New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-13

mated, 70 ne language OF the ststufe great personal
IL jury lhe reckless and unnecessary discharge o, \
los ed PISTOL, IL manner evincipg depraved minj,
re, arCts Of human life, even without any prem o..
stec oesign 70 effect the death Of any particular ind
I yi6ual, If ceefh ensues, is murder.
Applying these principles to the fac Of the present
case, 90 fsr as we can ascertan them, let TO
What conclusion they lead
! Baker, ii appears, a. about the hour of l o'clock
at nisht accompanied by five other persons
him Elf ard two OF them was their or his ordinary
4 habit, armed with loaded pistols-sntered the then
nevly oper cd eating and Drinking establishment. csled
Sianwix Hail. situated il the most pub il part Of the
most pubiic street in this city. Aud the question is
II is the IL st question TO be answered By you-waat
leo III, sc lien there at ha. late hour OF the night and
what inc uced them to enter when they saw the shat.
,ers M and the place seemingly, al lesst-i being
now Supday-cOted for the nis
There had been, the evidence shows about three or
four bous previous, fscss in this place in the
preseuce OF some nifty or sixty spectators OF wnom
Beker vas ore. Monissey aud Po,le it is trde were
The actors; BAKER, elihou.h probably armed at tie
fine taking part, and Iefu,iog to Morrissey
tie use Of his pistol until the police entered aud put
SOP TO be proceeding. Baker, however, although be
t,ok no mart set TO 5ave taken come interest IN tue
fair. for We Do lin Immediately af.er at about or
10 oc cct seeking for Turner al Mr.. Allen in Lis
rer ard street, sey ng tbs. there had been muss be-
tween Poole ED Moniaey al S'snwix Hall. Mott
inc Turue-Hho, II seems, der led hmself-he ok an
omnibus and went Lpto IN. He proosbly stopped
although at is OF certain in the nes hoorhoOG OF
Howard street. Who he CONSULTED wth-if he con-
suited with srybOdy--does not appear, except as
IL nav be Inferred from Subsequent events All
We ksow is, that about 81 or 10 O'Clock, or per.
hans lster, he took hack az the corner OF How
ard street aid got out again at the corner of BIooms
ard in few minutes was seen turing back into
Rfoaoysy il company with five six others. We
NEXT hnt hin-for the Second time. Aliens Hotel
In Lspereld street, discussing the Morissy .ff sir 10
company with PaEgeDe, Turie-, H. er, Van Pet
Morn, &c, and Others Tits Gas as ste as l2 clock
or the1eabou's How lsDg they had been together is
rot shown ss The proprietor who the witness had
gone down owo aid been away from his ba-ro IN for
two hous or more. Nor docs it appear q. what hour
after tseve they left LisDenard street IL doe, so.
pear however, thai the same party, except Morissey
who after the frs, sffrsy, had given his word 10 he
officer aL6 kept il, not 10 go above Cansl srest a.
about O'Clock came together iato the City Hotel, 30
called, aroher saloon, at the southwest corner Of
Howsrd street and BcoadEay, and taere drank and
talk ed bu.not loud eDosgh 10 be overbe ird Poles
sa'oop you will recollection he too kept such a.
tabl-bmeD-xes 1T the opposite corner, in diagonal
oiIection but il had been closed for the night
after - Poole himself having left il more than two
hours previous. From the City Hoel-sucb, think,
is the fair inference from the evidence-th six persons
bamed who had been drinking and conferrin< or at
leest converting together there, proceeded about four
blocks 10 Broadway, until they reached Stanwx Ii 9l
which they must have entered late as If no, later
then o'clock. Why did they leave the City Hotel,
where for au. that appears they were perfectly well
accommodated, 10 VISIT at that unseenly hour Of the
night another establishment having no greater drok-
ing conyen iences unless il TO renew Baker
pressed it. "tbe ball which had been opened there
in the early part Of The evening If they merely
wanted liquor-Of which they already he'd great deal
too much-they would NATURALLY have taken il a.
the City Hotel, ard thence have gone direct to
their beds. Why, TOO, when they saw thu shutters
closed end bnew that Saturday light had already
advanced into Sunday morning, Old they PeIse
was there or il net, could they not easily have in
formeo themselves At all events when enteriug if
not before, they actually saw him, why did they not
desist and Withdraw Why, the contrary, did
Paugtne, tle lest who entered, oct the door behind
bin seemingly, for such appears to be the only infer
ence, 10 precluce any outside interference Such an
entry, under ell the circumsances OF Elk men-three
of them armed with deadly weapons-st such an hour
Of tie night and especially soon ST or the previous
ARRAY of which they were cogDiZant on the same
evening, unless fl ly and satisfactorily exclaimed
capno; fail TO give rise to very serious suspicious 1t
time, intending bodily harm (of which, however
there is no pfe.ense), they must have kuown it
TO be unlawful. Or if they went there to drink
for liquor - they equally knew, at al events
were bound 10 know that such frequentiag as the
law expresses IT,, ''of tipping houses, oa sunday,
The motive of these Six men, end especially
of the one frsl; for that unla wfnl aud sus-
pcious ysi.l YOU and the court and the public, who
feel and have right to feel deep int srest in this
trial will naua ~ 81 this TIE threshold OF thu bloody
drama that followed pause for reply. What had
tne pr a. the bar from or 10 The even
{, ur or five hours-what, | say, lad be been doing
or consulting or purposing to do He, OF course,
best knew his ON no ements, and vas oes. able
TO answer that question. The prosecution 10
measure had 10 grope in the dark They, oseyer,
have given us soIet IiOg-as much, l think, as
could reasonably have been expected from The n.
And that some,hiDg-be it more or less-tends, in
degree at least, though not very strongly, to sho8
concert and deibeiation, especially when taken 10
connection with omitted explanations which, 1t would
seem, might have been, but have not oesn very fully
given. But this as not all there was pad feeling ex-
istilg between the parties-exi'tng before the INST
affair of the same evening" for Pooles counsel, acting
10 doubt, expressions dropped from his Client ha1
advised Baker TO keep out OF Pool5s way and Baker
thinking, and perhaps rightly, thai Poole had oeen
guilty of gross wrong in the affair OF .he Maso na9
declared 10 Brewer, holding out hi. pistol at the time,
that il Poole ever interfered with him he would shoot
" him as quick o. be would a rat.
We will low, for tue better understanding OF the
subsequent scene, leave the Baker party, o-,4led
for a moment stancipg d. tle coor, while we take
brief survey OF he aud the then existing s'ae OF
things inside.
Poole, you will recollec., who, after the miserable
farce q. the police station, which SUGGESTED TO the
semi ua gical performance between hlmsef and Nor
rssey at the StsnHix Hail. had returned again, ABOUT
10 clock, 10 the sane place, was III engaged, as nc
had been for thee hours or nore previous Id he IN
orc mate indulgence of bis appetite Tor champagne
We may easily i'm lgne his condition. Although
lot drunk, according to the srosser ecceetaAon
Of the tenn, he was, 70 dou't-' use tne "a
preston for want Of betar-in "hal Is u'ufiy
5enominated q mandIin safe, but not q1lrresome
en- ertsning ever bo5y arOuud him-and the nun
Der about a dozen, including the proprle'o.
of The houfe and the lack whose carriage was al
the door, with the most pioiuse hoefaty' Me Pai-
ticular nome ut in question be was standing with bis
back TO the bar one arm resting on the counter near
the street, ard about ten twelve feet from the Ds.s
door, with Campbell Ipgersol and McDonousn nea'
him, and drinking bis champagne with hm-tw9 DOT
ties OF which under The allegation that they I'D been
ordered ten minutes before ~ in addition 70 ms pre-