The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-14


Stairs ve,e both iocAeo; lighted ths itgats
brst entered vent TO III. upper part OF the
part Of the house: found the prsos*r in bsrroom, o,
little closet leading fire. IT. the CLOSET th'ee
tour feet deep Aod PROBABLY three four feet wide
don't think II is long enough for man to lie do vn In;
there door that closet observed no wndo
in It; the lecked sot into toe cosst by pry
Ig tbs door OPEN touI the prisoner Ia that eloset
there vss another man in l. him; do not kno@
who he vas he TAX en- from the house imneiiAely;
! think would recosLise him
Newton who was IN court wss desired to stand up
Witt ess-l have tnst before at Mr.Fowkes,
but would not say positively that he was the man who
MSS in the closet With the prisoner
The witness not croSsexamiped.
6eorga Dor sdson esauned bs ths district Attorney,
Fowsess; lett there sih John swing soout O'Clock
and went there I, NJ. Fowles's house Ia Pearl
~ O'Clock went into the bsroom ned there
about twenty nit utss and then vent up TO bed
,he prisoner at he new store la rae street; hat
conversation with him there he showed the
butt end of lstge pi toll, aud ssid as
much a. "let noSo touch him. he had the pistol in
his left bresst pocket he said he had two stss
small ones, opt they rustsd from hanging beaud
the bar. iPistof produced Thu I, like the one
alb tut the parsons who ia Dig ht before and
struck BIT Fcwses across tho bar, hs then said
" Let nobcdy touch him." know two Of those persons
that thsie; they John Ewing and George New
ton; did know their at the time; I vas
stranger tn ard the of pistol that night
utes when heard the report got up and put on my
pants hoard Mrs, Fows en,nl back ami forth she
said toue shot and john was going 70 shoot
her and Mary.
Q. Where was Mrs. Fowkes a. this timer
a. ne The icbnY chat ns the bedroom;
sha the second story; she light vi
Stairs from the ,airoorl went down stairs at
quest; there is door at the OF the stairs gccg
in ths bsrrcon the G,s, time / vent down IL vas
OPEN tbffe about twenty stecs Of stair the
barroom 10 the floor above the st.case goes
far eco Of the barroom r iagram shown and the 10
cliues pointed out by The wirDess Ibs stairs turn an
angle to he eft; ponody standing a. the head of the
stairs eoule into the oarroom; soon heard
thp HfAJ naeA nut nf hei and Irau mi tvx
pants WHEN heard Mrs.. sowtes cry out; it not
above three mi, uss af the shot she said III At there
was some person ,hot, aad that Johnny going to
shoot her aud Esry.
Toths court--I bought ahe meant Ewing there was
10 other John there sat E~ 'ag
To ths District Attorney Ewing wss usually called
Johony Ntsn ucnt down stairs found Mr. 70 ykes
walking back and forward, there was nobo with him;
he did not sny srything TO me; came up the stairs
again do rhe pistol; did not ein tn
minute abosc stairs; lire 70 kes waited me to 'orug
up TIC rid an came down stairs sgsin, aud the
door at The foot Of the stairs locsed aud
out; Mrs Fovkos wanted another gentleman and
to 90 through the kitchen wnd1w ana We refuset to
do 500 lcalled cut the loot Of thu stairs for Mr.
Fowkes bot got answer IL i've min utes after
that III was arrested / never the closet whece
Mr. Fowl os VAS taken out to my hno 1ledge have
kept . " ttness sdce
Cross.esaunao b, Mr, speueer--I had been lod,er
at that hoase Jour ngats did 10. kno john swing;
stfsnger - them 8 the the pistol
II appeared to to be reo 10 Vie BARRON after the
sound OF the ls'o sa. ks ing ooue the STAIRS hs
paused ani Mrs. Foskes the stairs faster
than ordinary walk; IL han our or ve
min ues from the time that h.srd the shot TIL rdet
living on the stbirs had lone nothing out put my
pants he Gid not speak 70 as he passed. dtd not
him conc down the stairs sgsin that night
as tie door orol en- open the airs xer
in u view al the time don't ses how Jahu Ewing
coulr have ceme down again without my scaing h'm.
To he rsTics att rnsy My doot is dse six feet
from t. hesc % the airs; tad ,thpg my paots
en- when vert do drss and second ii and noth.ng
but my parts On Hhea vas arrested vt m. bed
loom Ok or sben arresteD, and tssen out Of
the hack wfndosJ~ith three other, and the oack
she'd Mrs towkes was ~ b.i room ut the far end Of
other a'sht Of staas above mite 80 '''A "AS ~
@ lid you know AZ that Tina that had been
shot9 *. -
A. Iheayd them say 40 onts dc; thsre was gres.
noise about the house; don't ow the three that
we're taken with me; one. of them gave his name
onicer Michael wogap, OK anime by the District At
torrey, deposedl poles officer Of tho Fourth dis
tIc know the prisoner at the bar BY sight since
him was In closet b.t~een he sitchea and the bar;
officers Mshcr snd DO xnipg With me; tred the
coses eoor; y wss och,a tried to pul il open aad
at the b., ana Neetou, 10 tee ;oset
@ "a the, any hug with the~S A rneT ha' under
pistol uner Lin; (two smsil pistols produced Newton
bad these pneor HIM.
The District Attprney-Take OF then, for they ere
loaded to the muzzle.
Wuea--t h.o conve sation with the prisoner; the
frot thing he said was sJonn Ia i-'s right to 90
out OF The wncoas in all directions ard are ,toi
six OF them; whea took them to the
he right nsn y.t; (nis AIS see WAS objected TOD Ew-
ing had been arrested at tna. time weat back the
in the oset.
The witness ives not croasexam,ned.
Thomas Caprcl examined by the District At
torrey, dsros5--On the I'd Of July made a post
norton EXAMINATION OF the body Of Edward Bp
gan AZ the Fourth ward ststion house; found
par Of the nek found IS pcrfor..ions by shot soma
OF tho shot were fatts ped, and of them we're
round (prouces then) found sevsral of them 10 the
l rel
them; those ths, en'ered tho spinal what
caused his dts'h zone them perforated the sku,
but LOGGED against it, it the upper part OF
the back Of tho neck that wounded, space about
the sizc Of hana TIE anot entered between the low
er part Of the sku and the first bone of the spine The
shot were eIhioted to the court ana jury
Cross exsm,nei by Mr.. T,i,madge--ihs shots were
rkin r,cty critically the hair Old appear to be
burned THO skin was acsened bs powder, and
portion o. the hair before saw the perforatiop: do
not recolect 10 have seen any wad his hair dark
color.
To the court-gcmovcd the hair from the back part
of tho head ana tho Leck.
The c.se for the pro seeution here closed
Mr. Spencer called upon the district Attorney to
plscc u,on tho stand George Ne ~ton who 10 no in
Court, and has boon detained witness for the prose-
cuton.
The District Attorney eecIinsd to call Newton A. 4
witness. The Court r,fasod to ccmeel tn. District At.
toIney call sny Witnesses whom he did not thlak pro-
Counsel for tho prisoner excepted to the ruling of the
Court.
Inc VIC OF ire oecedsed proven tn6t handkerchief
produced belonged to her husband
Mr Iallmsdee TIA peoceede to open the for the
defence and said he would cali Witnesses to exonerate
Mr.. Fo rkcs, let the sation whom II may
George Newton was then ANA .ninea by Nc
Tamedge, and depoteo Il snow the prisoner at this
bar; vas witness st the Coroness ioquest and hsve
been kept as wit siac tue part Of the
prosecutions vas boarding at Mr. soEses' use when
thi Transaction iook place. about tweny minutes before
IL O'Clock, loud rappng came to the door; opened
the door, and six persons eams in, and wanted
something TO eiink end NJ Fovses refused they wont
out and in shout ten minutes after knocking
agein; they ham cred the pa eel until it began TO
in, and hr fwses told to open the door; moi
Il and tuo came In and Fosses told them he co I'D
not Ut them have any thing to 7rinx; they seemed
10 resist. and wond not 60 away, and fo~kes coon.
my hsDo, TO shut the door when they put out;
they got out tho step Of the door whea sho.
from behind (the diagram produced CORRECTLY tneso
Is one step TO tho door the shot from behind
Fcwses ane De shut the door when he got them odt;
fowcs had his two hsSds the sho ing them out
Of he door, Ewing and Ccnnauehsn behiod whom
the shot cau,e; Isaw nothing in Fowke.s hand; swear
I'm ha1z f~f.k - T.. -.