The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-05

bar and ssked them to takes drink Baker passed Poole
and Campbell in going to tho bari thought he asked al
in the room to drinhi think NO one bat Turner and
on At the time him getting OF the oor Turner had
tams on Mr. Poole had overc on; Paudeen asked
Poole to tight him, and Poole TODD him he not worth
When raudeen took hod of Poole did he reach
r. s sr as 10
worth TT he had hold Of Pooles coat at the time he
@ Did Paudeen ask Poole to g, out to the yard and
dehts A. No. he asked him 10 60 out in the street and
20 O. What did Poole do after paudeen anti in his
faceY A. He DID nothing until Turner broke Pau
deems hold Poole had his hands Ia his pockets
round nd behind the counter Psudsen followed him up
Poole kind Of backing up; Pxudeen appeared be
Inclined 70 60 in and follow and yet afrsi TO do
foot Of the recess within four Ave feet OF Poole he
moving all the tne-a step forward, and step back
O. Where did Paudeen and Poole stand when farmer
threw oil his coat and pulled out his pistols
Witnes was explaining and going over the tssh
M Whiting interrupted him, and told him to
Mr. Clark said he would tell the witness that he had
right to exp plain h'mself.
Mr.. whiting said that Mr. Clark not the Judge.
MIR. Clark said be judge enough for that and he
would insist the witness being allowed to explain his
evidence.
The court here took for quarter Of an hour
On the reassemblng OF the court the exanina
ton q McDonough was resumed-The first Of Tur-
ner's pistol when he had II in his hand 1t
ner said to Poole Ii that's your game let you and
have it. stand back" there was between Turner
Poole at the time pointed his pistol ars il did net
60 Off he then went up to Paudeen and caught bold oil
him and swung him round with one hand and the pistol
went eli and hit himself in the arm.
Mr. Wbtpg-Ihen he did not lay his pistol in his arm
and point to PooieS A. No 1t went of in his as
The ARM caught hold Of him and let him down. tried
to got the pistol from him but he held on to it, it was
while letting him down that the bullet passed BY me-
there but two shots fred Baker stood between Tur
ner and Poole; there two sho before Poole
wounded in the knee before he out of the
when Poole went back into the did his
hands up when went into The closet Andrews Harris
and Campbell already there; the shootng affair
Ell over when Mr. Jeanaway came in; paker had gone;
away was there wheu came back with the doctor
cid not hear Poole say that trey there to murder
him. heard him say he would bet $500 there Was
there could lick him.
A, did not Eistol in Mr. Pooies hands from the
time went there until went for the DOCTOR when
while in the closet the parties got out Of my sigh for
very little tme about half m,nute when went into
the closet Turner lying his side the oor dia
not see pistol in Bakers hands before into the
closet; the first time pistol in Bakers hand that
night he was going out Of the door heard shots
ard Ackerson, with pistols ia their hands, Shay
fire pistol at Baker us he was goiog on. Of the
Q. You saw Bah down and Poole top OF him. Now
eouo you be mistaken Baker being UNDER A.
No; Baker under; heard shot after Baker got up
and went tow ards the door Poole did not any hing
when Taudeen ssid 10 Mr. Dean TO put Poole out too; he
did not say whether he would 10 not; heard two
three hots in the street. at that time Poole got off the
floor, vent TO the counter and took carving knife and
went to the green bsixe door AMI pu, his hand the
handle.
O. Mr.. Poole segered AMI fell? a. He was in that
Tosisn (staDdiDg at the door, when went Of the
back door to see If my rage going away found
my carriage there, went in again by the front door,
was afraid to go in that way, though knew Poole
standing at the door with knife In his hand be
canse Poole was friend Of mne and knew he would
with Poole in his arms he said Bil was killed. Poo e's
head YRS hanging on one eide.
Q Was it not Cy Shay who had Poole in his arms9 A.
No, SIR IT Jake AckeEon when Corkey Jack showed
the pistol there were think three chambers
Off discharged and the caps of; there think
law, and long time hunting fo the house Corkey
Jack OF side OF the street and at the other
pistol said he picked It u pG'
friend Of Fooles; knew Mr. Baker before this; have
seen him since IN the lomss there was nothing saa bs.
being nner Poole Mt the time; nothing at all took place
between usI only Baker; there geeat deal Of
| smoke near where the persons We're firing.
Q. When you say Baker under Poole, had Baker a
hold of PooleS A. did not see; Baker showed him of
| and Il ey both got up.
| Q. Who got up first A. Mr.. Baker; do not know
who shot fozsr do not kno whether lozier had
thot in the head before he went towards Baker, Poole
came out 81 the ozier going towards where
Baker stood; did not Poole stagger that way
! cannot soy what position Turner was in
,
Poole had started forward rom the before Turner
discharged bis second pistol when the 1or Baker
was little his back aud Poole him. Poole was
not knee i'd not her of them in that posi-
ton did not either Of them take hold Of the othsr
by the eek could not with sufficient clsaraess
to see whether fooles body was fat on Baher
Mr.. Clark-f want you TO explain no Baker got up
fret when Poole was over him2 A. Baker showed Mr..
Poole of Of him the wall and then got up
heard Turner say foole Never mind him, Bill, Pau
deer is drunk " Turner not drunk Baker sober;
Psudesn was drunk; when ! saw Baker in the ronbs !
min hay Dir
ieeoect saying to him that did not expect to him
there.
me that yonr testimony ought to be made publics
Mr.. Whiting objected.
To Nj tlais-it was before Psndeen spit in Mr. Pooles
ace that Mr. Dean vent towards the dosr; whsther he
(hr. peap) went cut or not can't say.
Mark Mcguire, examined BY Mr.. Brady--I am new,
paper carier have got other persons in my employ
who carry for me; engaged in that business SINGS
1881 knew ios lie about thirty years; intima,e
with him up the time c the difficulty in stanwix
Hail. had brother who also ntimat with Poole
.. State what occurred in stanwix HALF A. Twas at
Flo,ences first and heard there difficulty between
Poole and Morrissey; went to Stsnwix Hail. Mr.
Poole there and asked him how Ike wns he sad, very
well since he lad been out South; went into the inside
came In after and pulled Morristcy about. he did no,
seem leased; they went out into the room; there he
raw Poole and he Iorrissey) said to him, You blac
Poole ee.ed Morrrey to draw and Morssey said he had
no pistol Poole drew bis pistol and pointed Nor
rssey got between them and asked Poole whether h.
was going to murder the man in cold blood tod hin,
that Morissey had pistol Poole jumped on the wash
hand stand and then the counter and presented his
pistol at Morrissey; Morrissey asked for pistol did
not zee any pereon give him one; the saw he had
pistol he was pointing it every way he was drunk
Wss there any thing said before this about IshuenS
A. Poole spoke about rishmen he SAID lrshnan was
good American; told him an Irishuan was as
good as he that all men born Free and that this
was land OF equality and an bishman was good
Amercan that the country was made foe all: h.
said no Irshman was as good he said wa an Irish
man born and came 10 this country when Sas year
old and that was good he was; he asked NJ, 20
fight hin with cal wing knives said would fight him
my own way, declined to tight him WITH knives be-
csnse, said he was heavier than ne some other
words passed, and said was sorry for what had oc-
CURED between us, because OF the way he had
treated my brother; we shook hands afterwards,
and took drink Qsughter) officers came In
after that, and took him and Morrissey away.
Mr. Irving and Mr. janeway trying to make pc e
tshould think pooles pistol was revolver; 1t was
new one after the disturbance vent 70 Charley
Abes and took drink there then went TO Lafayette
Hall, and then to Stanwx Hall sgaip Mr. Trues well was
with me; the house full that was the last time Jaw
Peoe alive; ! know Mr.; Van pek; know him 20 be
friendly towards Poole; know Hyler; he was friendly
to Poole; peoles pistol close TO Morrisev when