New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-06

VIM A. Barley, swen-Reside in Seventeeu.h
sttet; am merchant wa Q merchant in 1853.
know Bskeri became ae1uoiktsd with him in NAY,
le5l or beips appointed GENERAL Agent Of the Con.
uiseiopeis of Emi, ration; ct that time Baker vas
detailed policeman ID the euisrsnt department; there
were only two cetAied pollceuen for that porpcse
ten n<r or disposition from IL dications believed him
10 he ami.be and quiet in his department.
Crose.eIaniDed-Hsve seen cry little Of Mr. Baker
of late years and have had no occason to change my
opinion.
PcoIe Association; was an intimate scqusntsucs of
pooles. krow Charles Van Pelt very well; 10 the
he's, OF nv knoweds Poole and Van Pelt sustained
The most Intimate relations Of friendship have b-ea
;n.rrdnfed 10 Baker only kr from heansy taa.
sny cifIiculIy existed between Baker and Poo e;
Boxers associates were Aorrissey, Van Pelt, aud
most Of those who were ia the habit Of csling at
PooIes place; do rot know Of ms own knowledge aa;
B,ker and Paueepe were intimate; only know il from
bearay; tire Poole Association vas formed for the
purpoee of interripg the remains Of Mr.. Poole.
To Mr.. CIari-AiIay: supposed .sa: the relation.
betvfen H,ler and Poole were Of the most friendly
Character; have known the former for fifteen or
DR.. Patrick J.: CLARK, sworn for proeecuhon-R.-
sd,s At No. 404 Broone street. In February, 1855,
sided at No. % " slker am a physician; remsmber
heno called to attend some wounded men on the
norhpp of The 25th February last; 1t was bet ween
and O'Clock in the morning: went to the Of
Canal rect ard Broadway; there were ne weuty
Inc aoor upon mattress sfterward ascertsined was
Jim Tuner removed some Clothes from his arm and
found what appeared 10 be gun shot wound, three
il cbts below the elbo~ here witness represented oy
the assistance of Mr. Clarks arm the nature and ap
ne,raI &c of the of Tuner it appeared at that
iimel; after looking ai0r. Tuners woand and
probing it ] turned around and some one
remarked that there was another wounded man
nresent: I wss then referred 10 Baker, Who said:
e am wounded, doctor, believe saw Council
man Kerigan present, who was somewhat oticious,
and PRETENDED to have knowledge Of Wounds fro his
tIner erce in the Mexican war. Mr.. Baker here ex
bibted 10 the jury what seemed to be the Gear OF
bullet wouI OIL tie night SIDE ofthe abdomen Wit
ness resumipg-That Is not actually wound; it vas
probably caused by spent bal, which left mark,
In, did not cause an abrasion of the skim there were
two or III rec holes in bis sht which looked like bullet
holes there was another bullet wound on the left side
of the forehead it was an inch or an inch and halt
in length it laid bare the skull in direction 1t va:
f,om the front backward. Witness thea described
tho indications which would 60 to show that il was
caused by bullet.
did not understand tie name of the msn who was
wounded come one said, "Fire away Flennagso,"
fom which supposed that to be name before left
earned il was Tuner remained in the room for the
rest of the night after attending 70 Turner examined
Mr.. Bakers wounds and 6ndiog them not dangerous,
Presumed my attentions 70 luraer sno a ne alSe,
dissppe sred two of the holes in the shin were in
vertical line, the other was situated higher up and
more posteriory Bakers pantaleOns were here pro-
duced and witness pointed out hole which he thought
ives made by bullet BAKERS coat was also pro-
duced, and two holes we're exhibited
O. by Mr.. Clark-Assuming these holes to have
been made by ball. where must the pistol have been
held A. think from the inside.
Croee-t Examination reeume There are many red-
sops or at least than one why this wou I'D in the
abdomen might have been caused by g. ent bullet
the clothes OF Baker might have partially checked thu
force Of the ball. the muscles In that region are caps
-ta olo in parfin mi n
irg great resistance TO the entrance Of Dali; tne
bullet had penetrated the abdomen, it would have en-
cOuntered the transverse colon, and in 999 OF sacn
cases would have produced death; this mark OF tue
bull ct We und could Lot we'll have been caused by any
thing else than pisto shot in the center Of the wound
there was small quantity Of blood; the blood was
not the color Of serum my Judgment Of the cause Oh
shot wounds which have proved fatal.
Willism Mason, sworn-I am generally known Is
Wally Mason.
pess II il was de.igped by him show that Poole was
A nan of brutal disposition. Under any circun.
stance he said this fact, whether true or not, could
not leeituately affect the case.
The Court admitted the testimony.
Witness trosuminR).i knew roolei he was man
Who If he got into fight, would punch his adversary
severely; he would gouge and bite never have been
beaten by him. my brother was was present, then;
my brother had never offended him that know OF;
Post was there; was attacked and beaten violently
O. What was Poole's general character for truth
ana integrity A. don't think 1t was good.
O. Did you ever hear Poole ssy that ne wn the
beet twearer In New York, and he mad the best os OF
swearers about him
MI Whiting objected to this question. Objection
sustained, and exceptions taken
TIE Court--Would you believe Poole on oath
A. II he was interested IN the matter, woao moi
believe him under cath
Cross-examined-P les reputation Wa bold man;
he was generally quick.tempered.
To Mr.. Clsrke-I think liquor made Poole savage
Elwood G. Klein, swors-l knew Poole; was az
Stanwi1 Hall on the evening Of 24h February after
the first ARRAY saw Poole there; quite number were
present; there VAS a miscellaneous crowd had
talk with him; he shook hands with me when went
in; he told me had had dneulty tnat nornseey nsa
come for bin; he said that Monissey had snapped o
pistol at him; told him that under tnoSe cfcun
sapces he would be justified in shooting him Yes,
replied Poole and he took on, bis pistol, bESsined
"ior him to break away
Baker, nor Psugene, Linz, Hyler, or Van Pelt pre-
yious to going 70 Stanwx Hall saw Van Pelt, Baker,
Paugene, Turner, Daniel Linn, and quite number OF
other persons at the City Hotel; am moi Poslnte
seeing Linn; this was about 9 or 10 O'CLOCK; t1ey
were there when / wet in; do not know what they
were talking about; they we're talking among taem-
selves; Van Pslt vas sitting on SOFA ne quo no. OPP
pear 10 be In company with the rect; INN. AUaen
and Hyler were talking together but am no. cs..eni
Baker and Pargepe were talking together; Turner
was stanoing In the middle Of the hoor; went into
the water closet and when came cut tnls Pany naa
gone out then heard defnitiyely tnaI mere naa
difficulty; think man named Curtis was my inform.
ant; may have heard it from Van Pelt wh.n nrss
went IN; went to Stanwix Hall with MI Mitchell
/ think commenced q conversation WIN to1e 10
said that Mossey had snapped pdo A. hum 20 or
three times; l remained Of StsnGu nan vi e,tei
II oclock recoect very distinctly that about thss
time Poole called for two bottles OF WlnS eno MI peaa
refused because of the Mayors proclamation about
selling on Sunday told Dean that be ought TO lie.
Poole have the vine AZ be had called for 1t ten minutes