The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-06


syesk II any mans pugli> SIC powers.
Patrick j. Clark exsminfd deposed-l am physician
in February 1880 resided ?. ~ ~a wss ss re
wounded men at ipg's place 10 Broacway No Parker
who hsd been patient Of mine befre called ms u vas
about 20 minutes to o'clock the morning OF Fe, 30
! wtnt up llngs, in Broadway; there we're aoont
twenty thirty persons there's my attention was e.
ssetsd TO ma lying On ~ a.
to be Turner; he was lying on the noor with his
hand extended frnm him; he was tossing about exa-
mintd bis arm and found gun shot wound QDIch en-
tered about inches below the elbow brea ing the
uIn. and came ont at the other sae the ball entered
fore after had probsd Turr er's wounds and examined
them, person said to me, There IL another wounded
man there" that wounned man learned was Baker
Baker said 81 have teen wounded doctor"
Mr.. Clark desired Baker to show his wounds to the
Court and jury
Baker here came for ward and opened his shirt and
showrd mark like bullet wound on the abdomen over
the right hip.
Q. 70 Witness what the nature Of that wonnds A.
There wound there was an indentation as II a
bullet had struck It but did not enter there were three
holes in his Shirt Of which could b. ing to cover the
wound from which concluded that he must have besn
In strained position when the bullet touched him; the
bullet must have struck very heavily there was an aora
the centre Of the mark and probed It to see II
o. Had he sny other wounds than that ope9 A. He
bad ano,ber wound the left side of the head Baker
Witness con ipued--The length Of that wound the
head inch and half in length, and its depth
to The Dor 1t laid bare the skull and from before
backwards this wound jagged at the back and
bacIened with the lead appeared il the bullet had
Iloughed through t the outer edge of the wound was
little slantpg towards the ear IL the left side Of
the head observed his general appea' ance; he looked
considerably frightened If he had been In recent
dirty.
G. Did you observe that his face was cut A. did not
observe his face much.
Q. you looking for more serious wounds? A.
Yes did not examine his face efficiently to notice any
scratches it, did not give his ace critical examina
hon; 1t was cnrsery one, because did not see any
wounds there, and did not notice II specially.
Mr.. CalkWe can't get Bakers clothes % course, be-
cause they were left on board the brig Che Isabella
Jewett,)
Cross. exam Ded-Q. What did they call Turner
when you went nP A. don't think they called him
any name; they said to him, ''Fhe away, Flanagan,
laughter) frrm which reason thought his name was
Flanagan; ascertained his to be Turner before
left; stayed there all night.
@, hid not Baker stand ny willie you were dressing
Turner's wound and then ask you to look at his wound
A. Yes but bad heard it from some one else before
that; said, aThere is another man wounded
Baker had canton flannel shirt; there we're holes In
it his paniais one down when he showed me the
wound examined the pantalcons TO see there was
hole in the wsistband; examined wi ness at
the Coroners jy, and that is my ignature to the de-
position
Mr. whiting proposed to read it. and asked the Doctor
to any that might H. These did not
appear TO he material difference between the deposit
stated IN addition that he had heard that Baker, after
while had got out on the roof and that Coun an Ker
lgan there and remarked That tho ball that wound
ed Baker must have LOGGED In his body.
Cross examination contnbedI did not dress the wound
in Bakers head @ You did not consider It of imoor
shot wound but It did not require immeaate attention.
and turned to Turner Turner appeared to be druck
and Baker smet Of ram; he excited
but the at of the would that; afterwards
put Bah the table to examine him; Councilman Ker-
amiped the watband Of the pantaloons when saw him
only the undershirt on him.
Bakers pantaloons and vest produced Toere is
bullet hole in the wal tband othe trowsers and another
witnessI the hole in the waistband that night;
watchpocketis ball hole not; he last Of Baker
when he putting Kossuth hat in front of the
glass; saw him after his return in prison
[Poole's overcoat produced.
Witness to Mr. Cark-rhe pistol that made these three
holes together must have been fred from the inside
sumpg the lining TO be burned, they could not be made
ficm the outside.
Tho Court-ls This medical question:
Witness. It Is very difficult to say that i !. burned
by blr Clark--How do you account for the bullet
rot entering Bakers abdon ens
Mr.. Whiting objected
MIR srk wanted TO show that If the ball was fired
through Pooss coat TAIL and had gone through the vest
and panacops Of Baker it would be spent bullet and
would ret be likely to enter the abdomen
q DC you think such mark as that in BEker's aldo
MN e uld have come from spent buleH should
think so.
Mr.. Whiting objected and argument was heard as to
tn odRissib,ity Il the question.
The Court admitted the opioion Of the witness as
medical man.
way that the wound could be produced than by bullet
Mr. VIII rg unde,s stood noe to say there WIS no bullet
The Court-we want you to give your reasons asa
medical why this bali did not enter the bodyS A.
There are many reasone a. least more han one one is
the bullet being spent the other is the person big
eshy The cellular adpose tissue in the abdomen
il sometimes thick that ii will bend in the
WOOL it will go certain distance before the prooeipg
70 &C. ana each e il sinks in Il takes 30 aach power
hom the force Of the ball. the flesh sunk cnw ao anne
ont again; there muscles the add this
fatty aopoe tissue which has resisting p0we lhan
hone; bone would break; another would be II
the the stretch when he received tho shot
The Court-Could bali entering Mt hat point 90
any ne point that wor Id be m ta A. II it entered the
cavity Of the stomach think the woald die there
have been instances where man recovered from such
wound.
TO Mr. Clark think the bullet hole in the vest and
that in he pantaloons would The BAKERS
abfop
Mr. Ca1kIf there Is any doubt about that will have
Baker put the clothes
e. (By MIR. Clark How near, do you think, was the
person 20 Baker who fred that shot A. have
mtens of determining; there was no powder on the
wound.
Q. Suppose the ball had en- Tered the BRAIN what would
have the consequence A. II the hall had entered
the ain 1t would have killed him In all probability
70 Mr.. whiiipg-l searched for the bullet in Bakers
rapaleons but did not find it, there abrasure In
the centre bur exravasaon; the epiderms had been
broken but there was no red blocd there was prooa
bly, enough to STAN cloth II pat to IL It was such
dicol6a'on of TIE skin az j have from gunshot
wounds that have proved ia MI suchas ave seen 10
Of suicide.
william Mason evidently suffering from severe lae~,
and With the sta up OF death his pale ace called
to the stand by the de fence.
sony A. Yes SIR
Mr. Wbiny--Is the counses object 10 show that this
gentleman had been assaulted by PooleY
Mr. Calk0ur ohjsct is to show Pooe's brutal, savage
character.
Mr.. Whiting Objected and said that if Poole had com.
INIT ed dozen MURDERS they could not prove that Baker
had any right TO take his life.
The Attorney General and Mr.. Brady also argued for
and against the admissibiiity Of the evidence.
The Court admitted the testimony.
The prosecution excepted.
Q. lid you know Pooles A did, sir.
N ,.tw ktu .kara f,rk rn4a lstxV A II,
who, Il he got into quarrel would punish
another severely; never experienced his brutsty;
beaten by him; IL my brother.
q. You attacked and beaten violenty, and never
will recover. BY when you beaenY Collected to-
The Court--lti il matter by whom il it was not by
Poole
Mr.. Clark wanted TO show that Post and another
beating this man. while Poole brutay beating
his brother.
The Court to witness-Did Poole beat your brother
A. Yes, siI.
Q. What was Pooles general character A. don't
think his character good.
.. Did you ever hear Poole say that he the beat
in New York and that he had the best set Of