The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-11

Trial OF John N. r. Tucker for the Murder or
his Child.

| Trial OF John N. r. Tucker for the Murder or
his Child.
KINGS COUNTY COURT OF OYER AND rEaxISER
Before Hon. $. d. Strong H. A. Moore, County Judge,
and Justices stillwell and stryker.
FOURTH DAY.
DEc. 9-The court assembled shortly after 10 O'Clock
and the following evidence taken the defence
Dr. Charles Rowland recalled by defence-He said he
had refreshed his memory since yesterday and found
that he had once professionally prescribed for the
prisoner he complained Of headache and Piles felt his
pulse and remarked that rather quick and feeble
his face very red and his eyes rather boodshot said
he had the piles very bad sometimes and very painful
did prescribe for the piles only for the headache
told him 70 bahe his feet in warm water and apply Bay
To the District AttorneyThis in his office about
Abiah p. Mabee sworn-Have known prisoner some
four five months; four Ave years by reputa-
ton Tucker was at my place Of business in Albany
about the 9th day Of July between the hours
lc-came to my store with friend who introduced him
to me as Dr. Tucker, and that he editor of
the brooklyn Advertiser; his friend said Tucker had
up the boat in the morning and had got into
some trouble; then Tucker went and told Of the
occurrence on board the boat his language that
had followed him from Brooklyn for the purpose Of
waylaying him and taking his life account Of
article he had published in the Brooklyn Advertiser he
then asked me IL had revolver; told him owned
one, but had II not now by me; then he asked if had
not some other weapon he could defend himself with
told him had; it was this cane (holding il upo let
him have it; 1t has sword in it, he fourshed and
said he could defend himself against all the priests and
thought there something wrong about the man.
and for letting him have the weapon he held
for any of them; his action violent his
bled, his eyes were very garing and he looked like
followed him prevailed upon him to give the cane
as it might excite suspicion and they might arrest
him said he had been followed all about the town;
had been followed into Cornings store Irshmau in
Cornng's employ told Corning he could work that
day, as he had received word from Brooklyn Of some
important business that had to be attended
day. the Irshman turned to Tucker and stared him
very furiousy and walked Of the store when Tuck
came out and started up State street he saw said
Irishman with two others standing on the corner Of
state street and Broadway conversing together
he passed him this said Irshman made the remark,
&C that is him. of the other two made the remark
that he would like to drink his hearts blood that was
the and substance Of that conversation then per-
suaded him to give up the by promising to get him
revolver; he then left my gone about an
hour back and presented himself at the door, and
revolver for you he turned sud iet tho 70
store he stepped into the store and stood very stiff his
eyes were very glarng.
Cross oss.examination-He stood erect read of the
Brooklyn Know Nothing and Irish riots can't say
whether heard read Of those riots before that time
Tucker had on white fur hat
To the Court-The man that came with him
Isaac L. Allen.
Charles L. Macarthur sworn-Residc in Troy am edi-
tor OF the Troy Budget have known defendant since
S4S he was editor of the Troy Wing during part Of
the same year !; met him at stanwx Hail. in Albany,
TO Mr.. Watson, formerly editor of the Whig Tucker
said in reply to remarks about Watson that it
not remarkable that he had this trait character to
which had alluded-nsmely his statistical and biogra
phcal knowledge he mentioned man who knew by
heart the name of man in the United States he
was judges there were plenty of who could
look at at building and tell the number of bricks in
it; he said this so gravely that looked at hnto
what the matter was There nervousness about
him, wdness of the eye; this conversation be-
fore dinner.
To the District Attorney-Tucker had drank glass OF
n knO
whether he drank before that day took the drink
Direct-saw no indication of his intoxicatou that
morning.
| Robert B. Thompson sworn-Reside in Troy. Was
gust last. The changed to Brooklyn freeman
Employed defendant editor before change of name.
or until occurrence in August. Tucker ordinarily
at the ofice about O'Clock in the morning Usually
be-
times when Tucker sat at his desk he put his hand to
his face and asked what supposed they would do with
right nov" This occurred very often. He went to
Albany with his wife while in my employ. After
he back his wife wanted return and he went for
her, saying it not safe for her to travel aone he
had received letter from her. it the Sth Of July
August at the Office about eight O'Clock and cut out
reprint for copy do not think he wrote thing that
morning; he went away to New York about eleven
O'Clock; of his visit to New York to
Dr. BraL dreth and Mr. Derby, the publisher said they
old rieno of his and thought he could get pay
get money must stop don't know that he had any
other means Of subsistence than from Office he
rot in oxcated he returned to the Office about half past
five six; talked together and walked up far
the Post Office, where left him; he stopped at para
sol store and got paras6 he said for his wife; he
had popgun, which he got in New York, for his boy
discovered no indication of ntoxicaton at that time he
promised to call at my house and go with to meet
ing that night at eight o'clock did not call did not
him after that. -
Cross-examnation-There nothing ont Of the way
with Tucker in the mornings; him when
uUhf bo undpr fba iuHu or li.,nr
18th Of July at the Office about nine clock in the
morning; he had his head down the table asleep,
supposed told him to get up, and he started to do
and fell back like drunken man; told him to 20 up
stairs lay down on the lounge and sleep it on the ap
drunk smelt his breath was very oensiye supposed
it was like liquor he went up stairs think went up
about two three O'Clock, and him there up
again about six O'Clock; think he was asleep; walked
him. and told him going to lock up the office he
down and left him at the foot Of the stairs told
him to 60 home and get sober and not back again
unless be did, don't know that saw him liquor
before that might have stated before the Coroner that
smet liquor on him frequently parted with him At the
"a OF August; recoleet the Main street riot
To the Court-Thnk the riots occurred after he went
to Albany.
To Juror-Never him drink at any time; think
would have been apt to notice IL he had been drink
| ing man. by sitting him.
franklin I. Maberry sworn-Resides in Morrisvc,
Madison county; am practising physician; know de-
fcndsnt; he was preacher Of Baptist society remained
there about SIX months prescribed for him occasion
ally for chronic darrh9a gave him opiates in proper
| doses; thought there something peculiar in his
countenance and mannera peculiar expression Of the
eye well peculiarty in his manner-quickness of
The eye and rapidty in his movements; have heard him
spcak in public, twice, think: thought he rather
in his DISCOURSE there Was something dif
ferent in his expression from ordinary His action
and appearance would suggest to whether not he
| was sane man.
Crossexamned--I have spoken to him: am not aware
under what circumstances he left the church, the
casions that heard him preach during the early
Ieriod OF his residence there nothing his per-
,oDal habits observed something peculiar about his
mode OF prayer prayed in a very formal and moni
manner; lived about so rods distance from him
there were two in his vicinity about Is rods
ds,ance-one kept by Lewis and the other by Closs.
To the Court-Haye seen him excited whether il
| produced by liquor not don't know.
| L. NJ. Kngman sworn-Reside In Morrisvle;
druggist in winter Of 1864 knew Mr. Tucker there
sold him preparation known Fosgates cordial
sometimes a bottle and sometimes dozen-got him TO
dozen in ALL he said be used it for chronic darrhTa
nave noticed popularity Of countenance and appear
ance nave heard him speak In public made fremen's
address which had neither hecin end II At