The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-10


Trial OF yohn b. Holmes for tho Homicide OF
Policeman Gouriay.
COURT OF GENERAL SESSIONS.
Before Hon. Judge Stuart.
Arm, o-The trial Of Jshn b Holiness for the man.
slsusAter Of David Gourlay, First ward policeman,
about the time of last November election brought
on this morning The has created considerable
citsment from its political bearings and the court
was crowded with witnesses and spectators Mr. Holmes
gentlemanly looking person. and candidate for
Alderman at the time this unfortunate event took place.
He has retained counsel Messrs Whiting, Phillips
Tallmadge and Robinson Ex-Judge Beebe and tho As
sistan District Attorney, Mr. sejgewick appeared for
the prosecution. The following gentlemen were called
and examined as to Their capacity as jurors
Josiah W Barker had no I'M preston his mind to
the guilt innocence OF the accused was sworn in as
Hiram Coe read something of the occurrence in the
newspapers but did not produce any impression ON
his mind, and was duly sworn as the second juror.
Elijah Sheldon had not heard Of the occurrence, and
therefore had impression his mind to the guilt
or innocence Of the party accused He then sworn
Samuel Lyon recoecssd hearing something of the
currence, but 1t did not leave any impression his
Page T. Gale heard Of The occurrence but IL did not
leave any impression his mind He prepared to
y the according TO the evidence prodacsd and was
SCION Button had NO. expressed any opinion in the
case although he had heard Of the accused, and was
tnetelote uuy sworn. a.. - .,,.
JuIsr, snd was auIy swern h.,.a =, ,,a ..,a "a
9osepn nennng'en hsa nos nealu ~ s1 Sase, au
ion in the matter. He was then sworn.
Samuel Bryan heard something Of the accused, Blu:
mac mao so upn'0h 10 - INC gum y
Benjamin Cole had not heard Of the transaction at AL
Sworn.
George Kroutch had expressed opinion, and was
therefore decided competent juror.
Charles n. Whaps seaa tne accoun. gwen ~ ~ ny
de was thereupon sworn
The jury bavIpg been ernpanneied, Welcome K Beebe
ESQ.,, opened the case ior .hs prosecution he said
Senue man OF 'ne1uIy o"ins " 'no o0'upsA"1 - 'A
District Attorney in the Court OF Oyer and Termnsr,
have been called upon to present this case to you for
- -.,--.,. ~ - - S,., 49,. aos..,
your CONSIDERATION Inc chArse Oh WINCH 'n0 ue'ena
ant is TO be tried is that OF the
death without any design to take the life of a fellow
creature 1t Is hardly necessary to say to you that this
a. as casns and L is specially serious to the defend
ant 70 whether this killing shall turn out AFTER exam
nation to have been or involuntary wheth
il be ustifaole upustihable the fact that one
man has caused the death OF another must be
always serious to him Who has proper sensibitiss
granddaughter, in having caused the death of David
Gourlay policeman OF the First ward on the evening
pened about twelve O'CLOCK at night wh. the police Of
the First ward were engaged In their duty While Gour
lay was dischsrgDg his DUTY he was stabbed to the
was inflicted that shortly after resulted in death
shall here briefly rehearse the evidence that expect to
place before ycn On the before the eiscton
in locality like the First ward, must be exciting
when double care and precaicn are required from
the police. party met At the porter house Of Mrs.
Malone and the subject Of politics was freely discussed
The topic naturally exciting. and from words the
party came to blows They went out to this side walk
and crowd was shortly collected there. man named
Coils, who had been drinking, was especially noisy.
and while in this situation hey attracted the Of
and Michael sheehan They requested Coils to go into
the house but he refused ana used offensive language,
osat here The officers sill ordered him to 20 in and
when they told him they would arrest him he answered
that be would sec whether they would ana armed him
the officers while standing in the middle OF the street OF
which time Holiness the dsfenaant came up, and made
violent demonstrations against the ohcera While an
angry crowd yet there he approached caught shee
hams club and made use OF threats the result OF all
tnued, and the officers arrested another man namsd
CaIsghan, and after taking him to the station house
returned again to the spot Holmes was still there and
Gouray told him he would take him TO the station house
He refused TO CO. and resisted the ocer in the
duty Up to this time no bio had been struck and
here also you VIII nnd dinerence In the testimony II
was dark, rainy night, and the rays from the gas
lamp, near the spot were very Feeble am certain,
sn s sh a,u,a ,eny a1y you ,na sae nss
him, he was followed by ShsenAn, who says that NO
blow was gwen untn ne neard uouriay sry "on 300
Holmes three blows, which felled him to the ground
As he stopped to aid Gouriay who had also fallen,
better opportunity than others for seeing all that oc
CURED Gourlay taken to the station house, and
from thence to the hospital, where, shortly after he
died. He has left wife and children behind him
This Hs8eoy was ensc'ed In our midst In the
minds some, It created considerable excitement
that enc OF our guardians should be struck down
N tbs way, while in the discnarge Oh ms duty.
But the recollection OF mas passed sway and now tins
event scarcely rests on the memory OF ALy one the
memory Of his family though, ~ stn hves Holmes
.ent ato LIS own ne was ionowed ana round on
She hoor, without his coat, calling Ior pen INK and
paper TO make his ri 10 the rear OF death. he re-
covered however an. u wi be seen that the nJ ures
from which he suffered We're injuries received after he
hao penetrated the onense we seem 20 nave ialen
now on an age Wnen Moisnce slaiAs rampant ABROAD.
nesa o. man pro.ecuns n,s avn lgn.s AuIuuy, ne
uses piston OF kuhe; ne shan establish tnst wis
nwiuly pursuing ms au.y this man was Hsooed Ine
Srsnd Jury nave lasen numano view =, me case IN
mAnpS tne crime MAns'ausnte, 'nsteno OF murder,
fhengn upon iookns al ths esamnat.on OF