The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-28

stood nttW other side OF the rocm for, the bar
leaning sgain. V the vsH; Was looking al these meu
va standing VI the bar when shsy came in, and ths
| went ever to the waii to look at them; sa'
sadssn ss pSs., sp + s i Ss
anything frou Poole5 mouth; Whcn he isugh~
scornuIy did not oin spit s1on fA sasen when =
.ay sss ons word 70 psusesn 1 a. s.h sssyh
ele have stated IA Of shat; say Psudesn sp't
bad Poole by The collar when Ae spt Poole broke ava
recess at the time Poole Bakes as be went int
the recess he went around Bake; the vSkt thfsE wa
room; MeIoushu naadssn1 e'i hs sa~.i owe % Poole aosnd
until Poole stopped at the wall; Poole retAtd as ~
as be could, and remained thcrs tin he was sh,s
staeger; that's the only say ~ Aot Ia the
kheei up 20 that time had yisto but vurueru
see him Qcole) shoot through his pSckst; WV the
holes Ia bis coat afterwards when Pocac in bod
oid OF know that Poole had pistol tbes do know
that he ordinarily carried one; don't ksevth.s A.er
sray cntiiI sa~ BIN In court ru, stod in the as
die Il the ro m when be ared the shot.
To the Court-TuTner's pistol Cot'Brtvover.
To Mr.. Ciark--1bs had hst night wAsA revolver
was not the first h,e that hit Poole in the sss Poole
on the door; Won't say whether Turner Are thsn
two shots ser Poole began 70 staegor did ur
did ss 9se5ss s g ~s Within nass
loot OF the wni' or the washstand, when he
,s.Es'sS ~s and ~, he staggered a.sy f. ;s.s ss
take hold Of Baker as he staggered; / did roe see
him strike Baker did aot anybody strike Bsksr at
cone IN he is bfother-in- law of Poole; did not
lozer bit Baker or mock him down; did not Bshcr
Lnosssd down aed thsrs,as cant say that be vas
! dent know when he can In; don't know that
corsey Jacks name Is John Qainisn; did not him
hIe; poole pulled Baker ON hia knee and foot;
when falling he dragged Baker with him; Pooles left
side was sgainst the wan he fell did not Pooes
'e hsna AZ me time ne had hold OF Bakers left hand
with his right up 10 that time did not hear Poole
Gre n shot from his pocket Baker had a pistol
In his hand when Poole pulled him Witness de-
sends to the hoor o the court ard gets h knee and
explains the position Of Poole and Baker during the scuf
he1 Witness con,nued--Iit.le Linn was there also.
10 the time Baker fred at Poolsy A. Mr.. Turner had
bed two shots Turner drew his pistol Linn got of
the way doa't know where he went to, nothing
more OF HIM TO the time Baker fired At Poole nothing
had been done BY Van Felt except to take Paueen from
Poole. and Baker had done nothing up to that time
her came iorwar 10 him. and witness put himself and
Baker in the position that Raker and Poole Ia at
the time q the scafel Witness continasd-poele nal
bold Of Bakers left hand with his (Pos's right hand
while Poole snd Baker were lying down heard re-
poIts' can't say how many ] dii not say to
could NO, zee Ackerson caught hoid Of Baker
by the back snd said 10 him (Ackcrson) you have got
tol: why do you lot that esapes then caught
the pistol from Ackersou, and snapped at Baker, but
the hammer Did not come down Baker, ~ he going
out, said TO eome one, ! don't know % whom 'shoot
or myself as he ssis that pointed my pistol at hun
he, Pskcr had got up at the tune he standing in
me door, ana Aeksson was holding him by the back;
pointed the pistol Mt Bakcr then.
O. Did you try 10 shoot himy A. dh, but she
wouldn't 20 Oh; Baker standps at the time with
his face partly towards me- and Ackerson hoisng him by
,he back Baker was trying TO get out at the time,
snd turned round did not try ~ shoot at him
N the back; don't know who ,hot Baker IN the head;
heard he was shot In the head there blood upon
bs face; old no. Baker Gre At any but Poole;
81 the sheis heard Turner's first shot when he
BIT hm,slf in tue arm, and the next Aiot that Turner
lred at Poole, end then Bakers nj Pools tried to
shoot Baker, but 'the" Cthc pistoD would no, go of
me ,hs nns%sr % would nj go down - know 81 the affair
Mr.. Wilson, and in the District Attorneys ofcs
th" holes In pooles coat pocket that night Ia the bar
Fse
Counsel or secured ssked the prosecutor to produce
ibe coat because the eeience sigrs t.ss psos ased
i.ssosh ht peslst and that thAt sot hit nse&r IA the
Tie Attorney General said they should have tie coat
? .e' ioence in The proper order ior producing 4.
Wltnsss IN reply To the Court, said the hoos hooked
he bullet holes and there were many
% them.
To a juror-It was n brown overcoai.
Coss-s Examination continuously. What became OF
Pooe's pistoif A. did not see him have that
light.
q Did you make any inquiry about pooe's pistol taat
mighty A. did not, not rs remember tho holes
in the coat pocket as bing the counter said
70 little boy there that the had better 20 home
he officer who there said No. that he shooE take
" to the court" heard reports between Poole aud
haher when they were lying on tho floor together;
who 6red them can't tell Bakers pistol exposed
when he fred; when they were lying together the
todr head as mach three four reports; AL the
The Court Lid you examine Baker patol 10 how
nsby barrels had been discharged
A. No, sh never saw Il alter don't know who took
OF Iooe's eoat.
crots examination coniinncdI hsaI Paudeen say he
wanted To light hut did not hear him ak Poole 90 out
20 the yard 10 Gght did hear Poole Ay he was not
worth 1t; did not hear Turner say 30 Poole, Never
mird him, BILL Paudeen Is drunk did not Poole
ale any mon out Of his pocket and propose % st that
he would LICK any man. did net hear Poole s.y he
wond bet $500 that thore in that
foufe in New York tina, coaii lick him did not
1T ...t.x.t II.
hnivx don't think Baker threw himself
Fo,ic at any time ! go not hear any one say, III
@ S,s sos yo sny afa as- hT poos lay @ ss so,
knife aud leaned against the door and tainted away
silsr h. shot eaw him up TO Ackerson and
tell him he bad been shot hs had blood NIL hia head
dtd not zee Psndeen rs at all did not pistol 10
bis hand at any iime; did not any pun Baker
out Of the houie the pistol had was dve harroied
icvoiver DID no, hear ny shots In the street know
aotDg man named Mitchell who attends bar thcre;
gave hum the pistol and told him 20 put 1t away; did
not tell him 10 bde 1t; sad % him 30 pat /, away II
too clumsy u carry; thu officers thar. al the
lime, rbave no pistoi about me now swear tho only
y was too clumsy George Address Wa ,hsrei eii
not mention him before because dH not think
II him can't sAy that Mitchell told me he
had no place 70 put the pistol; he took 4 ano
Put u away, and cana 10 tell me what II vas
got II next morning, before going up TO jefferson
Aet. Qinn. who was IN court was her. requested 70
ssnd up. witness identifies Inn saw him DO nothing
from 6rst 10 last vas srDigrant at that time
wa iicen,ed by Mayor Westefvelt, wss back driver
business now; cannot tell the general employment 81
fooles friends; hing and others another
the two Ackersons are barknepcrt Lcyisr IL butcher
don't know vhers hs keeps; did no, Hyler do any
hing; when tbs anfay commenced he went away.
Redirect exauinAdon--when Hyler came IN he
IN With that company taters) linn caas Ia with that
company also.
TO Mr.. dsrt-I don't know how Poole cans % take
fuid of Baker.
John Dean, examined by the Attorney Gcnersl--f IN
me ~ the keepers of Stanwix Hall; remsrno@r vie
light that Poole killed; at the time iurm-diAssy
beore he aday about IL ocloct there 10 my bar
room when Baker and his friend. In Mr. cstopbe
Mr.. Poole and think Mr.. Shay; won't b. positive;
should Judge there four ye there bcess tny "
y lie was standing ., the bar dinking and taking hen
Baker came In Mr. Turner and Mr.. ylcr came ln hrs',
and thbk Mr.. Van felt; Mr. Linn and Mr. R~ssr smme.
as'ey after them, and the lssbnan Aelsuss tPea
dcenl hey came In a. men would cs.eA1y tle<ase'y)
aA INTO any bouSe the first thing heart VA Bsksf
king ths people who came In with him ami myself q
take drisk With him; dssns; vhile drinking Pas
dcen came Ia. two three drank Mr.. Hyief dii not
arint I1udesD, when be IN. s.opg~. Ia tie
middle o. the hoor and assed Poole VIA, bs
ws, looking az" Poole msas no reply thsn faussen
wslksd ny 70 Poole, and aid ~ him, f0a bisck
zfd son ~ b.. eouki bes yea a PooAs ssad moth
That. fsudecn tbep asked FooI- ~hO oosd lies HIN
foolr ssf nothing ~ that Psu5een then .sked PoYe q
be could LICK him, Poe.e aid hs MT softh H. Pau
A.. -. - - - - 49,.