The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-07

nss :. The s'S tern .s = .ss..
view between him Post Sssrs pG.t Sw IN 10 R.Ssr
that horrisssy W. coward; Baker replied that Nor.
rs,ey was no &C sard and Post then said that he was
ss % could 1np ' Sn S.ssr ssd
done % can NIP me- but on NONE 3, ysu have
carried one to defend himself Post called him big,
know Baker for seven years hi. character Is pescssSs
Cross Post said TO Baker that any man who
s q rs me-
coward, end Post said he could whip him, and
that he {Baker) had pistols about him Baker said
he did not know that he had pistols about him. that he
carried fer bis protection; that be would allow
to beat him. you call acoward said Baker, "for
Post asl ed him how he could call him . coward, and
Psker said, "Because he (Pos saw six or seven men
ana S sns 10 ,S. i. a
went away; was policeman at the time; did not at
tempt to arrest them, because blows; had
myself at one time; there ten fifteen minutes
nd went sway; knew By Bakers manner that he was
ot inclined to fight; left both Of them there; judged
that Post from his expressions friend Of Poole and
hat Baker friend OF Morrssey; never saw pis-
Of with Baker; heard he carried one.
assembling the Judge handed Mr.. Clark the following
ots which he had just received from exMayor Wester-
'elt:-
orncr OF tn. wrsrInvElr SUR YARD,}
Of this morning that Mr. Clark the Of Mr.
WIN show ihsi Mayor wessrvslt know the fact Of Ba
kes az. pS for s s own s as M .r. who
doubtless believes 70 % true nsssGhss, mus! be per
s s
lection" Respectfully yours aeon . wrsrravrr
Mr.. Clark said that the report he believed to be cor
rect and It was proper that Mr. Westsrvet should take
notice OF it, He mr. intended to have said that the
May Mayors clerk bnew Of the fact OF Baker carry
rg pistol for his own protection, but he
WINGED that Mayor Westervelt had no knowledge Of the
circumstance
John B. Ling was then sworn and examined by Mr.
ciari-i reside in Broadway.
Johnny Ling's? A. Yes; know all the parties
in this casepooe, Baker, Linn, Van Pelt, Morrissey
O. Were you at stanwx Hall on the oath February A..
Mo- not out Of my house after dark; these parties
visited my house Morrissey was not at my house on that
named wto there in the early part If the evening
there was in the house but my brother
proposed to play game Of cribbaae for aing amount
q What was the state OF the game when you heard some
x,s normsS NV some mann Of the
affar at stan~x Hall; the young man was from Phisa
delphia Communicated It to Baker; tod Baker that
Morriesey and Poole had had q muss at Stanwix Halt
and that Poole had drawn pistol on Morrissey; the
game was not stopped; we played Of double or quits.
minutes after finished the gamer; in ten dfteen
minutes after Baker went out Turner came In What
mia
asked me to drink smoke and in return askei him.
forget whether was smoke or drink he staid about
ten minutes; think all the parties have named came
back after that there other people there als, the
party talking about that ARRAY Morrissey was very
notice If time unless have particular engagement.
Q. Was It after the affair in Stanwix Hall2 A. They
were king the matter over 20 y must have BEEN Was
friendly to Morrissey, and was known to be 90; don't
think any of the other parties drunk to be
partcua y noticed, except Morrissey land he was very
drunk; as Mr. Mcguire raid, men get drunk in the
legs.
very drur k; did not notice that Paudeep drunk
the party went out thought they went 10 Aliens in
Lspenard street.
Linn, and think Van Pet and am not positive about
Byler.
generally has influence Morrissey when he is
ff'esn minutes /; Morrssey' and Cunningham had
Paudeen, 1ruIner, Van Pelt, Linn, and Hyler behind
there might have been twenty In the but
because they were afterwards Indicted Morrissey left my
house with Cunningham 10 home; the other parties
reoops poes .n 10
Poole were very friendly; the relations Of Van Pe and
Poole we're very friendly.
tinate relations between Baker and Linn would make
Poole pnriendly with Linn
friendly; should think that he would be friendly
with o that would lend him two three hundred
dollars at time Hyler and Paudeen were strangers ~
each other; have known all these parties init natey,
except Turner.
Witness describes the position they were In in his
O. Did you hear Morrissey before they went ont,
preach Baker for not lending him pistol A. cid not
Paudeen seemed to be unified At some remark Nor.
IIfsey had made about Baker; HYler said New
York was nearly played of wnen man
could not go home to bis wife after night; Turner
sPaudy will You come sionea" fsudeen sid he would
not Hyler said Psudeen, don't know you BY spy other
name, win you go aoDg" with that Paudeen, Van Pelt
O. Was 1t known then to that party that Poole was
stanwix HalR It was known there that Poole wss at
the Eighth ward station house
CourtDid they al speak of Poole being at the sta
tieD house2 A. Yes.
To Mr.. Cark--Those have named left to 60 home with
Hyler; the others aimed It must have been hall
hour hour more, longer till they returned
again. was busy, and cannot be definite about time;
Linn was the first to return.
Q What did he sayS Objected to-
Q. Who next came INF A. Turner; he in ia q
what had occurred before Turner In Turner looked
very pale and was saagerins he looked as he try
ing to get down on the oGr run to him and found ne
O. Had be pistol with timp A found one on the
floor near him; Eaker and the others in sfttr;
while was with Turner lcolsd around and B.xer
in the bsIrcom there a wound Bakers head and
he was shot in the groin; there blood him and
bis face was scratched got bafin and towel and com
O. What Bakers condiions A. He was like a
msn who had been in forlorn hope and IT. wash
ward alton house for squad Of police; Bakers face
was scratched and cut his eyes goueed his mouth
cut, and bis lips swollen; his face dirty did
examine his clothes at that time put my fingers in
his clothes 10 If there ball there examined the
wound on the head also 10 IL here bali there
advised Haker to 60 round TO Judge Brennan and give
himself up; washed his mouth out and gave him brandy
and water; It might have been Jamaica rum.
Q. Was Baker sober otherviseY A. / never saw
bin drunk In he; gave him the liquor to wash out
bis mouth; took Of his shirt; II dirty gave hi
one OF my own; don't know II he had cap when he
In mt IN I'm ID ofot aaA
think half dozen or more policemen came; thought
they Ind the worst Of it, and did not but the
Poole crowd would come, and wanted 10 have the law
on my sde Bakers shirts prodnced.) Witness idep
fes Them; II ball is fred from inside coat there will
TO smooth hole inside, and rough outide but n
cred from the outside there will be a smooth hole out
side and rough inside: have q coat In Court on
which tried the experiment; before the police came
closed the focirg doors that the wounded men were
insidt when the police arrived.
Mr. Clark proposed 10 give part OF the res jea Ba
kers statement Of the transaction made at the time
the witness
Objected to and argued.
Q. lid Baker arriving IN your house make any