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

ment except liz hing a cigsr; Pssgene nex, came in;
on seei,g Poole be remarked :" You black ma1zed
son Of b-n, are you here p Poole only Ian bed
sfter geing behind the bar 20 get dri K he a. ala
said TO Poole, You are the American fighter, ara
you :" at snis moment Pauyene Craspsd Poole by the
cellar, AID Van Pe n;erferedi bat on being struck by
Paugtne he left the room; Poole made reply to
Paugene The latter did not to be drunk; did not
hear Poole say any thing TO P.ugene; he might have
doIe 90; witness stood leaning agsns. the wall opoo.
site The counter; saw Paugene spit three times 10
Pooes face; the OILY Dotice taken Of this by Poole
was seenfui laugh; Poole tbea broke away frou
Paugene and retresed 10 the before deecibsd
Beker az then standing at TIE end Of the couater;
Pauaene followed Poole into the recess; Po,s re-
maibeo there unit; shot in the knee; saw Tarer shoo.
and Poole stsgger; did not gee any pistol in POoe's
possession Old not know that be fired Gny pistol sly
the holes IN VIM. POoes pocket after tae sffray; when
Turner fired the pistol he was sanding the middle
Of the rooG; the pisto used Coils revolver, or
looked like ore; when Turner shot himself 10 the arm
he tell 10 the floor Tuner fred ne lay OF the h1or
this toe shot that struck Poole in the hnee Up to
this time vitDess had not gen Baker take an active
part ia the meee; after Poole wss shot be staggered
psst Baker sra took him by the arm if for supports
Charles II zer, Pooe's brOther-r-sv came IN lbou.
five minutes previous to the shos being fred did not
sea LoZer strike Baker; Corky Jack also present
at this time; Poole fell witness thought be dragged
Bal down upon his knee the former had hold Of b.
kers left baLd; Baker then had pls;oi 10 hls hand
witness had heard but two shos fred previous 10 the
shot fred by Baker.
Q. In what poston wns Baker when he firsd the
shot at Poole A. Witness end Baker then 5000 up
in from. of the Jury ard the former represented the
position of Baker when he iired) BAKE. was resting
on bis right knee Poole having hold of the formers
left hand; Baker held the ps,ol in his right n snd;
afIer Baker fired at Poole and 10 the act or eav
ing the room witness procured Ackerson's ps'o ana
snapped at Baker, heard the att r exclalm S1oot
Cyl; does not know whether Baker referred to Snay
or himself il was at this moment that witness snapped
his pistol at Baker, when witness presented the pistol
at Baker he in the act Of passing out Of the door,
.rIA nod
half round: wa a. this that witness snapped
bis pistol; subsequent to the ARRAY PoOes coat
il hd some holes in the skirt which looked like bullet
holes; does not know whether they were caused by
firing from The pocket; did not see Poole have any
pistol or hssr Of his ha7icg one.
O. Could there have been any shot fired between
Baker and Poole, other than the ore mentioned, With
out your observing it A. heard one or more s1os
beside, which / could not exactly 0este, and thsy
might have been fred by Baker Poole did not hear
Paugene ask Poole to go cut in the yard to fight; did
not observe Turner interfere between PGugene ard
Poole and check the former; did not see Poole take
any money from his pocket, and offer to bet that be
could whip any man present. did not hear Turner say
ANYTHING before firing his pistol; after Baker left the
roorn saw Poole pick knife from the floor and hold
on 10 the door; Immediately after he tainted away
Lozier yes shot; do not know Who shot him: was
shot in the head and leg; did not see pistol 10 Pau
genes hand; the pistol witness hsd was five oareled
witness gave his pistol to MITCHELL the oaTkeeper, ana
requested him TO put it away; it was too clumsy 10
Mitchell; called in the merning and got the pistol;
witness was en- emigrant runner; is not ct present
doing thing; was previously hackman Tor sew
eral years drove for the Nshonsl sad oher hotels;
The AckersOns were both barkeepsrs torPooiei Lozer
was butcher
John Dean, sworn-Was one Of the proprieton of
Stsnwix Hall; Poole shot at about 1890 TO
o'clock at about l2 o'clock there were In hs bar
room Campbell, Poole, Shay, he thought and one or
two others; during this time Poole was drinking and
talking With those present. Turner and Hyler came in
frat sfterward, next Linn aDC then Bsker; the last
ore who came in was Psugene; after they had come
in witness first heard Baker invite Of the party to
drink only two or three drank with Baker soon after
Paugene came in; he stopped in the middle Of the
room and asked Poole what he YVES locking az; Poole
msde no reply; then Pau3ene walked up to Poole and
said You black muzzled e. of b., who can you
click Can you lick me Poole replied, "You
sre not worth it," Paugene then took Poole by the
coat ard asked him TO 60 out into the yard and gbt
Turner then came up and lnteriered, saying, we
did MT come here to fight" Poole then said he could
lick any man in New-York for $500; Pa1se1e
replied that he could lick him Poole; Poole
handed witness hundred dollars IN gold, which ne
deposited in his pocket and turned to 20 toward the
counter, while in the 8c OF doing he heard Turner
exclaim, "Now, Poole, draw" turned around aud
saw Turner wish pistol res lag 90 HIS arm aimed -
Poole: Immediately siter he fired sld wounded nin-
self in the ann after the shot Turner fell to the floor
and directly shot at Poole second tuei ssw Poole
stsgger upon the second shot being hred; Poole led
over az anst the WALL after the second shot nom iur-
7.
aitios cccucied by Baker and Poole the floor was
the san &c that described by Harris The previous WIT
uess except tsat he supposed that Baker wac sting
one hand on the floor; previous TO Bakers hrlng 40
card him say, "I Will put an end 70 It, or you;
thinks that Baker fired at Poole second time while
some of the party present IN the act OF puulog
him OF from Poole Turner fired altogether some four
or five tinee sfer Baker got up from the foor soJne
one pulled him toward the door; thought that Pau
gene shot Lczer is quite positive ae saw pistol 10
Pausenes hand; the report of the shot when Lozier
was wounded came from the direction OF Peugeoe.
Mr. Brady alleged that the form in which questions
| were put by Mr. Hoffman woulc tead 70 convey the
| impression that the whole party came n together,
/ which was denied.
Witness lresuming)-Hyer and Tarner came IN TO
| gether; they were followed by Linn and Van Pelt,
within the distance OF few feet; next at about the
same distance frsm the last Baker entered; Andrews
came in a moment sfterw ard and Pausens aoout Six
feet behind him; after the afsy Baker ves the last
man who went out after Baker left, Poole staggered
| TO the door with a knife IN his hand, and he'd the
door closed; in few moments he tainted, ana re on
| the floor; Poole remained insensibe yntl DR.. Pot
nsm who had been sent for came in; on the evening
| in grestion Baker wore Kossuth hat, and bad on
DARK gray overcOst the coat and hat were both sub
sequenty found in the bar room; beside Turner
| shots witness thought more than Eve or az shots
were fred by other parties the marks of nice shots
were found about the bar-room-sone IN the floor,
one or two the counter and the others chiefly about
the side wall.
TIE hour for adjournment having arrived, The Court
adjourned to meet OF Wednesday morning.
SUPERIOR COURT-Nov s-Before JalIs C,H7sEL-.
CLAIM FOR LANDS AT HARLLA.
Johr Houtsgre AFT. Patrick Daly.
Plaintiff claims, as descendant OF j. lie La Men