New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-07


With Poole o. they had forueriy been friends; va
friendly 70 Poole alec.
Abrsn B. VspdeseH, svor-On the re'arn vi ,
from ire Canary lslaLds OF lhe Issbsns Jewss 60.
he Qoarsnthe G; go, them from the captsia OF tie
IsabeIis Je~etJ; | asked hin for Bkrs elsthss;
the caytain ordered the steward to 90. bag;
be AVE me- the bsg, and l gave IL 70 Tno0n Burnsi
horced the J.wett while at anchor.
Cree exsniDed-l had been Squesssd 10 get ms
bsg BY Mr.. Burs.
Thoua. c Bsrns sworn-I an the person refSrca
to by ire las, vitJess took the bag from vsndevesr
home; wss on Staten Island received letter from
Baker, asking me 10 board the brig whea she arrived
and get the cothes, as be night want them during the
till; II contained coat, pantaooDs, vest two shlrts
NJ derhift Over cost, and, believe, q psir Of
ale; The shirts dirty sent them to Mr.. Baker;
The vert ahe pantaoons produced here are the same
Which received and sent to Baker; l examined them
TO see If they bad holes in them; the shirts were
white Car ton flannel undershirt sld two ordinary
white nosl q shirts; cannot say that exami ,ed the
shir's; the coat was heavy fuzzy overcast kind OF
gray old not examine it closely put them back in
tnG ss me be ard gave them 10 a man named Gso.ge
Bur TO take to Baker have known Baker twelve
yesre; ne 10 one Of the mildeet, bes.natursd men
have ever come scroes have known Poole ten or
txelve years knew Baker and Poole were not on good
terms from the tins Of frecss at the Gem; l was
pI.s.nt when they me. at McCoons Dam at the house
If George Car; Maurice Lsnergan james Duffy,
Tbomas Burns, and good many others were present.
think tbs. Poole calico Baker something scrcss the
c,os6; they hsd come words; l canIot ssy that L
recoect sby thing they said; / never impressed my
mind III TIE transaction; there Vas no assault on the
occasion; think Poole co nmenced; he called Baker,
think big headed son of 9 BIB, or something or
other Baker said he had better leave him sone that
il shout all know oft; ives very friendly with both
Poole and Baker; this after the Gem affair, bat
60 not recolect the date.
Crospe,a an iDed-l think Baker told me about that
tine that ne carried pistol ard that he meant 10 pro-
:. IL. e L,.,& -. ak.lk
George w. Casseiy, sworn-I an o clerk at the
Boz de dwarebouss Greenwigh street; resided ia San
Frsncisco, California, from 1s49 TO 1884; was esp
fan Of the peice, ard aft.rward Justice OF the Peace
here; knew Cy. shsy BY sight there heard about
hjn.
Q. What wa. his character A. He was hard
cs,. mean BY that he was pretty hard case every
way; he was the 6gbtiog man OF the Wing party he
WIS roeoy, ana man whom would not like 70
have A. yibIg TO DO with any way.
q Would you believe such man a. Shay
would not; his general character was bad.
Cross-sxamined- Have bs~n a clerk In the Bonded
WAREHOUSE since July; don't think have ever
heard ShaDs character for truth aud vcracity dis
Guessed Fave heard il spoken of since this trial COM
penced and hir before, by some Of the police Of
San Fsncsco; never heard Is spoken Of here before
the stsi wix Hall tragedy; never say Baker. and
do o. know him now; would not know him II fell
over him uni ss was told who re was; w. subpe-
paeo about IL o clock today; know Morrissey by
.i. BIT bsve spoken to him in San francisco; he was
not r company with Cy Shay to my kno Wedge.
Edwin Wainwright, sworn-Am merchant IN
Spring street know Baker; have known him four
YEAR; have seen him very frequently; his character
has been very good; have always considered hun a.
~ aoeab and ipt fensive and gentIemsny in his de.
por'ment generally; knew Poole by sight.
Moris ID. Underbill, sworn-Am policeman; have
been zine yesrs; was formerly in the Eighth Ward
have knowL Bah or twelve fourteen years his CHAR
s,ier was always good; always kne. him to be Q
pesceabe and quiet man regarded him as peacs-
maker; knew Poole; Poole character as fighter wa
a desperate fighter and gouger; ne was not good
NY was bsd; would not believe him under oath if
he wss inters.e5; hsd my eyes gOuged by Poole
over in the Police Court before the magistrate; one
of nv eyes was forced clean out of the socket; tha
ma, israte was Justice Stuart the matter was brought
IN trial; The Gaze was decided by Pooles acquttal
The records Of the Court Of Sessions were here pro
duoed in Court. The trisl was before jury Dandy
" ilsms xss q witness in the trial for Poole.
Q. What did he swear to
Objected TO and ruled out.
CIoss e1sminto-I was witness on that trial;
jude Stuart, DANDY Williams, Eugene Ward
s.syne hnossy ssS Paoe uhoat hi. lesx;op Il;
IThs record of trial of Poole wss here read in evi
depce)
Thoma. Mcguire, s~orn-I reside at No. So Crosby
was at Stan wix Hall the night of the 24tE
of Februsy; between and 10 o'clock at the frs
aft ,ay; l saw Baker there; be was addressed by
big losfitg coward Baker said he was no 20 ward,
and no man could ssy 80; Post said that Baker
coward too, and he could whip him; Baker said he
was not be raid a so you can all whip ma, but you
have bot done IL yet be WAS lesniag against the coun-
ter lauQhipg at that time; Post said yes, you carry
revovers; Baker said be carried pistol for his own
prottc ion; Post then asked him to go the sidewalk
and fight him; Baker said he was not going to mako
a Iosfer of bimsef by doing CO., Post then called
Bst.r big cowsrdly son of b.; have known
Baker FIVE wears.
Cfoss-exam ined-Baker YES about six feet from
Post when this remark was made Post said that any
man who carried pistol was coward, abiding TO
Baker, a. be was addressing Baker at the time the
fI,t Won d. Pos, said was calling Morrissey co ward
that was al be said about Mornssey; did not know
Norrissey bad pistol did not see Morrissey at this
time; Post was in the house when went in; he was
standpR in the ceater of the room; 10 asked me to
take q drink; | do not know a. did, be then vent
win in three four feet Of Bsker and made that re-
marx about MoIrisey; aner Baker sal be carried q
psto for bis protection be said to Post. You call me
Il q co ard becsuse carry pistol; you are bigger
coward than am" Poxt asked how; Baker said
that he Pos stood by and saw Elk or seven men kick
nan in the head, sna instead Of helping the man he
Joined in himself then left; did not interfere be-
caure did rot think there was any danger Of fight;
Baker cid lot seem disposed to fight, and in fact
beard him say IL would not 1 had heard then that
Bauer had Ieris ned from the police; Judged, from
the conversation that Post was favorable to Poole
and that Baker was favorable TO Monssey; did not
zee Baker show pistol.
John K Ling, sworn-I rssids on the corner Of
Cspal street and Broadway keep saloon there; it
il known a. john Linss; kno~ ell the parties in
volved in this Transaction l knew Poole, Baker,
Papgene, byler, Van Pelt, Linn, and Morrisssy; [
was Lot out Of my house after dark the night OF the
24h Of February; al Of these parties occasionally
visited my house; Baker was the only one a. my
beuse the night before the first sfrsy ct Stanwx HALL
this was early in the evening; II was IN the
hood OF tiI o'clock there wss no one in The houss
but Mr. Chasfsu, my brother n.lAw, myself and
B.ier. | proposed 70 Baker 20 play game Of crib.
haze for bait dollar q dollar to pass away the
time; we did 20; think was game the winner or
Io,er when Q young man came in, and informed me
that there had been On sray ct Stanwix Hail. it was
f.or, phiadslohia vho>a uame I iont