New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-05
LAW LNTKLLLGENUE.
THE STANWIX-HALL TRAGEDY.
TRIAL OF LEW. BAKER FOR THE MURDER OF
WILLIAM POOLE.
COURT OF OYER AND TERMINER-Befors tn, Hou.
Judge ROOSEVELT.

COURT OF OYER AND TERMINER-Befors ths Hou.
judge ROSWELL
SEVENTH DAY......TUssDAY, Dec. T.
TIE Court met ct II o'clock.
Mr. Clark said that The counsel for the defense de-
sirec 70 have all the testimony of the State heard be-
fore the evidence 10, the defeOse was offered
Mr. II all said tst al be desired to offer wore GER
tain papers which related to the resignation of Baker
NJ. c ara said he referred to affirmative testimony
Mr. Hall said that they should offer nothing aside
from the documents adverted 10 except perhaps re-
buttiDg testimony.
Mr.. CLARK said they should not make any formal
opening. But re desired TO say that su IN was the law
OF the State parties to an indictment could not est
f in in which another party in the same indict
ment was on rial 1t was fact ia this cssa that OF
two parties in ARRAY ore was indicted ard the other
nut 90 the stand "a witness. Still the law was tuch
nat the strict Attorney had IL in his power to re-
move the barrier az sust such parties jointly indicted
and against whom nothing had been proven IN the
case that their testimony could be heard and the
District Attorney did not choose to so act the Count
Rad supervisory power III the case over tue DISTRICT
Attorney, who wss not lawleas.
The counsel then proceeded TO speak OF the excite
mept uLder which the Coroner Jury rendered their
verdict and the and Jury maze up their indictment
This excitement had nog DIED out, and they were try
ing the case with the mind OF the public calm. He
read sso the remarks Of Judge Morris on the sppli-
caion 10 bail Mori,sey, Hyer Irving, Van Pelt and
Linz, in which be said that the proof before the Coro-
uers JURY was Lot sufficient 10 Justify the jury in
inducing Irving and Monissey In their vert let, aud
insufficient to convict H. ler Lnn and Van Pel' The
couI therefore moved the Court ID dscaarse Irving
Aorrsses Van Pelt, Linn aud Hyer from this indct-
ment. Mr.. CLARK then proceeded 10 argue bis monon
at some enst to show that the Court had power to
30 act in the case.
The Court said tha. 10 order to make the application
proper all of the parties should have been put on trial,
so tnat the entire evidences against all could have oeen
he nafIa. C.ald ha ga
been made. :,
Mr. Clark said that Bakers wish was that al should
be tried with him, but the others refused The motion
for severance in the case was made al me lnstalce OF
the other parties and no, Baker.
Mr. Hall said that the theory OF the case was that
all these parties were c0Dspuaors with Baker 10 &C.
comprising this MURDER and II would be al act wholly
ubwarrsned by Law for the Court 10 act ia tnh case ss
moved by the oefsDse.
The Court decided that it was not authorized by
law under the circumstances Of the case 10 discharge
the parties Ia whose favor the motion was made.
The coun sci for tbs defense excepted to the decision.
The following evidence for tae defense was elcIted.
George W. Issacs, sworD-l sm clerk in Fulton
Market and have been for four years; L knew Poee
and SNOW Bsker about January lsst met Poole Ia
tie May ors Office Bsker was not there coming out
aide with Poole met Baker; Poole, as he 90. about
abreast OF Baker, slapped ne and SAID to me, " Say,
OLD man. how DO you think that head would LOOK
"without ears or nOse on 1" be poioted at Bakers
head said Cons on; Bal er stopped and sad, +" lou
" hsd better let that head alone; Poole sela, aul
going 10 take the nose and ears of and make Pc.
Of soup of tpat head" Baker said he ha1 better et
the head alone Poole then put his finger up 70 MS
pcse ard said "You Il taste my mutton yet BAKER
said othing offensive. n,
Crcss. examineG-POole came up TO NE In the Msy.
orr Office ana said to me- " Where's that mayo
| asked him if be wanted 70 see him. ne SAID, NO
Dout Lin out 10 me; be said some policeman had CON
blamed Of him for selling liquor on sunday nothing
va, said shout Bsker in the Mayors Once; Poole
went In and saw the Mayor when Baker say rs
coming he stopped; knew the par Were az variance
18th one another and sartei off 10 the right; Poole
csugbt me and then made that remsik; Poole made
tie resrk loud as if be intended Baker should hear
IL: | did not know how long Poole and Baker had
beeDEenenies.
james McDonough kworn-I reside at no Fourth.
street OH hack was in Broadway on the 25th
of February; / was at Stsnw1 Hall; | went there
about u O'clock had no. been there before Poole
con.ice cred friend of mine; | was accustomed to 20
there every nis ht TO carry home Mr.. Dean and Mr.
beagle; arrived there at ~ clock recolect when
these parties came in ; was in when they came in,
and had been there about hour a. the time came
in Poole seemed little excited, and talking over
the ARRAY with Moissey in the early part Of the eve
pIDg be said Morrssey had tasted his mu ton aud
be oioLt think he would want TO ~ 1t again; Poole,
Campbell, Ins ersol and drinking wine at the
BrosGw6y end Of the bar at Pooss invitation; Poole
spoke OF Morrissey a. sn Irish son of b-h; these
parties then came in Baker came 10 6rst, Turner
next then the others and PauSeCe LAST; whoa 'ae!