New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-05

With the other hand he he'd on he green oaZe door;
hewss standing there when ran out the Mercer stree
door: at this time / did not know Poole was
wounded; when | came in through the front
door Poole was In a sitting posture with nus
hesd hanging. over his shoulder; John Ackerson
vas crying and supporting him; Corkey Jack Sot on
the boz wi b me, when l went after Pooes o'otner
and troher-in law; ii was at the turn IN Beecker
street when he showed me the pistol; he poiaed 70
tie cham 2egs and showed me they were dscnarse1i
esw two bsrres loaded and capped think the PTS
toll was s>ive shooter; Corey Jack did not tel me
whose pistol 1t wes he said be had picked It from tue
foor; knew Baker before this sfray; ! have seen
him ony once s1ce and then st the Tombs there Yves
no conversation between Baker aud myself there
abeut who was on top in the ahfsy there Tss nothing
passed bets cen us; cav him aud that is all; wheG
Baker and Poole got up Baker got up FIRST do no;
know when Lozier shot in the head; did not ace
him shot when Poole and Baker were dosn old not
see that either was on one knee; Poole was over
Baker
Direct examination resumad-Poo,e Paugeue snd
Lozier were little drunk Baker and turner wers
sober; cid not 20 70 the rombs to Baker; ne dad
lot know me- called on Mr. Clark at bis Office voun-
tariy; have no In crest or feeling in this matsr one
way or the other.
Cfots-exsminaton rtfume3-I y as not near enough
10 zee how Poole was showed off; saw Pole showed
off and Baker get up and leave.
To Mr. Clsrk-It was before Pau enc spit Ia Po0les
face that Dean welt TO ward the door.
Marx Mcguire, swofn-1 an a news loper carrier; L
have Der persons engaged with me; have Deeu thus
engaged since 1881; / knew Poole about 30 years
was on good terms with bin to the diff crly in Stan
wix Hall; had brother who also knew Poole; vas
10 Forences when / heard there was difficulty be-
tween Poole and MorisSey; went up there 10 sse l
Poole sitting there; asked him bow he ho5 oeen;
be sad be had been very well snce be cane back from
Charleston; / then weat into the back roo o; L say
Morrissey sitting there drinking some wine; usn
then came in took Morris.ey by the coet and hauled
bio around; Morrissey said he did MT want TO be
hauled around in that manner; the man Sill insisted
upon beuling him around; Morrissey got uo snd told
him net TO touch him, and be then walked iao the bar;
I.as Do thpF md q Won
"bl.ck Duzzed murderer or something of that kind
Poole said to Mouissey that no had tasted his mutton
before ard asked him hog be hk I'd Il; they then had
some hard cords Poole ssid he would 6ght Morrissey
mszzls TO muzze; Morrissey bad no pistol al tha time
Poole and NOrrissey then rushed toward one another
Jumped between them and said to Poole, " You ain
"eojpg TO shoot this mar IN cold bloOd7 This man has
"Do pistol Poole then went around the counter into
the recess, Jumped IN the washstsnd and pointed nls
Dis oil at Mo- rsey; MorTissey then asked there was
any man there who had pistol hs was druok enough
then TO hit any body even bis ffends the next saw
of bin be had pistol in his hand; Poole then spoke
about there being room full of Irishmen Sal 70
him ha. az Irisbmen was as good as anybody else II
he behaved himself he said he was better than any
Irishmap; told him vas born ia Ireland, and bad
been in this country 80 years, and cOnsideIed myself
ss good an American as anybody ese be asked me #
would fight hin, and said would; te asked how 7
I SAID in any way on an equality; he theng0t carving
knife; eaid would not fight that way as he was the
largest man; be asked me how would hght, and | |
told him how but would not fight with knives es he
had the advantage; be ssid he knew he had, and be
meant TO keep IT. he aterward said to me 10 give him
my hand; shook hands with him and took drink; |
when Morssey presented his pl-tol he dd 1t |
iDdirt city At Poole; Irving endeavoring 10 keep
MorIistey back all he could Mr.. Janeway Yves doing |
every thing to keep Poole back if Pooss friends had
cone as much as Morsseys, there would have oesn
no difficulty that right; sitter l LEFT Stanwix Hall |
went 10 La Feyette Hall, and then to Charles AbePs
afierwsrd went back TO Stanwix Hall there were 30
or 40 persons there; they drOkiGg wine and talk
ing about This diffcuy knew Cy. Shay; do not
Gro " mr. |
Lozier there he had been drinking wine, aud
suppose felt little fine, the same as the rest OF u.s.
that was the last time saw Poole alive; knew Van
Pelt; should think he was friendly toward Poele
know he was freddy; have seen them often to. |
gether; knew Hyler he and Poole wsre friends; !
have seen Hylr buy tickets to Pooles oa,l at the |
Chinese Assembly rooms; when Poole and Morrissey
rushed together OF the Two, an not certain which,
said Draw; Poole then drew bis pistol came from the
recess and poin ed il at Morisssy breast; Mossey
rushed on the pistol; do not know whether mofrssey
knew be bad pistol not, hs was Ia such sta,ei
got between them vt thai time csuRat bold OF foole
n fien6y manner, and TOLD him thst MO rlssey hao
rot spy pistol AID asked him il he was going TO shoot
him in co d Blood Poole then jumped ABOUT ran Ia
the recess and got on the wsshaand and pointed
the pistol at Morrissey; man named oaslon
was the person who came III the back room
and pulled Monissey about; he was Intimate
with Poole, and frequsptly visited bis house;
herdly went to Pooe's house but saw 1rtolI
there; have seen Hyler ana Van Peit there; saw
Baker NJ Sanwix Hall during the first difficulty with
Mo,rissey; he did arc said nothing duriog the rams,
action; when j saw him he Yves taking drin6i did
not zee anybody come III aud give Mornssey a psso |
/ saw a man named Post come up to Baker and call |
him lpster and ell eors Of hard names; Post was an
intimate fiend OF Poole's most Of the people had |
gone out at the time; Baker replied that he was no
Ioafer he did not seem to say aoYthlng 10 breed |
qualrel have known Baker good many years, and |
I have alweys known him to be peacesble man; If |
there were fighting men at the counter OF a bar he |
would go 10 the other end was present at difficulty
between Baker and Poole before that; 1t wss at Jack
PhilliIss in Mercer street; / ives with Poole and |
Patrick Lanersan and Big Bar ely was with Baker |
we tiled to make up the quarrel bet seen Poole and
Baker; Baker Was willing but Poole was NOT fooie |
told Baker that he would go out aud night him with
pistols; Baker said he dii not want TO fight and he |
woulontif he could nep; Poole called hin very hard
Poole continued TO abuse Baker until Baker went |
away Baker at no time did anything to Poole often
sve; occaaon also on Coney Island We tried to
get them to make up
Crossexsmned-I have been friendly with Baker
my friendship with him must have commenced eight /
years ago. l continued friendly with Poole until his
death; never hac difficulty vita Poole until that
night and We made up then; said was sorry there
had been any words bet~een account of the way
he treated my brother do not recolect of speaking
10 MOnissey when went III the bsck room; sam Suy-
cam, Wallace, Hogan and MOrIssey were ia the back
room; Hyler, think asked me 10 take a glass of
wiDe hen Monissey said 10 Poole, els II there yeu
" are, you black muzzled murderer think Poole
had said nothing T. hum; Monissey stopped when
Poole spoke 10 hin; am fIiend of Morfissey Pau
gene ard Van Pelti never saw Baker at Poole,s
boDse; saw PaugeDe there one night; when Poole
proposed 10 fight me there was but one knife shown
ana that him. said would fight him with
pistols be said he had the advantage and he meant TO
keep it, the pistol shown here locks like tbs one Poole
had IN his hand that evening curing the threatened
difficulty With MorIssey; l did no: see Poole strike
Aoirissey snoot at bins Baker was taking drink
Mben Post came up and acCosed him; l suppose