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

q man named Curtis; nigh. haze heard II from Van
Pelt spoke him when went IN did not any
Of the party a,er left the City Hotel think Poole told
me Morrissey snapped the pistol ct hin two three
times; gave him opinion that he would be perfectly
justified be had ot Morrissey Poole did not spak to
Of any else rect ect Poole caling Tor two boz
ties Of wine end Mr.. Dean would not let him have In
consequences Of the proclamation OF the Mayor said ne
ought 10 e. Mr. reois have the vine as he had asked ioT
did not know the time bat only sad this to
gratify Poole; Mr.. Shay then after drank the
walk but be ccie) said he wanted to come in again TO
get ssgar shay said he oos) did not smoke aud did not
minutes thonght had better go home aud went
away; Poole had been drinking, but think he was in
condition 10 tate Of HIMSELF thought that Pools
wantng to 60 back for segar was only TO go in
To Mr. Clarf-whenI said hese people were whisper
ing together, meant they talking in ordinary bar
cnnversa tion.
Mr. NhitirgDo not people generally talk load in bar
roomsS A. # tried could have heard what they said
did not hear them speak Of the difficulty In Stanwix
Hall.
TO Mr.. Cark-lsid not Morressey at the City Hotel
BoIatio N. Wild exnmned-I am a confectioner.
Nr. Clarh-AEd Alder man, believe?
Witness-Councilman.
Clark-Thats rs bad--as good, mean. Haughter)
Witness knew Poole; was Of the jurors the
Coroner's Inquest was not Of the pail bearers at
pooes funerals am acquainted with Baker since his in
tisory steps in politics. he was an active young mau at
Nj Bradywe will leave politics on. of the question.
Witness-Ny acquaintance with Shay, Harris and Ac
kerson commenced ut the Coroper's inquest.
O. Lid Acknson, Shay, Harris, or Lozer, one word
their possession on the night Of the aatayY
Objected to and excluded.
Mr.. Cark-What Is Bakers character for goodnessY
A. have heard Baker called good hearted young
Cross. examined--I have heard that be had been en-
Christian w. schaHer deposed that he formerly kept
The house called the Gem, next door to the Broadway
.ay ID hat at he Gem be-
tween Poole and Raker. A. Mr. Poole and Mr. Johnston
in about ~ O'Clock in the day and called tor
in, Poole said to him, lyon lively looking
fellow; l think could fight yoa;'' Mr.. Mccain said
Pocie that he "never had good taste Of fighting yet
he would not be so fond Of it' Mr. Johnston was very
ofcous in the matter and appeared if tie would like
see fight they bad some words and made j. up and
had drink Mr.. McCann went out soon after aud
went up stairs while l thee Baker came
up and ASKED one that was there 70 down and
net to go there, he might have some trouole Bal
said be in that and would go there again. and
and out by he hall door and came in again TO tue barr
Baker come to the bar he stood fifteen feet fro Poole
End Poole said to hiI, "Yo9 carry pistol for me
either Stake" him whip him. Johnston seemed to
make ali the trouble; he said to Poole to go n with
raj 1' st SIls 1 Ssoe iooxed him. they got hold
Of each oth". and i was getting pretty .ssi
GU back IN few minute leaning
his chest the oyster box and Poole and Johnston
beating him. one Of them was trying to gouge out
Eakers eyes, Baker had pistol IN his hand and Poole
ard Johnston trying to hold IL down err they got
separated Johnston went out and Baser up stairs
used; it seemed TO II they tried to gouge them out;
his thumb also bitten; the others seemed TO be in
ju,se too; there was blood about them did not see
there that day to meet Mr.. Byrnes q Baltimore;
knowa Mr.. Byines don't think il was Mr.. ByrIes he
asked down stairs to drink think It Mr. Steele;
JOIN ston taller than Baker, but not stout
"take" means whipping, and Ego ia" means to com
Cross examined by the Attorney General-Baker could
Lave got out u the house without going through the
ba when they had him the oyster box on his chest
he face and gugng him; Baker hal pistol in his hand
Peoe raid, "You carry pistol Tor me, hear;' Poole
you Euier Was sandirg at the bar at that time at the
upper END OF the bar, nearest the door where he
down he stairs don't think any one came TO Bakers
Mccain went out, and don't know what way he came
in; knew Baker carried pistol have seen it with
for his protection; he told me be had called on
some Judge and got his remis,,n ito to cary it;
he carried the pistol for his protection and 1t attacked
again, he wo,ld not be so foolish not % IL.
10 Mr.. prady-I think he said lie called on magis
Ealer said 10 that he bad taken advice Of
ere, and that 10 determined to protect himself
company with Baker; do not know Van Pet; under
stood that Poole and Baker were at enmity.
To Mr. Wing "a juror)-when told Baker that Poole
there was enmhy between them--and az be was drunk
end had quarreed with Mccain, advised Baker not to
60 there.
John h. Haskin deposcd--I know Mr.. Baker about
twelve years; have always known him as peaceabe
quiet and npobirusive eli izen and Of mild
per- wrote a resignation Tor sir Baker, ut his request,
which snprose he copied; ree"leet passing the Gem
in medasey after the occurrence With fieuo went
in there Poole had gone Baker there; his eye
terribly gouped and eed aud shut mp that he
could barely see; his mouth torn and he had cut
hjs head from some instrument harder than fist.
To Mr. Whiing--f do rot know where that resigna.
tion h would state that advised Baker to resign after
tie sfai, al Pasts; ! defended him for the charge
Of assault and battery Hyer, at Patt's it was
in epce of that oaint that advised him
resign; think the examination showed hat Poole
not present at the difficulty between Baker snd iyer;
that affair at Ilatps two weeks before Baker resign
ed; have impression thai Bakers pistol at ,he
Sem: don't know whether Il had been discharged.
Thomas Byrnes exaw ined by Mr.. B,ady-I knew Poole
in his Hteme know Bal er abou. the time, MT
so lorg knew Poole; was in the Cen OF the time Mr.
he very badly cut; there cut ON his head his eye
gouged, he conld hardly zee, and his mouth
n; after that transaction ] bad conversation with
Poole; was at McComb's Dam; had drink the
verl ation that he going to stake the
end ears eff the id English of a b-' not
know who he meant by tho Fngisbmsn; he asked
what way was going said by the Boomingis,e road
he drove Tint ssy also; stopped to take drink
Eyer net tie English Of b. again he would gong
the eyes out Of his head he pulled out pistol and
lie would take his life any way; did not know who h
meant ty the Erglish Of b., because always
derstood Paker was born in the Ninth ward.
The witness not examined
Mr. C)atk--Dd you afterwards lear who he meant by
the Fnglshmari. A. Poole told ne il vas Baker.
II was half past four O'Clock and counsel for de-
fence said they wished to adjourn. They bad doubt
OF being able to conclude their testimony Thursday
Adjourned to II O'Clock Thursday morning.
Kings County Circuit Court.