room
he n e open his coat opered his panaoOa aud showed
ne the worud the lower part OF his backs IAN date
v se- the doornau for Dr. Kilbourue before tie Doctor
cane told Kennedy to take Sunth IN the bte< rooI'
where { ere a ire which was done; | I'is Ken
nedy aid Smith in the back room together. an took
Mr. Hopkins with me into private room; he re'
lated the circumstances me, gIbsttnce "a NJ.
HOPKINS hss already sworn 70; ! slnt Tor cap
tam Carpenter: when Mr.. Hopk rs had nearly term-
mated his story went into the back room sl5 saw no one
there ut Dr. Nil oune aud smith returned 10 the front
tbat ne had / It the Station-house with Officer MeCord
they had been oug before Capt Carpenter cam,
in related the facts as told to ne about the af, and
went down M HCukiuss store and placed Policeman
Ford duty take charge Of the store On ny retara
Captain Carp. asked where Officers MeCgrd and
Kennedy were; went IN search OF ITEM, " 0d - 70
heeman lsancs oke my club the corner OF franklin
and Wesr Broadway returned 70 the Stanonbouse; the
Captain then sent me for Chief of Police who TO
lie and heard the OF Mr. Hopkins
and TAYLOR Cns said he wanted 90 ssarcl Kennedy
house and asked me 10 accompany him went 20 the
hons an found Krnnedy in bed he was dressed
conversation took place between Kennedy aud the Ohe
and the Chief told Kennedy he mnst 20 20 tho station
house and returned back 10 the Stai0nhouse thar u
alout all know the ma Ter heunedy WI" not on
duty the time he down a. the store hrs tour OF duty
eSrcd at 8 cock; IL Was his duty 10 have renamed IN
Tie alon-house on lis from post he had no per
mission from leave the Statl0n-hOuse was tle
Captain on dirty at me IL u against the rules OF the
DeIsr et tn leave the STATIC ihouse when y nen DUTY
to remain IN unless leave Is granted by toe Captain
Cyo1s era 7inaiio7 by NJ TdiiRGdge-Konnedy resides
E,use. / should mot mss man from the Station House
unss tire riot should occur as we supposed MN 10 %
an unusual thing for policeman who resides in
the INN edaie vicinity Of the SatOn-House 10 take adv an
tage OF the and 20 home tor few minutes ana re-
1NihSt il question cannot very well nnswor, as we
don't know should deem It not very great aooeenoe
Q-Is not policeman always ON duty i-tbat vs. II ne
sees any suspicious persons Ia the act OF committing, o.
about committing an onense Is not MS uny 10 es'
Al should say t wss the Mayor consider. policemen tt
Odd YOU search Kenuedy's house with the Chief o
~ Inc we did not; don't know the reason why thu
nont YOUR policemen frequently find open dur
ing the night and what the duty OF policemen IN sacf
I. !. the duty Of the policeman to lind the owner o
Tie afQr
py rst would be 10 cali assistance, and
;ne The store for thieves; II had matches with
heeT 10 charge and 90 the station house FOR lantern
The evidence o. the last witness closed the on the
mart OF the prosecution and Justice Osborn Informed Mr.
Kennedy that he was now about 10 examine nun on tle
legged charge burglary aud that be at liberty TO aus
wer or decline 10 answs, aoy ~, 'h =, og am,
questions gave the following account OIL the ana as nc ~
eges oceuuec, questions put by t'e eisr Y hse u
New.York and reside at No. III Franklin ST. am pc
! lcemsn. -. A. K.ou 10 nv. ,bs
On the morning of Wednesday the l2rh Jsnuny wa
relieved at O'Clock; went into the saion House sn
saw Capsin Hutchings going into his bcd-ioom hande'
nv club 10 policeman and told him that was GONG .
,y bo,ns IN aet some bay battle myself Tor IN
ln,ns,is,p when took oil my clothing at the Station
House; as put the night key IN the door OF my nsss
saw three men going down IN rIaasl', d ~ EN-
man by the name Frederick Knoll VINO arrested -"
months previous for eans e. me 1907 a. ~.
Hudson At 1 whisted, and policeman smith came up =
me from the opposite side Of the way ttioa oseenwsh
drew his attention 10 these mem no tod rue no haa W
erved them and wished follow them VITA MIN the
contiputd down Franklnst to the corner OF Wasanstol
! A.: Al tLt time had reached Oresnwlch ST. hse
- TrsSe SON the men also stopped for short tlmo
two OF them pessed down toward the Ivef, aud %
other renamed standing on tue corner ana Ia sDou
;,ntes aasr he left ard followed after the other two
shortly after we passed down Franklin ST. ana "psh on "a
corner OF Franklin and sst ss' On Is o. a.
door YVES opening shutting we passed oef lhe so
~ Mr. HOpkins and smith was lew tsL tne1n VI M
bedIscoyef,d the middle door Of Hopkinss store open
lien told smith that Hopnuss elerk sep up tars oye
he ,toe as had tine ago been on tnst Post nc
sdvssd Smith 10 hide his star end stand "a the ah4is
smith said 10 me- you take your club ana tsI i1a 90
siie The store" which accordingly did h,h nay slO
eIub which | always carry; entered me store, ais~
mach from my poe ket struck Light and held the nAteh
~ hard and walked twenty fset to"hh ths re-
ra ~ the tore; al that TINE heard yoees oltsde ~
ifo1e. 1 heard Smith say DOyOu mean 70 XII me p
thsn turrtd TO come the front Of re store and near
the report OF pistol then TOOK hold Of the soo .. y
soor and had IL open about foot, when man oitsd
exeiaied 60 back or II shoot yon he pulled the do
bnt oguzed his voice and sad, Ariopklns ts ~
KerI,a what DO YOU mean" at that moment Ohcer fo
sue up and lie then opened the door and walked ow
cst omeut hearing Mr.. Smith groan- wea 70 ms SO
"a ass,d w hat was the matter; he replied tHey IA
sIot m in TIE back I" ssked hun why IheJ dons ~
.a,d tbs - men came around the corner the instant
,ereS ~ door md said xsnt You ne .hcn put
IND IA III, pocket to tai his club oct, when tae nan
Is1 he ps ol SAID that If be did noI take MS hand o
rculd now hi. brains out, he then stepped toward VI
opL. who I'D hold Of the door, . explain 20 nun .
totis s hinisef aud myse when Nh Taylor ai'cni
- psol and srruex han IN the baeki we men al PI
coed 40 tie stAtion-Houze gaze captain hH.enap
The ar and s-id Smith would son %
then by order Of Capt Huchnzs, stnppea SinLn M.
Z ieeL rosIu h being then about Al 0eloski went
Sniibs house. IN GEeenwlehst, ena .s, !, N.