The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-01

soo,e wheo Turner ased he deed fast - the pistol
Gould rvolve think saw y snay IRE r, OH down At
pooles breast when he fred did no. see any Que
Rsks- did no, any one do anything 70 nm unsh
psl got up he Staggered towards the dooe; aen got
b Id OF bu, ind think his coat tore a!.es ma.
Poole got up ard brushed the nre Sus 81 MI I'M
had a pistol with him; did not see one hns" ne s.a
one saw pistols In the hands Of people besides aeLer
and rnTnsr tniik Turner drei the hrstshot ~ S.t,
was a reyoer; got it from my closet At s
ills pistol tn Harris after the tire of Turner
Q. hy Mr.. whtng-whsn you .sn tho poster-hou-e Of
Mr.. Brady objected to this questio
HE Court decided in aavor Of til = prosecution.
The defence excepted.
witress-iurnsy pauaeer. enc Baker went out Of the
hall together; did not - Isxseen have = pistol
ny Mr. Oiark-l read ~ nring there that could not
l9cats did not h2Ar raynsr say, "You are soog to
thcot are ysu, fVbley did not any touch Ba
Kerr did lot SEQ reo'e take hold Of hAker; did not
hear Turner say, Now draw, Pool;' knew the coat
Poole were tnat might never aw bullet holes through
BY Mr.. wlatipg-As near recollect, one or two
shots had been free wh' gave my pistol 70 Harris
The CouIt here took o recess Il fifteen mDutes
lew minutes oefee O'Clock the court was called to
order again--tbe witness called being
Mr. le n 0Iver-I reside ut No. 90 Oliver street;
knew Vim. Poole know Paher; was with Poole Satnr-
day evening 24 February last; went with him to stsu
NIX Hail. tits was about O'Clock he started from Ci'y
Hotel first then from his house, he started from his
house 10 take wals; MIR. Janeway, Mr. Bostoif Capt
Hsws snd Lew leveDrort went with us to take walk;
all went IL this place; all remained there
tme Baker in the h. use afterwards; can not tell
~hetner he there chen we went in or ~hstner he
came in there afterwards saw no controversy betweso
Baker md Poole; noticed what Baker doing after
ssw him. think he was santpg agsinst the bar; saw
other there; there were Mr. Suy6am Capt Lew
NJ Mr. fairchds Morrissfy and others in the hack room
at he time vent n he house, there disturbance
befone Baker, between Poole and Morrssey; while
there can't say whether Poole to k any
FREE huents not; saw Irving there; saw him while
ats III. d.stpr hqfsp
both taken TO The station house; ! can't say who
POI 10 een 10 The st on house with; Baker remained
about In place while he In the room; j think
Baker after the disturbance; when Poole LEFT
the station home went ba X ~ Sanwix Hall; dit not
rsman here long but left and Went me before the &C.
disturbance, and before the other parties came
sack.
TIE next witness called was William L. Mitchel-I am
barleeper in Washington, at Dexter's hotel was bar
keeper in sta nwix Hail in February last saw Baker that
night II w hin at City Hotel, corner Broadway and
Howard streets; besides Baker saw rurner Norrissey
laudeen others Hyler Morrissey AMI Baker in
there first Ind conversation with Nj Baker, he said
there haa been difficulty at stanwix Hall between Nor
orened up theye' othe,e nearly dicllty between
foole Morissey' the others did not enter into the
conversation between Baker and myself hyler and Nor
In came Paudeen and Van Pee; heard Morrissey Hyter
md lynn talking together; they only remarked there
next them at Sanwix H,ll; had gone up to Stan
wx Hall and had arrived there before these others came
effort close the Place before this hour and the house
Partly closed previous 20 this party coming In there
we're already in tie house Shay, Hsris, ingersol vii
james Patterson, Mclonough and others; these men
had been drinking wine Def the other parties ca ne in
Van relt, and f.udeen came last; ] don't Fnos
aas d hsge bsea without
knowledge; they all at time except Paudeen,
who was few steps behind; after they caale in Hyer
walked 10 the west end OF TIE liquor BAR nrner mex,
further the east direct the bar and ask
the rest crnk Poole this tine stood between the
liquor bar and eating counter; his back towards
the door Campbe stood him. leaning over against
the bari his left hand side zie aud Shay Baker
up the left hand side Of Poole; Turner up came
Baker eDd Poole and stood with han the
counter and looking at Poole to whom Pau5een was
speaking; faudeen up, and gazing a, Poole in the
Poole saia notng; paudeea then said 'Yoa black muz
zed If bitch whr ynr;'' Pnudeen then took
Of bis coat and threw l. down. Poole then said, II can
whip any in The house for $500 he then took out
bis money and gave il 10 Dean told him 10 keep IT.
Paudsen hen ok Poole by the collar and spis 10 his face
TIN times; WREN pandeen did This Turner caught hold
Of him ard tcd him 10 stop and pushed him on; Poole
then stepped back behind The took his ps
tel and cooked ana put into his pocket aui then
stepped again in front of the bar; he
in front ugsin fandeen again pt in his ce while Poole
fxed his rsto he kept his eye upon farmer, VIII was
when audeen took hold Of Poole Poole kept his hands
his picket and pulled away from Pauees1 backwards,
towards the wall: then Tn pulled ont his pistol and
swopg It msuy three times around his head, and
said fon wan to shoot, do you? Now draw, yon son
Of - ali this tine Poole against the wall,
keeping f the blows Of Paudeen; Turner then Iet his
pistol a upon his and fred then reeed around and
ie Baker all this time kept his first position when
Turner fred his rst sho. he swung his pistol round and
got there saw rnrner crawling out Of the door ria
hands and knees; Toole threw Paudeen OF AMI threw
him nearly the door; Lozer then came up 70 Baker
and struck him. aud had him by tie hai of the head
when Poole ny and caught them both and they all
Ccley Jack snsot and Iiar ~ shoot "a the a,sh a.
this time Poole Baker and Iezer the hoos, with
several around them; Pooles feet sticking out
through the crowd on the floor think Poole fell Oh his
breast Baker think fel first and Poole by the side Of
bi nearly top did not see Poole shoot the rag
at hits time general Of the three Baker got first
Is cooked Poole hcn got up and shook his leg; the
firing commenced by Ccrkcy lack and Harris ia lis
himself in his he wnired around like drankcn
mnn and thin fell while he on the floor he
fired two shots, but did not where he aimed
I'D not Baker with pistol in his band till ne got
up from Poole, and was going out OF the door; saw o.
ssy pave s.o s n ms hand MP 70 as m IN" S
been red was behiud the bar whea the parties cane In
Crosscxamicca by Mr.. Clark--when tine parties were
down. should thins that Baker and lnzer their
sides facing each other and Poole his breast between
the two the company then closed around the three aud
n,ore IN TO the time that Baker was struck ne
had not done thing that saw; when was witness
before the Coroners jury Cy Shay said f was not asked
Whether Raker was ruck by Lozcr, need say nothing
shay wanted TO take his pistol end pat IL away for
him; said bad no place to put 1t in he then put it
under chatting dish the CONNER; don't reanem per
hrg else about this matter picked up Pooies coat
observed the bullet holes and rad never them
before; the fret pistol saw in any mans hand was
looes pistol when be stepped behing the counter TO Tx
~ and put in his side pantAoops pocket when Turner
drew his pitol he used the language have stated VIII
Paudeen frat up and insui. al Poole rnrner pu shed
raudeen back and rold Poole not TO mind him. ne was
drunk and then taking Poole by the hand he SAID he did
not come here TO 8ght and there should be none If be
BY Mr.. whiiiDs--M Dean went ont for an ofBcer be-
,ore the firing como eneed when ssw Pooes legs his