The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-04


Did McrIissey Pools mako the 6rst exhibition Of
pistolS A. Mr. Poole did; ADVISED Poole to 90 home
ser We left the station house, he did not say anything
Mr. Brsdy- understand you that the FIRST pistol you
fsw that night was with Pooes A. Yes sr; when Nor,
have hit somebody If It went or
O. Was 1t pointed at Pooles A. think 1t would have
hit Mr. Janeway, who was standing between him and
To Mr.. wbiting-Mr Jansway was ON the right side
front Of Morrisssy. and 'II' stood beside him Win my
face towards Poole; think Morrisssy's right
hand when he had the pistol pointed out; was within
two feet Of him; did not attempt to KIN ,ck It up Nor
ali s6is time Poole KEEP. his pistol pointed down did MT
tell MorIssey that he had better g home did not see
boy go out and bring Morissey pistol; might have
To the Court suppose Pole was i've or six feet feou
MorIssey whom the pistol was pointed A. h!m 1t was
cursng and swearing all the time but did not raise his
pistol Morrissey was curting also.
To Mr. Uark-I did not hear Poole say he was Anne
can Of bitch and that he could lick any Irish
of bitch in New York.
DR.. Putnam examined BY Mr. Whiting, ceposed that he
was called to see Poole the night in question;
found him lying on his ba * on the counter at sanwx
Hail. took "a the overcoat did not observe that there
were any holes in 4 before took II e took OF tho
chest and thought he would die very soon, and asked
to go for Dr. Cheesewan; the wound went d.
whether H. went disgonaly mott the hole in tho lapel
and the hole in the vest do not exactly correspond the
port m0Item examination was made BY Dr. CArnAcn IN;
was present at at the request made by the deceased
minutes taken at the examination; the ball went
between the fifth and sixth ribs, adjoining the
breast bone and lodged in the heart; there were
two other orihces on the leg, the exit and the
entrance Of the ball; they were above the knee;
there ale two holes in the leg Of the trowsers
it was made by me- afterwards saw the holes in the
coat asked If there was any pistol in the cost pocket
and there was not; the Fix is burned on ths inside.
To Mr. Ciark-ihere we're no wounds on the body cor
responc ing with those holes in the skirt of the cat, the
hole in the extreme corner of the skirt think was
was cold and had him brought near the FIRE, which
made myself covered him with the coat, and eadea-
could tell whether thse four holes were made from the
inside the outside Pooe died about twelve days AFTER
told him he could not live and he said he was not
afad 10 die
Mr. Brady gave notice that he would object to any aud
every declaration Of Pooles.
The Court wanted to ascertain if Poole in dying
dition at the timer A. knew he could not live, and
told him he put his hand over to me and said, 81 am
q CONNER want you to find that bullet: Gu. open"
dis usscn to the admssi0ilty Of the dying
declar atiops of the dc ceased.
The Court said that, suppose his Of assault
with intent to kill Poole he alive would have been
a competent witness, and the law has held that the dy
Ing declaration in the presence Of his Maker, aimissi
Testimony admitted; exception taken.
Witness TO Mr.. Clarkl never saw Poole before that
night; did not know what his religious sense of his &C
To Mr.. whitpg-I asked him if he knew who killed
him; had asked him way home III the carriage
Just before his death be said Baker killed him. that
Baker shot him as he lay his back he said
there we're great many shots; tina. Il was like
persons throwing corn from the hand; he said lie
did not Ore shot that night thai he had his pistol Ia
bis rocket asked him why he did not fire. and he said
he afraid TO rc for he knew they there to
der b,m.
Dir. Clark again objected to the testimony, aud said
such evidence. If Poole alive and the stand,
could ask him if lie fred shot that night and he dare
wisn:ss to Mr. BrsdyThst coat vas cut off Poole that
night: the ball went right straight in passing slightly
from right to left, it went right straight through the
wound the leg slight Il healed up before ne died
probably when received such wound as that in
the leg he would ssgger fall he would b. as likely
not mangled; the ball went clean through thiuk tue
bullet that kied him must have gone through the vest
IVA, .ny h Sons . ud not
whether It was one foot or ten from him when fired
Q. What was rooles height A. One Of the doctors
that saw the face of any man in that room until
went there that night.
was shotf A. He said he was on his back ANA Baker
over him. he raid that the shots thick that they
wee like throwing corn from the hand can: cant
.ho,s were fred at him; he did not tell that
Baker had been shot he cid not tell me that Baker
in the Early part Of the evening and that he put
up HE bandr and ssid III yon are going to HI me, for
declara,ionS A. No. that the first conversation;
there thing moe he ssdthat he did not blame
Baker as much as he cid Morssey and LYING that they
fcor in stnwix Hall: the only bullet got connected
with that affair the one took out Of his heart
Insked him. old he tell the when said he Gid
not fire pistol and he again SAID he did not fire ps
ss TO ss1n
Mr. Byrnes 70 juror)-I you did not ask him any
thing you would have nothing to testify.
Mr.. Whiting said the juror was crossexanining the
witness
Doctor CArnochan, Professor Of Surgery Ia the New
York Hospital, examined BY Mr. whitlns--l made the
post mortem examination II the body OF william Poole,
minutes we're taken Of the state Of the body.
1he Doctor was then requested TO read them he then
The surface The body presented three oraces Of gun
hhot WOUNDS: two the external eide OF the right thigh
sh,rt distance above The pateiia BY which apparently
the anterior aspect Of the chess threequsrers Of an
inch 70 the left OF the medan line, and about half
inch below line drawn the chest from nip
pie to the other. The examination revealed that all the
organs Of the body were in healthy condition. The
and carriages Of the ribs having partially
elevated bullet probe could be passed without diicn
~, tlantng from right 70 left through the wall Of the
thcrsx a. The place o. junction Of the carlages Of the
steIum being completely eleya ed the pericardium
to be much cisiended and It's surface in continue
which proved TO be an opsuing into the cavity Of the
peicsrcum tbnly closed ~ the oxidation Of plastic
stessl The right and left cavities e the psurs were
The percar6ium was found allied with serous 6uid
tneed with blood ana distended that 1t encroach
ed veiy much upon the lungs on both sides. Upon
opening the OF the pericardum and removing the
large guam i'y Of Serious 6uid the external surface Of
the lesr the lining of the pcrcardium
both found to be entirely covered with plastic exudaon
presenting all over signs Of high infammatory action
cursory examination Ct the heart In position did not
discose the presence Of aoy foreign body after
wards taken out, and upon careful examination bull
let inch in circumferen, e found enveloped In
delicate cyst and mbedded to the depth Of quarter OF
inch the muscular tissue Of the septum between
the right and left venricles about midway between the
sIex Of The heart and the base Of the venricles Its To-
caiy only inc icated by the of touch for
tie vound had entirely cicst zed there outward
yibe sign d its presence Obviously the OF death
Inflammation Of the psricsrdium and heart and It's
results
Q. by Mr. Whitirg-what was the course OF the ball
that entered ,he heart The ball that entered the
chest lsrted frm right to left and II there was any In
clinasicn II slightly downwards. such wound
could be inflicted by the party being down On the ground
cf almost in any position.
O. You have no doubt the bullet through the vest
tered his heart A. II is possible the ball could have
entered by those two aperorss in the vest could not
tell by appearance the ski OF Pooes coat whether
the bali wss dred from Il insdc the outsiie II is
impossible to tell the effect Of dsac mserai Gu eead ma