New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-10
-, Mt 90 he could cut me; donthno- thssI have

49,
~ Mn ,exsrsl times; was pail. a1er 81 hls fd
a,s,. kkay vss s,so; wss q friend of Pooles; /
$50 had a difficulty with him was At the prize
Ght between Merisey and Selh ram 'sw Pooe
n1,.. be was on the Sullivan side, on neither
wss on pivot jOst looking on, but by and by vas
An he Sullivan side; can not ssy whether Poole ssd
v,re friendly at that tiue wee not al the Ism when
sullivan cane In drunk and Poole hit him; heard of
ne occurrence; I am positive and Poole were no.
rpipped to fight that night before Suhv an came I'M
ksow MeJrissey; Pole and went into his room
arc morning a. the Gen; went 10 his room where he
was: i wss taken there by Morri,seys friends;
tbey went TO Monissey and he sent taem
70 invite me mp Their; he was IN bed;
Poole was With me- there were some three or four per-
ao,s in the room with Morrissey; this wss about two
O'Clock In TIE morning; think Poole with me
Mat NIGHT; was at Cinderella MaEshals an aseigna-
ton boaie in Leonard st., drinking bottle Of wine;
vas not drunk; L think Pooe was not drunk; it was
not that hight that Poole and made friends we met
Mis- usp there who ssds Moriissey mad scot him 10
tsn ne thst be would like TO fight me; then went TO
the Gen. and he went up stair, and remained quar-.
ter Of bour Moresey then took bis pistol and put
1t ,Dder his head, and this msn came down, and
Invited me into horrissey's room; had not seeo Nor
rseey the day before; the man who came and invited
up was a n an named Hawkes. Who thot himself;
i NIT him al Cinderella Msrshalls; when went ia
Aorrissey o room old not lock the door; asked
hor,issey il he had asserted that be wanted to fight
me- be said he had said then get up and let's have
X cut row while nobody knows it.
q Did be not Say, If you have cone here 10 fight
be optbt 70 have somebody else present beside your
fBows1 A. No, Sir; Poole proposed TO see fair play;
there were other persons in the room.
Q. Were they fighting men 4. / don't know; /
On q fighting ma; 60 not know that Mofrssey
was; 1 lever saw Poole strike Elow in my life.
Q. Din you not see Poole fight Dutch Charley +
beg pardon cid that bat that the only tine
ever sse him fight have seen fights in my day;
saw Mae Murray and Psugene fight; did not see Mike
bie PsugeIes nose; Poole and never had brush; I
Wit gambling houses when please Poole was not in
the habit OF going with me- saw Cy. Shay in Cali
foIpia; was not In business in California; did not
6e,I monte there.
O. Where were you interested in a monte bank
A. con, tbIDh am Obliged to ans yer that do not
know Cofkey Jack; do not know John Quinlan to my
hbowietge; was some sbst active 10 this prosesu-
tior Of er the afffay; | acted 10 conjunction with
Judge Stuart; went to jersey City and found where
Baker hsd been; found bed there which il sup
poses he occupied; sndeavored to fad out whore
Baker was, and think it was through me in some
sort Of shape that be was brought back.
Q, have you ever been to Blsckwel's Island 2
o. How Iongl A. Six months OF year.
Q. How long since' A. Fifteen or twenty years
%. How old are you A. Tbirty.six.
q. How many duels have you fought OBJECTED
Q. Have you not fought thirteen duels A.
gSsss not go many IS that
Q. Did you not go out of town and fight duel with
Tom O'DopDell Objected to-
Q. Did yeu not SIGHT duel with Johnny Austen 2
OBJECTED tO.)
Witness answering from bis seat)-I was convicted
Of assault and battery upon baker on the corner
of Cha ham and Pearl Streets and had no more to
do with 1t than you bad j was a mile away from
there at the time in my bed convicted upon the
testimony Of two men who had committed the assault,
aDo who swore 1t on Inc 10 get clear for this was
sent TO Blackses Island l don't think it is very
becoming In you, Mr. Clarke to bring this matter up
before the pubic hough have objection to their
kIUSiDg iti Mr. Clarke, ON very much obliged to
you.
Z wss there any other charge connected with
thsti No. Sir
@. 1t wss a fiat perjury A. 1t was; have met |
Bal er often Harpers did not strike him or push
him away from the bar; am not in the habit Of doing
such things.
Sidney Parker, sworn-I work n Washington Mar
he'; olce policeman in the Ninth Ward; am
sclusiped With Lew. Baker; have kno wn him since
SO; have seen Baker when he gas ugly; Bakers
general reputation has been that of misunderstanding
Crosse 1amipeo--WOr for Sturyis, hatcher in
gton Market knew Pc )e have at ended bar for
him WA at the foot Of Amos sLeei when he hao his
ii. bit with Morrsse, nobody ssked me togo; heard
the evening previous about o cleck that there was
going 10 be FIX it msy have been between ii aud
IL O'clock; il was in public house, corner of Ham,
mol and Hudson street; was bar tender for Poo.e
seventeen days; received no regular compensation;
between the lime left Pooe's The time of the
g. ht had been cole ctlg bills; took Morrissey out
OF the crowo and saved other peoJl from beating him,
md ave him ut Of my clothes to 20 home in; Nor
rssey az BAG ly bea:eb feped TO take Poole OIL from
him saw persons kick him and hit him, but ola not
know them; a man handed me subpoena the morning
in Washpg Market; a times am friend OF Pooles
and az times not Bassr tried to make mischief 10 get
me off from the police, but ne iaiied FORMED my
opinion of Bakers being mschiefmaker from what
he has said himself in bar room conversation; have
bearo others say he was mischief msker; Richari
H. Platt SAID 30; have heard it as common barroOm
talk; Plat said THE long before this fracas; it may
have bt en- nine months before this affray; re-
sigDed voluntarily as a policeman was connected
with the ares, Of for burglary in Jersey there
was $500 reward offered; the Chief had the handling
OF the monty, ana all got was $S3 while was emit
tleo 10 thi d; then resigned Jacob Ackerson sub
De me; Devtr have been witness for Poolei re
a. lee under Mayor kins Stand.
Mr.. Brady moved thu all of this testimony be strick-
en- from the record az illegal aud Incompetent.
The Court sustained the motion to strike out
Frazee DuDhsm-Am a Policeman Of the Eighth
WNd; knew Baker; have known him ence 1850; do
not think he peaceable or quiet; 1t was said OF
him that he was a q htng man.
Crose examine d-Jueged Baker was q fighting man
from the oompsn, saw him 10; nobody told me he
was f citing man; saw Baker fgnt 10 the Fall of so
In Howard street near Mercer; Morrssey 80 there;
great many were in the general mslee; cannot say
wIo was hs htiDg; do not know Who was fighting
Balef, did not see anybody strike Baker saw
Baker have holo of individual o. they were pulling and
hauling; they dispersed afSerward; interered to dis
pepe them; did not arrest any body did not Nor
rsey strike any booy; / saw blows pass but do not
know who they bit; it was at ri<ht; knsw Baker at
that tia e; he was in the office Of the Commissioners of
Emers ion; never Inquired Of him about the atfray;
Csp TurI bull knew Of the circumstances; be was
present; thin X be inside the crowd daring the
fshs do not know that Mofrissey was in CALIFORNIA; in
the Fan of 49, not pss i've that II not In the
Fel Of 50; Baker in any other fight; have
heard after Of general conversation toat Baker
quarrel ONE man; received a sub ,ena last eve
ming at the dttk from the Lieutenant in command Mr..
Stage; one Dighl at Plstts, 1873 there fight
and Bas there; he said you need not 20 down,