The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-13
Trial or John B.eE1olmes mr. the Homicide or
hs Policeman G0urlay.
Peg COURT OF GHHERAL EEesIONH.


fr Policeman Gourlay.
COURT OF 9RERAL SESSIONS.
Before Hon. Judge Stuart
roURrH DAS--uIDKcE THE DUxscK coScLUDD.
Andrew c. Boyd, examined by Mr. Phillips, deposed-
reside at 10 Washington street; remember the even
ing Of the Sd Of November last; In 63 Gresnvich
street (whsre Holmes ved) that night, from halfpsst
IL until nearly o'clock saw Holmes and the po-
hcsmen Gourlay and shsshan; the first saw Of them
was while was in Mr. Collins house; heard noise
the street we went into the front palor raised the win
dow and looked cut we that there was muss
across the way at the hs door Of No SO; heard
the conysrsation the saw was man na.ssd
James Callsghan knocked down edge of The side
knocked him down; the policemen took III him mn Az
prisoner l then heard Holmes say, "Go slonw
wn asisi sS,. and VI. Attend 70 II IN
sheehanI was the cause Of putting him the polos
and win have HIM broksn; they took OaaEhaa scros:
heard Holmes say, ~ am standing my own PREMISES
do not ressrd any Of you" Holmes Afterwards went
stood the middle Of the street the two police
men then came down the street At kind OF rum they
made rush for Holmes; could not hear Whist they
said, but as they rushed towards Holmes he backed
across the street towards where was; saw his hat
knocked of and heard the sound Of blow he staggered
stone saw the pocsmsn raise his club and strike HIM
the head Holmes staggered back and fell and he vas
followed " sy the policemen stretched my head further
over Holmes, and then heard him give a kind Of
screech. rl. -
Cfoss.examined by Mr. Beebe-r keep boarding
house at II Washington street; had not been Col
lns house great while before heard the noise; con-
turned, as have stated; was watching what was
going on the crowd did continue at No SO until the
officers returned; heard loud talking after CAL
lsgban was tasen away this about twelve O'Clock;
Holmes hat knocked of by blow that staggered
him; saw HOLMES up stairs be asked for pen ink and
paper to make his viii, he believed himself dying;
his wife got them held the candle and then began 10
write his viii for him. he tried write himself. but
To Mr.. Phiilips~I was acting with Collins that Dvst
am not of the same politics as Holmes.
EVIDENCE FOR THE PROSECUTION IN REBUTrAL.
amined by Mr. Bsebe, dsposedI remember the night OF
the 9Th Of November; Gourlay was under my ccm-
maDd saw him in the nsghborhood Of eleven O'CLOCK;
was in company with him; he was perfectly sober.
To Mr.. Phllips-l think Gourlay about ffty
times between the hours Of six and eleven O'Clock that
the Ion gest tme to the station house Trinity
place that night at seven o'clock, and remained there
about fifteen minutes; then returned to Greenwich
street. don't reco,ect where was when Goursy and
Sheehsn went their beats; went to Greenwich street
IN he sntcpation OF some disturbance in consequence
of the political procession attached to no party
that night.
O. Were you opposed to the Diamond party9 A. de.
cline TO answer; (beng pressed) yes opposed To
the Diamond party never understood that Holmes was
a candidate for Alderman; might have heard Il and
I'm sn aos nsa1a mat a. the - Of Holmes were in
roed with Gouray the better part Of the time between
seven and eleven o'clock do not believe went into
any house, wsut to the station house at o'clock
and thence home did not return until heard that
u6urlay had been stabbed
O. Do you know of o description being raised to su-
ploy counsel to prosecute HolmesS A. Yes 4 got 1t
up; promised to subscribe and recommended the men
TO subscribe also; there has been complaint made
lice, but it dismissed last Monday; gave direc.
tions the next morning about the removal OF Holiness
house about half ms distant ro I p.ss
@ Did you not tell them to drag the damn fellow
through the streets-it was good enough for . muir
O. Did not Mr.. Holmes ask you to have q coach
brousht for his removal and did you not answer that
anythirg was sooe enough for murderer A. don't
To the Judgs-I only saw sheshan about half dozsn
night at ss sn.s
there then.
Patrick scollin deposed-I am one of tho
at Trinity place station house; remember the night
that Gouray was stabbed Twas at the station house
when CalaghaD was brought in; Gouray and sheehan
the appearance Of being drunk don't say that Gala
gbsn was drunk, but he had taken liquor.
Cross-examined-I did not know Caaghan at the time
he was brought do not know the Of any other
prisoner that was brought in
O. How often have you talked about this affair in the
station houseY A. We have talked OF it. back and
ward, frequently never saw Gourlay except in the
station house In the street. Sheeban the charge
hold of Callsghan he required no help to walk down
stairs into his CELL cannot say whether Calaghan
MED or not the charge made against him; Mr. sylvis,
purse raised to retain counsel to prosecute Holiness
Officer Hill deposed-I wss in company with Sheshan
stabbing he was sober assisted in carrying Gourlay
from where he stabbed to the station house
Crosse1amned-I was asked to subscribe to the purse
by Captain Halpn; did not endesvor to ascertain
whether Gouray had been drinking not could not
say whether Sheehan had been drnkipg not did not
see Sheehan from sundown till after IL O'Clock.
Officer Marshall examined by Mr.. Beebe, depossd-I
was in company with Sheehan between 12 and O'Clock
thar plight; he was sober.
To Mr. Whitng-I had not sem Sbeah.n 49,, 80, :
down until sIssr the afray. ~
EVIDENCE FOR FM DEfENCE IN REBUrrAL.
John Dalton, lieutenant Of the First ward police called
house on the morning Of the 9th Of Novem Der, ~hsn
orders were given by Captain Halpin to bring Holmes
from Trinity place station house; was preparing 10
with prisoners the captain asked II all the prisoners
were brought they answered that all brought
cept Holiness they said that Holmes waiting to rot
clothes or carriage Captain Halpn gave orders TO drag
Holmes from the station house. there when Holmes
was brought in; Holmes complained that he not
Cross.exsmned by MI Beebe-I have preferred charges
against Captain Halpin; think Ryan one OF the
officers present when Captain Hapn told them to drag
Holmes over remained in the station house to see how
they were going to treat holmes.
Timothy Ryan, policeman of ths First ward, deposed
was at the Trinity place station bouss after Holmes was
brought there on the night Of the sfsy; was tbsrs
when he Was taken away he was taken to the OLD slip
Tor him ! told the policemen there was . carriage
coming for him. but they answered they had orders to
tied round his head.
Mr.: whiting then summed up for the defence. in q
lengthy and eloquent speech revising the whole OF the
testimony and conteDdng that the assault made by the
policemen Gourlay and Sheehan upon Holmes was one
that placed the latter in Of his life and justified him
IN resisting to the death. Ex-Judge Beebe summed up
for the prosecution.
Judge stuart charged the jury at considerable length
the law in respect to the facts Of the case a ahown
BY the evidence of which, for want Of room we are un
able to publish He told them that they we're the sole
judges Of tie evidence and OF the facts sought TO b
established by itthat not the duty OF the Court
to and discuss the testimony gveu: the
business OF the Court declare the sw ana Of ths
jury to find the facts The Judge then briefly suryevsd
the principal matters and features the trial a. test
fed to BY witnesses on the side and ON the other
and read from several authorities the settled law In re
spect TO the oente OF mansaughtsr In connection with
the statute OF the STATE showing under what
ces the killing Of human being could be excused or inst
ned and where ought not TO be- bat was manslaughts
OF one degree or another We may hereafter publish the
charge OF the Court the one that has cread