The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-29


depositions before Justice Brennan that Baker fell
or under PooieY
wi,ress-l never said under.
Q. ID you not statement TO he published that
Pooes pistol found next day, capped aud loatei1
A; No, ] never saw such statement; do not know
what becsme of the pistol 1t SINCE did not
know that Harris handed pistol to my barxecper To
keep.
asked all to dok; Poole drinking wine at thu ime;
he drank nothing but vino ths, night; did not know
Of PapdeeD that led to think there would be a gnt
Paudeen locked 'he outside door when he came in.
Mr. ciarkThere is large door inside the outer door.
and 1t swuIg to, and do you say you could him
lock the door A. No. did not see him lock 1t nor hear
q Do you not know that that door was locked By ono
Of Poole's friends after Baker inS A. No. do not
the door was locked and the key waa left in ~ unlock
ed the door and out far the Prnce
street 30 look FOR policeman.
O. Why did you not tell that you had been dur
ing any Of the timer A. was not asked the question
O. At what part Of the discussion did you 70 cu,s A.
When Paudeen first spoke to Poole did not Ind po-
cemsn; when came back faudeen standing in th-
same place as when went out; was but few minutes
out.
To Mr.. whiting-The reason I suppose Paudeea Iock
ed the door T. that he was the last who in;
knew by bs manner there would be fight: then de-
termined to 60 for policeman, and going found the
door locked; my partner sr. pcage is In St. Louis.
Mr.. Brady said that the opening Of tho case for the
prosecution something had been remarked about pre-
vious affair and that nothing had been asked those Wit
pesees about that He gave notice ths.
he would not consent that they should recalled to
testify to ing Of That knc the prosecution should
stand.
James Ackerson, examined by NJ. Whiting deposed-
am painter; ia February last my business .end
ing bar at Mr. Pooles place in Broadway and Howard
street. was present at the ARRAY that took place at
stan%t % HAL y was on saturday night should Judge
intention Of going home; my brother Jacob and cy
Harris were with me; we beard that Mr. Pooe was Ia
muss at Stanwix Hall with Mr. Morrissey, and
up To Stanwix Hail. found Mr.. Poole, Mr. Jancway,
Mr. Leon, Dean and ieage there,
Q. Who else heres A. Cy. Hsrris Jacob Ackerson
and myself; that is ali recoect when mt in Poole
at the end Of the counter nearest the door, there
wien Baker in there had not been any difficulty
before Baker in, while there can't tell how
long was there before Baker arrived; other people
passed in and out all the time cxnnot tell how many;
was standing by the stove; them all there there
there, Baker Poole Van Pelt, Linn, Paudeen, Cy
Shay Harris and Campbe did not Morissey there;
when turned round Linn said to How do you DO %
and answered him; then Paudeen said to Poole, What
are you looking At, you black muzzed son Of n =
he went up to Poole and took him by the coat and said
to bin, g You the American lighting boy;" Van
Pelt went up TO Paudeen to interfere; Paadeen hit him
room, took OF his cont threw It the counter, aud
said sa In boys, rail laid his pistol across his
arm and fred IN his own arm aud he fell he urne then
kept firing all the tme Poole put up his hands and
said for Geds sake, bays don't murder me-; witness
then went to describe that Poole under and Baker
on Gle knee Baker said, IN take you any how; Baker
fred at Poole. and afterwards got 10 the door have
told all except that Turner spit in Pooes face while Pau
deem had him by the collar the spit his eye
Poole showed him away With his hands open; Paudeen
was at the other soe Of Mr. Campbell and Poole got
T%und pound the s Of the G shay stood behind
passed behind Campbell aud caught hold Of Poole; when
he getting round the counter Cy shay go out Of the
Dean money what it for did not know; old
not hear Baker ak spy to drink him go to
he said "Now boys, sai in he % put his his pistol 'ss on
his arm, shot himself and isn; did not hear Turner ssy
the mdd'e of the aooy when he discharged the pistol in
hsarm II was pointed tosards Poole, wDen Turner fell
he fell with his head towards The west and atie he fell
h. turned with his hesd towards the bar; II when
Turner drew h pistol that Poole said, 'you're gng
to me when he said that he raised his hands
d Can % yoa = eii % Now Baker @ and Poole came toge:he
! a: When Poole was staggering t,aser clnched him;
| stooped and staggered; he did not fall but Baker
| clinched him, and they fell against the wall and
Baker placed bis tight nee on pooIes left ide md fred
nisoi M his breas the ,r Al bea,d Vas hy tn,
between that first shot Of Turner and hs second there
other shots dred don't know by whom Poole die
not fire shot at all know, because watching him
all The tire Poole had his hands up at the time be
shot N the kree; do not know whether he had pistol
shot At Poole; Baker got up off Of Pooe; did not
/ any lake bin of ~ him. out thok when he
going out os the door brother caught hold o him
when feudeen going out Of the door he discharged
rsto al Lozier when Baker went heard two shots
discharged in the street could not tell whether they
wee from Bakers pistols not; when the shots
fred in the street Poole told ty Shay 70 from the
| coor for fear he would be shot had no pistol
/ that night; never carry one; Tdont know
whether my brother had one or not; the only
pistols saw with Baker, Paudeen and Turner;
only Bsker FIRE once; rom the beginning tho end
Of The affroy did Poole fire a shot did not help
strip him drown coat again prod uced that IL Pool,
coat II IL the one he had on that nish, sa~ the nole
In the coat mt Mr.. Pooles house. afterwards but did
not know how they there; (drab pantaloons pro
| daced2 Poole had a pair on of that color.
| is on them-.sM Mr.. william Poole"
Witness continued His paDtaloons not taken of
that night OZARK vest produced) he had dark
but can't that that Is the one did not cou al
the hoes in the pantaoous that night; hole
4. Ny brother was taken sick, and he wanted 70 10
home 30 went and got carrisge and Ne went home;
& cant say ws, h9ur s vas my my brother nr and cy
/ TO go home that wss our object when
started; hat pistol; do not know whether my bro
.her or Cy Harris had pistol do not know where Cy
Harris lived: believe he hack driver but can't
say that he was hack driver at that time II my brother
took pistol with him from Pooles place don't know
why he took it, stopped into Stsnw1 Hail because
heard there 'mu-s" there; did not know s,oe
was there we In expected to see that stan.
vix Hall would be shut up W passed by in
| the front door, which open
O. Was Poole drunk sober when you went ns A.
Well he little the of liquor; had last
him at his place Of Howard rtreet and Broad
way, at O'Clock; never pistol With Poole 'hesc
one In bis place capped and loaded vas only six
weeks barkeeyer with him knew him for l6 years and
intimate with him for about yesrs Of the
Poole Grsrd was at the 20 engine bali Pooe
there; have been TO theatres with MIN; have
not been on excursions with him. have been At primary
elections with him.
o You vent there 10 keep crderf A. vent there To
vote did 20 vita Poole, | did not 60 there at
his request but saw him there; have been at Of
hs fights; a. the between Poole and rrav.,s Ia
Barrow street small boy NJ the time Poole and
fravers did all the lighting don't recolect seeing him
In any other hghs; was not wi h him AT th fight be-
tween him ana Morrssey was attending my bu 'ncss
| painter that time; II while Poole at
Charleston that went 70 tent for him. he
Cbarieston To the races don't know that he had fght
there; In his employ before; am II years
old and Poole think, thirty three thiriyf
years old ] can't say how tall be he
| Uoole) slaughtered for Thos T. Broadway.
Mr.. Cark-Hs wns his butcher boy A. Yes, ar |
know Baker end Poole associated together, do not
know tina, they sleep together there VAS one
winter Baker used 20 come 70 70 les house; mean hi,
place Of buziness have heard that Poole carried is
to, but don't know OF II ny,ef don't know Il ne had
his pisois know Traverse used 20 come there bat
don't know What his business stopped into
uix Halt but old not Lnos positively that Poole
there; had heard that he and aorrissey had been
rested In the early part Of the evening" aud though,
II be had got out that he would along homs
US; II was not that / knew ne wac drunk AM that
wanted to tase him home said TO Ar. Poole wh-n
vent In Glow do you DO ~ he sst Ell 10 take adrnk
ana took two glssses OF champagne with h then
vailed 70 The and ihara III