The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-06


COURT OF OYEk AND TBRNiNKR.
Hon. Judge Roosevelt presiding
The PEOPLE BAKER.
pxc 5-The FIRST witness called this morning was
VIM. H. Bell ex .mined by Mr. Clark-Q. What il your
business9 A. am a farmer.
Mr. Clark am glad to see man OF one good calling
among the Witnesses
Witness-In February last Sergeant of Police at
tached to the emigrant squad; Baker attached to
chat squad he attached to 1t since its formation until
he resigned have known Baker since he boy; his
character for kindness and good temper very good
il always considered good; heard any thing
Ranst him; knew named yandervoort, who was
xamired as a witness here; at the time knew Wander
oort he q reporter the cypress. Q. Was he in
The habit Of going TO your Office for iuforinatonY
OBJECTED to- l copied Bakers resignation; think it
Nj Haskins wrote the resignation the time Van
dervoort in the Office Baker had conversation with
me about difficulty he Baker, bad with Hyer.
Mr. Whiting objected Mr. Clark insisted that ii Is the
interview spoken OF by yandervoort. admitted.
Counsel for prosecution excepted)
the COPY Of The resignation for publication in the Erprs
that the reason for which copied it; we had com
plant book the same as the one in the Mayors Office
The reporters have access to 1t.
The evidence OF vandervoort was here referred to.
witness--lt is Impossible Tor to tell all the con-
versation that occurred there; he spoke of his difficulty
With Hyer; he did not say anything about revenge
had Baker bis pistol theres A. think he had he gene,
rally carried it about with him; he In the habit Of
having it there and have 1c uenty seen HIM take 1t
out Of his coat pocket.
O. lid he say what he carried the pistol for9 A. He
said he was not going 30 allow himself to be beat by
those fellows have his eyes taken oat he salt he
would defend HIMSELF he carried that pistol for very
considerable time, since he bel nged to the police
squad.
pistol with him Tor self defence since the difficulty
in the Gemf A. Yes sir {Mr. Whiting objected.)
Mr. CLARK said they had right TO show that Baker
Yed that pistol for sedeence and not for the purpose
Of assassination and thsy had right to show that he
met Poole, when armed with that pistol OF times
without using it UNI, he was alta, ke3
O. Were You not Of the fact that Baker carried
the pistol for self defencsY Collected to
The Court said c,uasel might ask the witness if he
knew when Baker got tie pistol
Q. Do you know when BAKER first got the psto9 A
do not; can't remember the FIRST tune saw it; think
was before the difficulty in the "Gem was after the
difficulty with Mr.. Mason. @ Was it in 1882 A If
had my diary could tell; il the first Mayor
Weeterveit into office that In 1853 did not
hear Baker say any thing about revenge
Crossexamiped by Mr.. ThitingI do not pretend to
ssy heard al conversation tina, day the emgra-
ton office while vauderso was there; Pooies
was mentioned oy Baker when no had the pistol ia his
Q. What did he say about Pooes A. think he said
thw tickle Poole he said If Poole and that med
died with him he would defend hnse both the names Of
Hyer snd Poole mentioned; he might have said
Eyer and that crowd. or Poole and that crowd can't
say posi- lively, but am under the Impression that in
speaking about Poole he said he going to allow
hmse TO be bea to DEATH and have his eyes gouged out
g: In your direct examination you mentioned the name
Of flyer IN connexion with thar expressionS A. un-
defstood Hyer to belong to the crowd.
@ What cid you understand him to mean A. sBaker
self and that they attacked him he wsuli so It them
Q. Did you advise him to keep out Of the way
A. did; l told him that it was not becoming in
an officer to be going near them; that il he did
mot get hurt, he would get brofe; he said Il he
not broke until he would interfere with them
WOULD be ltng time; told him afterwards that he
had kept away from those fellows he need not have
figr Baker belonged to the emgrant police squad
since II organized under Mayor Westervelt thiak
In 1893 think always carried for self defnce hs
was then policeman.
O. the practice Of policemen to carry pistols for
A of I nrriad oman ovsaIE
Was only short tine previous to his resgning that he
has the difficulty with Hyer; he had his difficulty
in the Gem with Poole, and his difficulty with Hyer
after LIE came on the poli;e; ne might have had
difficulty with them before he came the squad was
= sergeant; my superior officer the Mayor.
Q. Did you report TO the Mayor that Baker carried n
pistol and expected difcultyf A. IT kno sn all
Mr.. Cla,k-we viii show that Mayor Wes'ervelt knew
the fact Of Bakers carrying pistol for his own proec
ton.
To che Court don't know of my own knowledge any
difficulty with those parties pri.r TO %
,snivne callers 3eo srnaSway. was a. stanwip Hi on
. Saturday evening when there difficulty between
Poole and horrissey il about o'clock was going up
Broadway with a nephew of mi re and went into S
wx Hs to IT, 1t being place; knew Morris-ay
and Poole by sight they there; there was loud talk
Poole said that Nj iris icy had tasted his mutton be-
fore Poole asked Morrsey to 4, hit h Morrissey said
he bnd pistol Poole took out psol and presented It
1t Motrissey stood by the ice box Irving nterfered
and ASKED Morisey did he want To get shot; irving
caught hold OF Morissey, AID was BY this time backing
lifted the young man, my nephew, that was with me-
the counter; when Poole asked Morrssey to agh
him, Morrisey said he bad pistol; Morrissey was
drunk heard him ask fer pist, when Poole presented
1t him; beard some ask Poole Ii he was soiag to
murder the in cold blood; was there when Poole
had difficulty with Mark Mcguire he said TO Mcguire
that he would lick any Irish son Of b-h there
Or in America; Mcguire said an iri,h%an wa va;
Poole got carving knife and asked Mcguire II he
would fight him; Mcguire said he would fight him IN
s1n3h ou fbun bn. ,lnr
there; he was pointed out to me- there some
abusing Baker he stood at the counter Baker did
Cross examiped-i did not the pistol in Pooles
hand until be pointed it at Morrissey; did not see
pistol him lock At IT and examine i; he said t.
Poole, "Draw, you son Of bitchrm coming for you;
Poole did not say anything to that; should think Poole
and Morrissey had beer drinking freely.
.nined the pistol This IS. hell Of thing, but it vi
do''Y A. did not
Mr. Whiting "a iuror)--Did you know these paro b.
sight, that you could identify themy A. Yes ye
was intimate with them was told Poole jumped on the
counter, but did not see it.
To Brady do not know who the WAS that was
abusing Baker heard his nsmc was Post bat do not
william A. Bay!ey examined--I re lie in -frenteensh
street: am merchant; in the car 1855 was gene
Q. state how you became acquainted with himf A.
became acquainted with Baker in Nay 1851 the ecc'
c ,om Dsns q "P g%sreoS NJ present.
when called at the Office on Nh BardsIt the acting
Mr. Whiting objected to this line Of examination; Il,
did not zee what II ha6 t. do with the
Mr. CLARK said II Introductory TO testimony to
character
Mr.. whiting said that they should come to the ques-
lion at once.
Mr.. Brady argued the competency of the ntroduc.
tory examination to to the witnesses Of
knowledge of the character q Baker.
The question was withdraw for the present
winess-I became acqusinted WITH Mr.. Baker in 1851;
he was one Of the detailed officers at the Office OF the
Commis ,ioners Of Emigration; he recommended TO
h. Mr. Ru, Rakcr
himself every morning at the Office had opportun les
of becoming acquainted with his temper he had TO deal
With enigrant runners and the complaints that were
made against them.
Mr. Cark-They are pretty rough set of fellows, be-
Hevef
Wi,ness-Tbey are considered so the opinion formed
Of Baker wac that he remarkably amiabe and ten
der hearted man; there usually great many emf
grants crowding the Office his position was one cs'c
latet to try roan's temper; him there Tor year,
and consider that he kind TO he emg anst; the
opinion for med OF him that he kind ama