New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-10


ca ed ore ano her lia,s msy have o6erea to a<hs
him there wss considerable confasioa ct the tims.
snd sucn nresis may have been used I an POSITIVE
be did not offer to 6ght me; said he could no. 1T
me; ! was piesen' a. a controversy between Posk
and waly Mason; neither Poole nov wa the -
gressor in that case l entered Mr. Bre reCs
saocp, on the corner o. Greenwich aud Perry
bad teen on q ride with me that day nsmed Cisrk:
wally and Aick Mason were there with some four O.
five others, between whom 1 supposed and mysof
there was of antipa'hy; invited Wsly Mason vhs
was sitting in chair Alex Mason, and nu nbes Of
Others, 10 take drink with Us; we crack accaver~
ssticn then srose in regard 10 MI Pooe; VT Mssca
then went 10 censure Poole very violently; did
take sides one way the other; lsstery he went
on 10 cersure these who associated with Poole, and
On ally be included me among the NUMBER, ene
charged me with being led BY bis iohuence, which l
denied; Ack Mason during all this tims kept chA-
lepgiDg me TO fight him, sayin that be would whip
me- and be wished me TO so of and fSht; said had
DO II clination II was most too hard work, ta1
came in there for amusement; we kept on dr.nsiog
sround for some hour and a half or tao hours while
Waly and we're drinking Alick Mason came to my
aide. and after insulting me number of times
lie punched me under the ar n and called me q COW
erdly g. of b., and wished me to go out aud dght
HIM; ssid that when the time arrived l would BE-
uerei Aleck and t,en went on, to fight; clnched
eno threw bm; Valley Mason then kicked me in
the head Prsors around and the Police separated US;
when we sane IN sgaln was not disposed 10 6gat;
Al.ck end Wsley then presented themselves In rsut
az me and the fight renewed by them, and II an re
bad some up and down matters" we had a fyAt:
Aleck took the tunblers on the counter aud hit ms
and ave ne on my face which will carry to my
grave Poole csme there about an hour after thai;
n ct him on the corner; he entered the pacs and Aeek
Ma.tn hit him in the face over the eye; then Poole
csueh, Aleck Mason and beat bin; there was no igh.
be,se,n Poole and VALLEY Mason that night
eros .exauined- kno En Poole since 1919; have
been imately acquainted with him fovr years never
belonged to any association of which he was mem
Der; have been with him often: saw hi 6ght morris
sey a. the foot o. Amos street, and also Mason never
saw him fight at race racks the fight on Amoss.reet
dock tre match was mace for oclock.
Q. How did you happen 20 be therei A. Because
| saw Poole the evening prior TO the morning Of the
fight, about o'clock, In Broadway opposite the
La Fsyete Hail. told Poole If II was conveaient
would be there l went to bed that night about
O'Clock; I was awakened by two young men to
90 and rec Poole; be told me that Morrissey hsd
made q bet of $50 that Poole dare not meet him
at Amos-s rect dock ! found 1t convenient! to be
there al O'Clock; there were 200 there; saw
seven or eight come with Morissey; "a Mouissey
came in he was stripped for fight and rushed in and
Poole stood his ground don't know of more than one,
two or three who went at Pooles request; dd not
know that there many anticipated there; have
rohpg to with living mems anticipations, aud much
less dead mems; expected Poole would have fnsnds
there TO see that he had fsr play did no! anticipate
great many there Ss! SGd ten L %sS vs
there; did OF see Shay or Corkey Jack.
O. Did an, body kick Morri'sey them A. l de-
cir 10 answer that.
o. Why A. Because do no. wish to DO brought
into the matter.
Q. DidyOu kick him therel A. Idecice to snawx
that.
The Court-why 60 you decline A. l do not wish
TO be implicated or degraded ia the community BY my
former sets; did not anybody else kick Morissey
when he was down. l cannot say saw anybody else
hit him. was not an attentive observer OF everything
that took place; was In such position tns oouid
rot observes was trying to save myself from vio-
lepce DO Lot know who was sitter me; there wS
great excitement, and was liable TO be the voti0
as sHy body ese there were some twenty persons On
Il @ dock whom knew.
O. Are you what il called an "artist ?" A. An
artist.
@. Do you play cardsi A. l am an artist in
my legitimate business ~.
@. Do you visit gambling houses A. mol
of late; have not been in q professional gamtung
house for months prior to then had been 90 No
four or five times had been IN ase ace: IN rsnos
gambling was tolerated. l was warm friend Of
Poole.
+. w. Tranes swom-Am a clerk; was at Dick
p ats at difficulty between Turner and Baker and
HJer; it was in the morning between ono and TIVE
o'clock.
Mr. CLARK objected to testimony on the subject Of
that afray. IL 10 try Baker on another charge
The Court overruled the objection. Winess-SsW
Turner and Baker there; do not when they cana
there do ut know that they were 10 company; did
not see Baker have pistol there was an affraY
there between Turner and Hyer;
Q. Dio Baker take any part in the affayl
0pjec'ed to by the defense.
Objection overrued.
A. / raw Baker and Hyer clnched.
Mr. Clark excepted 10 the decision Of the Court ed-
hitting any OF this testimony.
Thoma. Hyer, sworn-Know Baker and Turner
@. Wss there any controversy between Baker and
Turner ard yourself at Platts
Objected TO by the defense ~ accumulatve evidence.
OBJECTION Oyerruled
A. There was. Platts is der Wallacks Theater;
went thee on that OCCASION l should judge absut
l2i oclo k; this was about month before the Stan
wiz. Hall tragedy; went to Plaits from La Fayeste
Hall, b.tween Houston and Prince streets; when I
left La Fay cite Hall, left Baker and Tarner there;
they followed Inc to Platis with fifteen or twenty per-
sons
The Court-Do you know this A. am satisfied
of it; they would not leave La Fayetts Hall until 1
left Poole was not there; they followed me into
Plstts; was at the bar taking tInk with Trsver
and grabbed tumbleri said, ;" There 10 plenty sf
loom, you can get your liquor If you ask, have my
oihk" Turner old this second time, and
I again said, beg your pardon, there u
Tuner ono Baker then threw of their coat. and pulled
out their pistols; Turner called on me TO draw; Baker
then ssid Come away, Turner, the dog will shoot
you; then Turner snapped his pistol, and the shot
went into the floor then said. don't want TO XIII
you, my frienc-I have little penknife in the way
Of pocket ,isOpi took it out and shot 1t into tho
wall; Then caught hold Of Turner, who wa, Gaping
bis pistol again and chucked him down; / caught
him by the neck; then Baker cane at me With his
pistol and hit me over the head, 20 that it bled;
caught him and chucked hin down, and got bis pistol
away from him; then asked q policeman to arrest
him, gbut he being deta led officer said be could
not act; sad then that could take them myself,
and took Baker and brought him up stairs; had
him by the collar, and while bad him be took out
biz bife and cut my fingers; when got into Broons
street met the officers, who said they would take
him; said that was what wanted; gave him up
to them, and when be got to the Ststion-Houss hs