New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-12

crowd Who were opposed 10 Poole and Who were
1our d While passing oar turned ana nreo AZ nr.
Lozier, who was siding Poole to raise him from the
floor at about this time the police came and heard
two or three shots fred outside OF the and this
il about full relation Of the circumstances az they
occurred, 70 my knowledge. . ,,.,
In answer 20 further questions, vitnesssad; "nhs
Poole was there after this tme, he called for another
bottle Of vine; DO not state positively whether tois
wa the third or fourth bottle; do not know whe'hes
he cot the wine OF not; did not wait on MN
O You say Turner, Mclaughlin ana BAKER were
1, line with Poole; were they all facing hlmi A.
No Poole stood at the inner corner o. lie oar, an'
B,ker at the opposite angle Of the oysteroox; feu-
g.pe stood at the other corner Oh Ine o." 10
hbiod Psugene; at this time Jaw pistol. only in the
hands OF Bsker and Turner witness showed the po-
si,iops of the parties II thought saw Paugene LOOK
over his shoulder. and seeing that he Sas IN line be-
tween Turner's pistol and Mr. Poole, stopper aside
leaving Poole, Box and Turner standing in the posi-.
ton OF triangle Turner and Baker with their pistols
eveed az Poole; Turner put his hand over his shout
der and looking toward Poole, said, DRAW sud
ego in - be brought heavy revolver DOM into the
hollow Of bis lett arm did not see Poole have any
pistol
Q. Which leg dii he shoot him in A. Turner shot
Poole in the right leg about two incne. above tneca
of the knee, while he Turner w8 falling, or had
fallen down.
O. You Saw YOU then saw Baker on or over Poole;
did Won zee Bsher 20 70 him A. Baker and Others
rushed toward Poole, when be Wa f,lng-the others,
friepds of Poole. 10 save hin and Baker 10 do what
be has done, murder him; Baker wa down on one
knee and MIR. Poole up about hs breast sonewherei
Baker with pistol in his right hand, pointed at
Pooles breast think he was trying to get up from
the floor and Poole, who was lying on the floor, had
hold of him; he was leaning over him, aoi when he
shot Mr. Poole in the breast you could hardly see the
spsce between Poole and the muzze0f Baker pistol;
don't think the muzze was over tafee or four inches
from Poole when he fired, but ~hen saw It 1t was
about 10 l2 inches: Baker fred his plsol, think,
three times; if Baker be shot, from tee position IN
which Turner lay, he s the man who SHOT nj Tor ne
fred biz pistol several times IN that direction; don't
know whether Baker was shot or not; Mclaughlin
was striking at every body: don't know il ne had
pistol he said something ike Why don't YOU shoot.
lCyrus SHAY here said that Psugene said 10 one of
the parties "Why don't you shoot Shay
81 think Mr.. LOZier WAS shot Il cant say by
whom in the head and thigh when he ran TO The as
sistance Of Poole; Mr.. Acker ran and took hold of
Baker when the later jumped away from hun; Pau
gene then left followed by Baker and Turner; al.er
thew got into the street heard several pstos5ots
fred: il was one If the three who shot Loz'er when
they were passing out; they went out IN Gro I'd to-
eetber and turned and fired at Lozier; | die not
hear ANYBODY say this, but know il personally; Nor
rissey was not with this party; the young. man VINO
came in TO Morrissey early in the evening wore
blsck frock- coat and has-orimmed hat.
Bys Juror-Mr Lozier ran TO Mr. Poole, exclairn-
ing, Do you wish to murder my brother ana,
while in the act of stoopDg to assist Poole, he ~as
shot; he told me afterward that Pauyene was the
man who shot him; | did not hear any one say, IN
goirg out, | have taken the son OF b any how,
but Think did hear Baker say, " Now vii! take
"you:" EN- not prepared 10 say that Officer Rue
was intoxicated but he acted rather foolish; Mr..
Dean sold him pair Of chickens, after be came back
from taking Moyrssey, TO induce him 10 go home;
Rue came back, think within fifteen minutes after
taking Morrssey out; believe that the party went
away in carriage; l was told that Baker drove It
away. -
Direct resumed-Linn was there, and also Van
Pelt; cav Van Pelt try TO stOp Paugene Mr.. Hy-
Law hu+ q locker
take spy psrt in the affray.
John +. Dean, the other proprietor OF Stanwix
Hall was called end s~orn'-Ihe Coroner said y
would not be necessary to 90 over the same ground
again; be would read Deagles evidences. and the
witnesp could nuke such corrections additions
were within bis knowledge. Witness corrected the
former witness by snyipg ~ think Linn and van
"Pet came in after the shooting, aud tired to get Ba
"ker and the others out ] wss there when the first
"party came in" l should think tina. the frat quar-
rel occurred about hslpast 10, and Poole came pack
in shout ,hree.quarters OF an hours he was Ia compa
ny with Messrs. LoZtr, Shay and the brothers Ack-
eison who we're all present at the time these other
parties came in; they came IN aboui l2I o'clock;
Turner and Hyler came in, followed by Paugene and
Immediately ser that Lewis Baker, Linn and Van
Pelt came in; they did not say anything when they
came in Poole standing with his back against the
counter and asked Turner, when he came ill., TO take
a drink; be did not drink with him, but declined;
Paugene care in next and stood out IN the micde OF
the floor and asked Mr.. Poole what he looking
AZ; Mr. Peole made reply and Paugene asked Mr..
Poole il he would go out into the yard and hight;
Poole replied, No; you are not worth II; on that,
Mr. Paueene took hold Of Poole BY the cos,, and
Turner pushed him away ard got between them; Pau
gene cot biz hTger into the bnion holes OF Pooles
coat aDd reaching Turner shoulder spat three
times into the face of Mr. Poole; ne dared Mr. Poole
10 90 out into the yard and fight him. Mr.. Poole said
there wss 10 in NewYork who could lick him
(Poole) for $500; Turner said You say there no
man in New-York who can hex you for 5000 "
With that turned my back, TO come out of the bsr,
and when got along to the other end Turner had his
cloak open and was showing his pistols; ~ turned
round heard Turner say. Now Poole draw; Just
before that he threw bis cloak Off and drew MS
piio and presented il Ia sx-inch revolver At Poole;
at this time Paugene Tas squaring of At Poole who
he'd backed 20 the extreme end OF the counter and
Poole was showing him away, Paugene excaiming,
." You son of a b.. you .hall fight" Turner had
leveled bis pistol his left arm, and in waiting
for Paugene TO get out OF the way he hao leveled bis
pistol right at the middle of his own arm; il vent Off
and he shot himself through the left he fell upon
the floor and fired again while the floor, aud shot
Poole through the leg; Mr.. Baker was then standing
with his back against the doors Ut The same time that
Poole shot through the leg Baker aimed his pis-
FOL az Poole and fired II twice Poole was standing az
the end Of the counter and Baker stsnding with
his back 70 the ooor. while Former falling Baker
fred twice az Poole neither OF his shots taking effect
Turner then fred night away after at Poole, and bis
shot took effect in Pooles knee Poole staggered, and
fen against the wall Baker went across aud laid
down over him, threw himself on Poole, and pre-
seDtDg his pistol at Poole said, " viii settle you
breast; Mr.. Charles LOzier then stepped forward 70
pick him up, sno in stoopiDg down he got shot.
Q. DO you know who shot him
A. les: Paugene he first shot him in the head
Psugene was st the door when he SHOT Lozier; be Ras
about two feet from the door when be shot him
Turner shot round unfortunately while he lay
the floor; Turner firing his pistol toward Poole;
by this time Turner had worked himself along by the
front door, when hs first fell be about twelve feet
distant from it, Baker and Turner firing all the
time Psugene was firing; think be fired more than