The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-07

club and drawing hand back with it, made me let "a
my hold Of the prisoner.
70 arrest Holmes for rescuing the prisoner A. About
o How far from Mr. Holmes residence did the tusse
take placer A. About hafw between the houses Nos
80 and 5S.
Was Il light or dark A. The lamps wers. lighted
q Can you swear that deceased did not strike Holmes
with his club A. did not Se him do So and he coult
not have done so unknown TO me.
u Did you see Mr Holmes On the ground before Mr.
Gonrly was stabbed A. No.
@ Did you hear Mr.. Holmes cry for assistances A
Q Al the time Mr. Holmes was taken to the station
was lac not speechless? A. l cannot say. know hs
was not speechless his home as he req uestec
some friends to give him some writing paper
Coroner Hilton-Q. There YES no person near you
when deceased was stabbed except the prisoner
(Holmes} A. No.
Counsel for prsoner-Q Did you not hear Holmes say
that he thought he would die and wanted to make his
TESTIMONY OF MIR. SMITH.
Jacob l. Smith being duly sworn deposed, and said
that the evening Of the 3rd inst between the hours
Of II u and H. Alderman Brown and myself going
home When We got far as No. Sc Greenwich-street
saw five six standing in front of No S. and Mr.
Holmes and another man we're standing the curb stone
in front Of the house As we went past heard some
towards the Battery ! met officer sheehan and
told him there was no trouble there He said there
WAS, Mr.. Holmes had rescued a prisoner.
said Of that knew nothing. As we were talking
Mr. Holmes along, and then deceased said, There
is Mr.. Holmes now in the middle Of tho street, and
will go and arrest him. as deceased was walking to
arrest Mr.. Holmes, Mr. Holmes walked very fast
towards the store next door to his dwelng when
Mr. % got as far as the this ssoT
the middle Of the street at that me the deceased
on his heels close he could be when Holmes got
g Look out for the pistol but don't know whether
any heard not the next instant / saw
S ds, to the he i, n"d leg
his ARM while deceased lay the sidewalk
Mr. Holmes and Sheehan having scufie the iron
grating in front of the store and intended run aud
help Mr. sheehan, but when got up there Holmes
got up and towards his house; raw knife in
his hand and left; the knife was in his right hand
1t my intention to catch Mr.. Holmes, but he
got up and ran into his house before could get there
then went towards the house and officer Sheehan
there before me; Mrs. Collins there; the officer
asked her for ight she furnished him with one then
left the hail. and spoke to OF the policemen first
take care Of their comrade and then to back and
look for Holmes: then went to the station house and
came back again TO Mr. Holiness house, went up stairs
and him lying the foor; he had sheet Of paper
and pen in his hand and Mr.. Boyd holding light to
him. then left the house and went back the station
house and the deceased he said to me-" jake you
know who done this" after this went back to Holmes
house along with Councilman Cannon, and he there
arrested saw the prisoner in the station house after
that
Was there any one near deceased at the time of his
falling, except the prisoner Holmess A. No.
o. What kind Of knife was its A. Supposed it
dirk knife.
O. How long was the blades A. About eight or nine
inches.
Cross examined.-was about Eve yards from Holmes
blade; can't tell what kind of handle it had.
. Q. What kind of night was it A. 1t was beginning
to get dark
Q: What way had he the knife in his handS A. He
held it downwards.
Q. Can you estimate the length of a blade when il
was dark A. could when gas lamp shane on IT,
@ Was there lamp near hmf A. There
just opposite him.
Q. where was Mr.. sheehan when the deceased fell
A. About six or eight yards, should think.
O. At the time deceased fell where were you? A. In
Q. What were you doing, tslkngs A. No; was
looking ON merely.
Q. At the time the deceased went towards Mr. Holmes
had he his club in his hand A. He had 1t hanging on
his wrist by leather string.
Q. What time elapsed from the time Mr.. Gourly
went towards the prisoner to arrest him until you saw
him fall the sidewalk A. About three four mi
nutes
O. What business you in now A. l am not in
business now, and have not been since April
O. Where were you formerly empoyeds A. In the
United States Mail Steamship Company.
O. Had you heard any expressions of hostility issued
against Mr. Holmes on that EVENING" A. did not l
did not hear his name mentioned.
Coroner Hilton obliged to adjourn the inquest
Office in Chambers street, when the testimony will pro-
badly be concluded The prisoner conducted back
to his cell in the Toombs.
The Railroad War--Excltement and Arrests.
rom the Newark Daily Advertiser, Nov. o.
The dispute between the City and the Morris and Es
sex Railroad Company, in relation to the track through
the city, has assumed serious aspect, and has pro-
duced not only litigation but actual eneue Under
the direction Of the city portion of the track in Park
place, readers have already been informed,
taken up on Saturday morning. The company procured
m injunction restraining the city from removing the
rails and subsequently order from the Chancellor for
rclayng the track, also obtained by them BY vir-
tue of this authority the company despatched gang Of
aborers under the supervision of Mr. s. H. Moore their
superintendent who commenced this morning between
y and ! O'Clock, the work of reaying: Some citi-
ance by standing on the rails, and on the
route of the track so as to interfere with the Ia
borers asserting that the street was public high
way they had right to it. Some city officers also for
babe the work. They informed, the other hand
Of the authority under which the company proceed
ing crowd was drawn together, and much excite
mont ensued on both sides. Some persons started
alarm Of Ere and the bells being rung caused the colec
about O'Clock the affair assumed the appearance Of
mob. After considerable confusion and violence Of
the watchmen armed with Gibbs arrested the Superin
tendent and several Of the laborers In justice to the
former may state that have not heard Of his do
ing anything foment an excitement bat endeavor
ed to restrain his from using any force beyond that
necessary to prosecute the work under the Chanceors
order The arrests, Of course, produced suspension,
and the dispersion Of the crowd At later hour tn is
finished without opposition. This viii not, however,
prejudice the legal rights of the city its action has
only been delayed BY the authority Of the Chancellor
the track should be removed from the street. Is not
necessary for the main business Of the company,
(Which passes their connection with the New
Jersey Railroad but only for the transportation Of
portion Of the freight which goes the river route
In regard to the legal questions involved opinions differ
but hearing will be had before the Chancellor
the injunction, and until decision is obtained modcra
tion is recommended both sides. The legal advisers
Of the city entertain the conviction that the Common
Council win be sustained, and the track ultimately
moved
In consequence n repairs the Centre street Railroad
bridge, the train from New York for Philadelphia last
evening obliged to the NJ and bridge above,
and the thence drawn by horses down Broad
street to the Common where they prevented from
f,,rfh nv fhn mn nd
gers were conveyed in omnibusses to the New Jersey
track this side the river where another train
provided for them. The train from Philadelphia was
served in the manner and did not reach New York
till after midnight
Schuylcrism nj the South.
(From the Macon, Ca, Messenger, Nov. ~
Considerable excitement created in city
Monday morning, by the announcement that Samuel d.
Scovii bookkeeper In the agency Of the Marine Bank
this place. had absconded with $4,000 Of the funds
Of the institution 1t has subsequently appeared that
he left this city at eight O'Clock Sunday evening" the
train OF the Macon and Western Railroad for Atlanta
but beyond that point it has been impossible to trace his