New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-28

y The facts anteceden' 10 me ocSnnence % "o 1'''
~ ciS,urustanees Of IRE frs. hseas in the earlier
- AZ The sveriug Of the 24h Of February NJ Stan"n
HsIl ST which Baker vas present. A.. e.,
Tba facts occurring subsequently 70 tnc Ns,
fYacss vbicn are TO Dc Iooked a. Is oS'"s 0'-"
1xs e;,sums.anees Of the second fracs, in which
tn f.cs OF the coneealment and hisnt Oh BAKER
r..orsnt 10 the oath Of February.
r. acct 10 the fret, the counsel SAID That ant'
eSent 20 the date Of The murder ieeing OF hostny
"a sxi.tsd between Baker aad Poole and that 20 lar
~ Rsksr wss concerned, it bad assumed the form o.
ssests II would DO for the Jury 30 consider The state
80 seel;pss which existed with Baker. AT O'Clock
Mr.. Poole and bis friends went to Stsnwn Hal. Nor
,;ssey who IL also included IN this Indictment was
tbcre. A meeting took place between horrssey sad
Poole al which Baker was present. They exchanges
npsry words The Jury would have to consiier way
fster was spectator and what iofuence moved him
sbere Next, the Jury would have the evidence OF
senteroen who say Bsker at Johnny Ling's and az
he City Hotel, and heard what bis remarks wsre
there and the fee ines which seemed 10 eninse ain'
The nrpbsbilities Of INTENDED meeting a, SanElx
Han They should prove the final meeting, at IL
n,cloek Al stsnyix Hall-Poole, meantime, having
been arrested and released nney st' tbv pf csee t
.esher that yords of scrimony we're gwen Dy tnese
s,tes. that pistols drawn by Baker, by fGrneri
hs, The pistos were fred that Turner "as woundei,
"a pster was wounded, aud Poole was MORALLY
- that threats were used by the party who
weenuso n la poole was left behi1d. Baker was
Srkep into place Of coneealment waeie he
rs clothes and escaped They should then prove tue
lingering and finally the DEAN Oh rOos' TIC P'''-
mgrem examination, &c.
TIE esse would assume one Of two aspects, whetner
aer Bal er left Stan six Hall he formed desernhauon
10 return TO Stan viz Hall 70 Kill or murder Pooe or
% another aspect Of the case whether II Iae gos '1.ao
he 1ot evidence Of premeditaton Ihere was hoI PFC
tente of a quarrel got up. IL wss equally nlurder
quarrel was gotten up for The purpose OF getting an
exeuse for homicide, az it was to oelDeiaeiy coait
murder. .., p,o. h., %
xm6icste public Justice. This occurrence looked more
HE an aHray on the borders OF this Union tnsn
scene in hi. metropolis aed II was lnpOI'ana t9it
these points should be sed from frst TO 49, ana II II
were necessary to make example to terrfy eydoers
do II fesressly. The counsel then proceeded 70 elicit
THE EVIDENCE.
Cyrenius Harris, sworu-i was an enigrant runner
Twas acquainted with William Poole and Lew. Baker;
j had known Poole for ten years; knew Lew. BAKER
fight or ten years nearly; on the night OF the 2lth OF
Esbyuarv went 70 Stsnwix Hall about l2l o'clock
when vent in there Poole and several other gentle
men were drinking at the bar; he TUNED around and
saw me as l was standing oy the stove ara aszeo me
Il would hsve drink; Mr.. Shay and some five or
Elk Others we're there; about half en- hour Baker
came in; Baker came in with Tuner, Mclaughlin,
Van Pet Hyler and Linn; they came In AMI csme
70 the bar; Baker asked me to drink with him; said
j had just drank; the barkeeper said that the bar
had closed and that they could not have any more
Eoucr; / then moved away; saw Mclaughlin then
come up 10 the end Of the counter he said to Poole
ayou black muEzled son of b-h are you herel" he
then stepped back, and said wanted 10 fight Poole,
and .sked who there was in the house who could not
hex hin; Poole laughed but made no reply that
heard McLaug him Pargene then pulled OF his e0a',
and seized Poole by the collar, and said he wanted to
6eht him; Poole made no answer, but tried to break
swsy from him; he was laughing at the time; Pau
gene then spit thres distinct times IL FOoles face;
Poole then re,reated 10 the end of the counter then
Turn throUy off ia
he said I" let's sa in any how" and moment alter
he di charged bis pistol and the shot wounded himself
IN the arm; he then fell over on the floor; Paugene
had followed Poole in his retreat to bet veen the coun-
fer and the eyster box; az Turner was lying the
hoor he rolled over and fired bs pistol sgen at Poole,
and wounded Poole in the knee PoO.e then began to
s.sgger the room; IT appears TO me inst Pooe
when he staggered, caught Baker by his left arm,
drawing Baker on his knee and foot; l then ran down
ss close az could and then saw the flash o! pistol
m Bakers hand; the pistol was then within about SIX
inches of Pooles heart heard then reports OF pistols
M thew were down together, but could not see IN
whose Lands they were; Baker then got on, ana was
rnripg away, said TO Mr.. Anderson, who was near
the door, why do you allow that man 10 escape yo1
have a pistol l caught pistol from AchersoPs
hand and cooked it. attempted ID IRE 1t, but 1t would
moi 90 off Baker got out OF the room, aud saw moth
nc more Of him until saw him in court this mornings
II was about two minutes sitter turner came N that ne
shra~, off bs cloak; Baker standi0g thea about
ter or twelve feet off after Turner fired cannot say
where Baker went TO- the first saw OF HIM he and
pooe were tOge her; POoie was staggering rom tne
vonnd in his knee did net zee Baker draw pistol;
mot N ore than five six seconds transplred from the
time of nv seeing Bakers pistol AID tue hnng; Poole
at the time YVES holding one Of Bakers hands the
lash of the pistol attracted MY attentions after the
shot there was bind of wTangle for momeIt Baker
then made run for the door, when Ackerson caught
him by the back when they first fell Turoer was lying
In the middle of ther ROOM tore open PoOles vest and
saw the wound from the pstol-shot after Baker leit
him Poole got up and stood by the door moment
and then staggered aud fell ne was dressed In brown
overcoai; did not Poole have pistol think
Baker had on black oyercost and kossu.h hat;
Mclaughlin WIGS the man who did al the talking
Turner wss come ten or twelve feet from Pooie wnen
he fred; the bar at the time was en- The
north side of the room; Iear the front of the
room there is an oyster stand; it runs 70 near
an eating counter; when Poole retreated troa
Mclaughlin he came around 10 the oyster
stand; when be received the shot IN the knee ne
staggered across to the south side Of the ROOM after
Poole was shot saw none IN the room but Turner and
Baker; all had gone when / went 10 ex anime Fooles
wound Bakers party had al left; ffom minute to
two minutes ster the shot they had all gone; beard
no reply of Poole to any remarks made 70 him; Poole
after being shot stood by the door some time ana then
fe ard tainted Immediately after being shot m the
knee saw him staggering across the reorn one hand
ut the time wss hold OF Baker aud the ether he held
up; az the time Poole shot in the knee Baker was
four feet off, Poole then staggered and fell over aud
csught hold of Baker Baker wss looking toward
Poole when Poole commenced staggering.
Crossexamiped-I first stated this story at Jefer-
son Market before Justice Brennan next TO the Dis
ict.Attorney; have stated il three or four times
aid not read my evidence, and have not read the Life
of VIM. Poole; l was intimate with Poole; was
brought up in the Eighh Ward; am 90 years of age;
lwss iutimste only tour or FIVE months with Poole, 10
go with him to balls, theaters aud excursions there
never was any feud between 1 began to frequent
his house about November 1854 went 10 q gsmoling
hoese with hun; he kept porter house corner OF