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

ue Hc 70 DC grouped IN regard TO the period OF time
very short but very important TO be icokei at ana
gaIded In this the ending Of the
fsess and the ending Of the second. dur.g which TIN
facas and the matters Of the NTH, which was aubss
quent 70 the giving Of this mortal wound and which in
volved the flight and the other collateral evidence Of guilt
II will bemerey necessary for TO Observe relation
to the FIJI group Of facts that sntecedent TO this TWEEN
had existed on both sSss tss %
st the bar and the deceased mau who II Is alleged he
murdered; that far the man At the bar Is
ed that feeling 0 hostility assumed the express
threats 1t win be for you when evidence Of that cha
racter given, to weigh well the circumstances under
the state Of feeling that existed whether sua spasmo
dc deeply seated In the second group offac
Mr. Poole and some Of his tends had gone for soms
pore Of his own, which will be explained by the evidence
person included in this indictment, named Mords ey
was already there In an adjoining 70 that which
friends entered. Evidence viii he given show what
occurred At this first facaa meeting Of Morrsey and
Poole at which Baker preaent as spectatorthst
which occurred from minute TO minute Of that event
full meeng-for IT undoubtedly the germ Of the 90
curIence which subsequently Iipened-Morrssey and
Poole exchanging angry words and angry gestures
ing OF pistols, OF all which Baker spectator 1t
will be for you to say the facts developed by
one, Why he was that spectatorwhat probable influence
hese facts produced upon his mind The fact too, Of
look at for you win perceive that there was notice
brought him directly OF the presence Of the who
was bis enemy You viii also perceive the excited feel
Ing he was under, and all those collateras which win
put q man upon his guard. You Will then com. to
contemplate In the next place. the leaving that place
BY Baker, You win hear the evidence Of gentlemen who
saw him afterwards who met him at Johnny Lyngs at
the cty Hall who spoke, who conversed and inquired
tator You will find him surrounded by the other per-
sons ncrded in this indictment whose acts Of joint sup
porers Will become to very great extent the acts Of
the prisoner at the bar We shall bring TO contem
pa'e the meetings Of these persons their
tending to show there something passing in their
minds to a possible meeting between themselves aud
Baker the principal Of ths party We shall show az
terwsrd the Of Baker by themselves that night we
@ uanry SF sasmr s nes 'f % making
he hailed stage at the Of spenard aud
Broadway, and after riding for couple Of blocks,
got out the City Hotel where he again got into
her stage, and riding few blocks got out and
tered carriage We shall show to you his meeting the
persons included in this Indictment at the corner Of
Broadway and Reade street, his again proceeding
wix Hall Poole having been arrested and taken to the
station house, thence returning to stanwix Haioher
ties coming In attracted by the notoriety OF the
renee and then viii lead you directly to this the main
occurrence We shall give evidence ending show how
certain words Of acrmony were used by those who on.
tered towards Poole. We hall show you the bearing OF
after this matter began t, rpen that pso vs,. drawn
by Baker by Turner Of his associates these ps
tolls fired that T fell wounded that Baker him
seIf wss wounded; that Poole wounded in q very
mortal part In the vicinity Of the heardrecy In the
heart that threats used from the party who enter
ed towards Poole. We shall show you that the whole
occurrence teok place in very short period Of time;
that Poole was left behind and the others departed
Baker suddenly and IN fight entering place In the
neghborhood, exchnp6 ing parts OF his apparel lurng
or coach, driving away ia coach, his being the
rendezvous Of the partcs the subsequent search by
the police; what became OF the parties; who
rested; the circumstances showing why he fed; the
apguishing Of Poole the subsequent DEATH the post
moit TEN; how he to die the curious wound; the
conclusion to be drawn from the manner in which the
piste1 drawn and ired--aii this will give
you In detail from time to time, and shall
ask you, progress and invite your fcrutiny
to every part Of the tsstm ,ny from arst last You
will perceive them that this may assume Of two
aspects-an aspect presented by question which you
are look atwhether after Baker left stanwix Hail
went ssy somewhere else pa rites had these
70 60 "p to sa s"nwis % a
and with premeditated design to ktll IndtU D; or
in another aspect OF the whether sufposiag
that all these preliminary matters in regard to the meet
ipg and the going to stanwis Hall be not evidence in
themselyes Of the premediated design kilt directly and
species Of provcca ia whatcver aspect In
xbch you regard these facts the Court will tell you
cloak of a proyooatop, to kill his enemy, as it is
to ceiberat.y prepare for 1t and infict mortal blow
have pni poseIy absaiasd gentlemen of the jury from
nduging In any details Of these facts quoisg the Ian.
guage OF raries, or mentioning any specific acs which
intend to rely upon. have endeayored calmly, and
in this desultory manner, to merely outline 10 You this
from rt TO last in order tina. when the facts
come before you, you may attentively listen TO them
from the counsel for the prosecution This Is not only
trial. but investigation, in wh:h the witnesses
TO tell the TRUTH the whole truth and nothing but
the truth. Az my learned friend my right hone silly
remar ked mone ent since, not here 20 convict
Lewis Baker but TO vn5icate public justice Il IL Il
u
circumstances which led the death of fellow citizen
man in the very heart OF New YORK. surrounded
on all sides by the odes Of wealth. in he very midst Of
busy life, shot down in the presence OF ten twelve
persons; pistols freely drawn. Why 1t looks liks
aay upon the borders of Union than what would
cur in the very midst Of metropolis; and it l. tight
and proper that, perhaps, than any other nyes
Cation which has laid before jury for the
three years, the facts should Be sitei from
to Ia.t; that we should in vndica,ing public Justice
convict or acquit this man; that should determine
the causes wh led to an s,y q tsi. kind and u
may be- TO protect the rights q the accused 70 do
evsn that With thee preliminary observations
hail proceed 10 marshal Witnesses and will AK
your carefn attention To the evidence -
TESTIMONY FOR TuE PROSECUTION
Cyrenus Harris the first witness called f the pro-
securion. He sworn, and testified follows under
the examination Of Mr.. Ogden Hoffman, Attorney Gene.
patton; I was acq uanled With Poole and Baker;
Poole dead; had known Poole twelve or fourteen
fIa on the night Of the Gath OF February last at half
past twelve o'clock went into Sanwir Hall at half
past twelve, and saw Poole and others drinking at the
Mr. shay there, and about five or six others, the
place still open when went; about half an
be ssked me 10 take drink; Mr.. Turner, Mciaughiin
Van pet Lynn and Hylsr, were With him; they came
md aid bad been en- erinElpg. and would drink
no more; Mclaughlin said TO Poole "You black muz-
xed Of bitch want TO light you;' did not hear
Poole make any answer Mclaughlin then Advancing 70
him, grabbed Poole by the collar.
Mr.. Clark of the counsel for the prisoner. said
that 1t not fair TO assume where there half
Dozen persons in the barroom that these thing were
done by the connvance OF any in psrtcusrto as
sume this Was in his ornion 70 assume the whole case
Are each Of them said he To BE- hed responsible for the
others actsy Even Baker present Il ought to be
distinctly stated BY the Court that what done by
other than he Is not 10 be regarded evidence sgAnst
him, unless It IA shown that he subsequently con-
nected with the
The Judge-Cerainly not that must be shown.
Mr.. Clark wh the jury 10 understand that they
TO begin with discrimination.
Mr.. Enthusiastically; that's all light.
Witness resumed-Be caught Mr.. Poole By the collar
and he said "a him az want dght youi Mr. Poole
laughed but made answer, and triec 10 break away
Mclaughlin said, II want to hgh. yon, and hsve been
10 tight yeu he then suit In Mr fooie's face three
times; Mr. Pools bIose away from him, and retreatcd n
the end Of the counter; be re,resting Turner
who bad short ciosk HIM, .hrex II aside, and dra
irg pistol raid, s'Lst sail In anyhow Mcioughn
directly Ia front Of Turner Turner stepped one
aide when Mclaughlin pulled the trigger Of the pistol,
when he shot in his arm; Poos rsfreating
and McIoughlin following him AL the time; Baker
then ing At the end the counter, and Poole tried
&c lass him kcIoughin fell, and he down shot
at Poole again, woundiDg him below the knee previous
" being shot he sad, WHAT do you want to murder
Il