The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-28

went out passed along, as told you, to the north
door saw Enoch Reed at that time; l halooed
they would all get shot" something to that effect
that all recoect up to that time; there great
the north door the slave brought out Twas at the
north door but few seconds; can't tell anything that
occurred before he brought out after out
the steps noticed Squire House Jones, and Ciapp
together passed down after the crowd do the street
they were carrying Jerry off overlook them about
where Wheatons hardware store is; on the walk
was within about six feet of Jerry did not Enoch
after saw him at the north door.
Q-Haye You stated all that you saw after you cas-
sitting in the room
Al saw man standing under the gas light with his
raised to it, short, thick set negro come in
at the north door, and throw two stones at me, as
thought the last one hit me on the Leg this was at the
time of the first pistol shot
Odd Won forget this, you went before ?
Al did not mention names had done that in the
first Of it; don't recollect anything more.
Q.-When you was sworn before, did you swear you
Al can't tell what swore then; things we're then
fresh in my recollection; dom think then posi-
tive went out the north door think did net swear
thought went ont the north door; swore as to what
door went out; at Auburn that got stick of
wood to defend myself when the acas first commenced
some use of it; could not tell what did with it; don't
recollect whether at Auburn what did with it
the stone that did not hit me went by lodged the mo
tion don know as | saw the stone.
The Court wished to know why this course Of examina
ton was pursuedl-why it was important whether he
dcdged the stone?
Mr.. sedgwick.-I tell your honor in moment.
At Auburn the witness that after the lights
put out, he saw the stone thrown and lodged it,
Mr.. Lawrence objected to course Of examination on
imma.eral points and also to the examination as to
the facts affecting other
The Court should to the largest reasonable extent,
allow counsel to go on upon both sides.
Mr. Nye said counsel obghed for the suggestion
immaterial matters not in order He would say
that the question Of The credbity OF witness is always
in order.
The Court insisted that was not competent to 70 into
inmaterial testimony dscrelit n witness
Mr.. Nye-What we propose to do, is to call Higgins
Alderman Higgins, and make him impeach himself.
The Court said IL belonged to 1t to determine to the
materality Of testimony and added Mr. Sedgwick what
do you propose 10 prove by this witnessf
Mr. sedgwick-I propose to ask him whether he swore
at Auburn, that he lodged stone thrown by negro
The Court-Witness may go
Q. Did you at Auburn, that You lodged the
stone?
A. Don't recolect whether did or not
O. Did know how the fact wass did you dodge it or
A. saw a man raise his hand and jumped 10 the
wall, the north door: eight ten feet from
him; had Just got through the railing
your statement2
A. don't know as there is
Q. Did you swear at Auburn in regard to Enoch Reed?
A. Yes, think did; presume swore at Auburn )
TO what saw Enoch Reed say and do on that evening
Q Did You testify at Auburn, that you Enoch
strike at with club and that Stewart prevented his
striking your
Any impression is that swore Enoch raised club
and stuart prevented him from striking me- at Auburn
Think swore heard him say something; think swore
at Auburn that Enoch said ''tand back yourself
Why don't you stand back; Enoch raised club and
Stuart prevented him striking do not think
at Auburn that Enoch said be ready, or He will be
out in minute or anything Of that kind; don't recol
ect whether, at Auburn, my direct examination by
reading affidavit had made one; it drawn in the
District Attorneys Office stated the occurrence and
that the affidavit drawn the affidavit drawn
few days after the occurrence week ten days, per
haps read the affidavit and understood it before
TO it; don't know whether the affidavit at Auburn
il read to by Mr.. Lawrence, and part of my
direct read Buffalo before the
Grand jury have that affidavit published in
Taper don't recolec whether it was correctly published
q Did you, in that affidavit that this club
raised after the partition broken down. and Jerry
about coming out?
The Court-This question is not admissible. You must
produce the affidavit If you wish to examine the witness
in regard TO it.
Witness continued-I sworn at Auburn; my affda
Wits HAs read over to me- / think then asked If
that a., Sayit true statement
@ IS cannot get the affidavit, how is the fact? Did
Enoch Reed raise club to strike you?
A. expect he did it when he stood in the north
door just before Jerry out Stuart took hold of him
and said What are you abouts' that all there
Of it.
Q. Why did you fail to state this important thing,
Inc examination this morning.
A. No particular
Q. Did you suppress it intentonally9
A When first went through, Thought nothing of 1T;
have not had it in my recollection all the while; it
escaped my mind, as other circumstance did
q. Why did you not tell before of Enochs language to
- lie ready; he viii be out in a minute
A. can not give any reason; have remembered that on
prior examination stated it in court till this
morning. never stated before in court that Enoch said
= Re ready &c; II was as always in my recolection
can't say why suppressed it.
q After the lights were put out could you tell in that
room whether person was white or black
A. AT the back part OF the could not but, at
the door and inside Of it. coud could not tell the
room: il person stood in the door could, the
distinguish his color If he coming in If
three four feet from him could tell the color; could
not tell whether man black man or a white man
-[sedgwck adding a white black man.
Direct resumed-The street lamp, at the Stanwix
House about ten rods from the north door and
On line, Clapp was the only one distinguished as
coming through the south door meant TO say TO the
other side that had gone the whole ground be-
fore when examined at Auburn, Reed had not been
arrested and was not examined in regard to him have
been examined before in reference to Reed:
examined before the Grand Jury; the affidavit read
and that was my principal examination there; was
somew lat frightened at the commencement of the
cue proceedings the who thought aimed stone at
standing directly in the north door, and was
going towards him
O. l. the top of the lamp at the Climax House lower
than the platform by several feet 2
A. should say it was not quite high as the plat
FORM the lamp is ten feet high the platform is two feet
and half higher than the grade Of the street
O AT the time you made your affidavit had any one
been arrested
O Did you make the affidavit with reference to any
particular person.
A. made il with reference to Summons and Capp as
knew most about them. | might have made longer
dayit.
@ You say the affidavit was made in reference TO Sam.
mons and LlaFp; now, had Reed anything to do with
thomf
A. Nothing at all.
Direct resumed-Did you, in making the affidavit
simply the questions put by District Attorney
I0wrenceg
4. | did
franklin Hicks, called and sworn Reside in syria
cue: saw Enoch Reed the evening of the rescue,
the platform; he had stick in his hand large
wrist at end and smaller at the other and two
three feet long he standing there; this about
half past seven before the lights put out 10 the Of
fee before they broke in was in the Office when they
broke in did fnocl do ANYTHING with his club
did not zee him do anything OF any other time; dom
recoect whether Enoch when he first brought
to the police office don't recoect whether Enoch did
anything 10 prevent the officers from taking jerry back
Fnoch in his shirt sleeves in the evening; could not
what sort OF shirt he had could not tell whether
1t white colored he at work for my father six
or seven years ago this the first knew him since;
stood by his side when he had the club: there
good deal OF loud taking il half an hour before
they broke in that saw Enoch on the steps.
Cross-examned-l vent to the police Office when Jerry
taken there; staid about hour; went home got
back about o'clock before the court had adjourn
ed staid til jerry taken away: was in the Office be
fore the court broke up and in several times