The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-28

couia not say I'LL saw ho and Poole 60 the
q. Was Poole then stagssIoS from the wound in ths
klees A. presume It Was from that.
over HIM A. He lay precisely VIM his back against
Q. Did you sec BAKER draw pistol thsns A. dN not
So him draw a pistol; he hae It in his hand.
y How long after you saw she pistol 1t before It
vs Mso s A. Not mere than ,s or sx Bakers
whether touched Poole not the pistol just
was dsshagea Wa then porsing directly Ut fooae's
Q. A,er he shot what e,d Baker dos A. After hsarsd
into his breast he'e kind Of wraagle them
ON the foor Baker then get up and a run for the
coor, when he grsbbsd N the back; it was not more
than minute after he fred that he ian Tor the door
door Turner lying at the time is the middle of
ths room and then saw no more Of them; remained
Of his shirt and when di.coverei he was wouadsd ssid
ne WAS dead saw the marks Of blood upon his breast
As ne staggered 80 the door followed him did TO
to his honse him home the next day = had on
brown overcoat and pair OF drab psnaloons; did not
see ses foSle have pistol at al! that night; Baker vas
after Baker asked me to take drink, and said did
not. not want to take drink, | did not hear Bsksr
only time heard him speak this occurred the front
rom didn't hear anybody ese say anythins; MsLoush
merely Let us sail In any how this said as he
Grew his pistol he was about ten twelve feet from
Poole when be fred didn't the Of Baker
~ be said this, Of any ese the counter ths
fiont room stood on the right as you 60 inone the
feet Of the front window and then twelve feet till II
comes to another counter the oyster stand ands ~ tho
east end e the counter towards the street. Poole
sapcirg four i've feet from the towards the
font Of the buiding he fell he retreated towards the
end counter towards Broadway; when he down aud
sht he was on the south side Of the room; but he
standing the north side when he received the
the egi he wall he fell against the south side.
u After Poole was shst In the way you describe, did
any or all Of those who in together Ieavef A.
When Mr. Poole was shot In the except
them remaining there tho friends Poole thore;
Mr. shay, too, Mr. Acherson; Mr.. Dean Mr. Deagle and
myself all the party that came in with Baker hAi left
| this occurred an in from one 10 two minutes
q Lid you hear Poole say anything in reply to any OF
these n, men, A. Ne be kept STILL only laughing when
O. How his bands when he stood still and augheds
O. Did Poole fult when he received the shot In hi,
kneeS A. No he did not faint till after Baker shot BIN;
he stood up after he shot in the breast for time
O. How far Baker of from Poole at the time he was
shet In the kneeS A About four feet.
get hold OF his HANDY A. Az he staggered caught
hold Of Baker think it while crossing the room.
Q Did you see Baker at the time Turner 8redS A.
O. You didn't whether he was facing Poole or not
q. How Baker standing looking at the time he
staggered towards hmS A. He stood looking towards
him, lssDing against the counter
hands at all at that time the next thing saw Poole
with hold oi his
Cross.cxamined by Mr. Clarke counsel for prisoner -
Q. How many times have you rehearsed this storyS
A. cannot say how many tmes-two three times,
before Justice Brennan.
Q. Where next A. can't sayexccpt to the District
investigation; told this story four times
Have on seen any report in priStf nevor have
Poole !" A. have IT, but not TO open It,
Q. You wish to give such account of this transac
on as viii enable the jury 70 arrive at just verdict
A. Yes, sir.
q. You we're af,i.nd Of pooie'ss A. Yes sir; have
been intimate with him, and have boen very good
terms with him for four Ave moaths previous to
his occurrence WAS brought up In he Eighth ward he
lived in The Ninlh; he Older than mel have known
him twelve fourteen years BY reputation my i
=; have been acquainted with him four or Ave months
before his death, but never vent with him.
him. nsvor y n company With him ~
excuI siors BAH; had social acquaintance with
part Of the winter In November began to frequent his
bouse and went excuraions with him occasionally
from that iii February; have been with him 10
lheares around on sleigh rides aud balls; was With
him to ball In the Chinese Assembly rooms,
vert 20 gambling houses with him; was an emigrsnt
runper; poyed In the First ward; would
h,m generally At his house the corner Of Brosdwsy
and Howard street. he oidnt live there but that his
tiace OF business lie kept porter house there, AMI
lived In Christopher street. after he wounded visited
tim Al his house; the place used 10 TO befre that
his porter house, he occupied ,hs first aud second
floors, the third floor office IL kind; tho
second floor used faro bank before he took ii; It
not used for that while he held w. sometimes stayed
there ill twelve and sometimes til O'Clock; different
par ies used to go with eIcurs,ns; Cyrus shea
friends Of his; never HIN 6gh think have
seen lin with pistol Ia his hand; can't cay where II
was; think i was in his bar room bad pistol one
MIN; Mr. Hatfield with me that night got the pis-
io from him; was doorkeeper q the ball. and bor
roved the pistol from Mr. Hatfield, who migrant
Poole; didn't kn,w Of anybody else who hal pistol
tnst night; this the only occasion previous
70 his being shot that | ever carded a pistol
viii not that Poole In the habi, Of carrying
pistol do not know hs had the nigh. Of the ball
got pistol that night from jacob Aeserson; he
friend Of mine presume know him sixteen or eighteen
years; he friend OF Poole and his partner also
L v a. " what call one 4f puQle Gro I'd
A. Well lsuPpose 20; was not what you call one Of
lar for him; left roo'.s porter house With Ackerson
the light ofthc ARRAY Aekerson took pst, from the
osss and put y i'm IN hi, pocket had no pistol sasn
Jas Ackerson, brother of Jacob, was there cy shay
not there all recoect were the two Ackcr-ons
he usual time oi shutting up Po0le's house twelve
o'clock got there abon, eleven had been 70 ball In
Church street suppose they had pistols there young
street. q Whore you before you went TO ths bas
wen, from Pooc's place to the 6all about O'clock
can't say took dripk at pooies before went down
10 the Church street ball It's long ago can't reco
lec' Idont think took any At 81. did not dre-s fof
DIDN'T think rcclham had pistol got back 70 Pools
about IL O'clock, and from thai went with the two
that AcAerson had pistol with him soing out. when We
/ went Ia stsnwix Hall there Poole cy. shay and
Dennis Mcclure. and the prowietors and bar keeper
can Desgle, tho two Aes.rson and myself; NJ Camp
lei! there also think Poole and Mr. Campbell we're
drinking at the bar when went in; stanwix Hall Is
epean e. me s thing oS Entering Ss door Is
oyster box between the oyster box and the nrs bar
there t. sir feet n space aud the vent
hack to the wall don't think there passsgs from
the bar the wash hand basin stood IN The
recess In font n the bar. can't say how long the
| Tar is; II Is about long bar AL know, there
ecord and srHce between the drinking bar aud the
eating bar there q a door which opens into Kind Of
uantry: hey nd IA 4 II along smooth until " comes
70 tho stove think Campbell iiiend Of Poole;
.honId say = from their general stons toward
each oter denny Mcsiuire va man ~to us.d % come
iuto Mr.. Pos occasionaliy; don't knoS whether hs
xss friend or an enemy Poole drinking with Camp
| beH when came 10 can't say he had been deink.
ing great deal but II occurred 10 et the time TIA
Pole had been drinking, drank with him Oooel ntef
hat, he drank vine and drank wine, can't sen VII
In first last; suppose twenty minutes elapsed
aior got In tsfTe Bskcr IN; We got " Ssanwir
l'slI about TX O'Clock, and about twenty minutes -
half hour eifsed before aker can't tell which
~ them cane in nrst Ass "a. very nls interval b..
ween the time q their sising they came one sfter an
| oiler, sometimes the 5soT would shut alter one betor
1thsr came 10. II gren baizo DOOR Poole ca
I standing IN front of tho bar when Baker and b.
ifisns, in Campben standing sitn him ieln