The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-09
UN.1oAY MORNING, DECEMBER 9, 1855.

n 1 flat
=, Mr. csrs.wA. there no other charge connected v
+, 6 Ten Il was clear, d,> Alright se,jury9
n miness mess (fcra iy)--Ye. ~, aud Drfh,og elias.
do 10 you recalsct meeting Baker 1t the ci Ho,
Q. .ic you push Hm swsy nan the bsrs A. No, .
IsA' 20, IN NE hstis ofao,rx % ~ any one
\ q Ia uu not strike at birs7 H. No, SIR.
Q. YoS are cure Of thsp A. Yes sir.
Fhe csu,t here took Tbs usual rsceA. easrnAbol
Nr. Wlnis for tho prcsecction.
Q, What Is your pu'ines-r 1wvk in %ash.hgto
c. What was your business IN psbyuary iss9 A.
IVES policeman OF the Ninth ward.
z. A,e you "a s,n'ed with Louis Bssae-' A. lam.
Iwrs brought ~ with hin ha = seen i,ss nen no wa.
peace abe b. and wheo he was Ugly.
O. What is hts se.sral character A. Bs was mis.
q DID Sc. ever ares, Mr. Baker, (otsocsed TO and
Cross sIsuntc W sr. Clark-I we,s for Mr. s,urso~
In washi goa Market; am hutclor; don't pro-
itss 70 be one; fAnew Poole after d.d u,r sue him
We're you NJ the foot " Amos syeer ut tsse occur
renee be wsep Ehn and aorisscys A. vas.
~ ns. C'ss-.t sps 81; ,ou may 60 lsush'.rl
thse1 A. heard oftue affair and wlnt ,h.,fe
y Where old YOU hear II ~ A.. At Aa n. aiier's
ballroom; VAS out ~ EN- ploynept thea
| Y. How dia you lrs If you Of employ A.
| was snL ei,mtky nov ano again, ~ every one u.
How Icing we're you with hin' A. had been
net tSen ooe's bsrSecper had been oet oS hs sy
,e,en Q, eight days at ,sas time lad policeman
/ when vss In Ara =. hhiier's barroom.
Q. You hsa beena pole sman befc7c ,hs,was II not
A. ! did my GUY a oazeo; | icnt Morrissey my
clothes AID 20, him out Of te crowd and the dosk
,aw peI- ~ ht hun; did Mt sec Patiek h,,n; took
Prolc horisey snd got horrissey a~ay. saw per,
sons hit hm (horrisey) but d. n,t know who
they were irisa TO save lics all coua ~ora,og
10 the Arsenal after that was empIoyea BY the
misary Ge.e,s; II vas after that vent to w5rh at
Wsshington market
O. Lid you ssy Baker ~ arrel.omes Al Gag he
mifchfrf maker, aud that he m
| able apd at tinss ugly.
O. Who dti- yos hsar say sop A. He eor,eer,ed with,
Poole ut one tinse ~ have me trokc aud Mayor Hsr
| meyer dsmi,sed u on the spo,
Siys o. any parties Ths % ba'' spoken
Mr.. Clark-Rs will have Mr.. Plstt the stand 10
Mr. whiting interrupted, and said such conduct to-
wards the Witnesses degrading TO OF justice
The Court ssid be had tried 70 put stop to such .
course of p,oc' eding, out in vain.
Mr.. Whiting Then, your Honor. you had better dis
charge the jury, arc adj oarn the court.
Mr. Clalk 10 vitDe sGi,e me the Of any other
tbsn Mr. H. Plat, ha, you heard say Baker .ss quar-.
reiscme mani A. old not ray 10 q guar relsoae
man sad a'chiei maker; csan"t give tue name q
at the time lAtt said
Q. When did you leave the policef A. w~isned the
police
Q. wbyS A. I win toll you IL yos want to know
arrested = msn at Nesark, n. j., for a burglary, 'or
sell gave Oh ~ $50 resgned wAs
fair division .. wac entitled I" si0e.
Mr. ciaIk-You resigned because you did net get fair
1be Court and counsel for this prosecution agAia OBJ
| iecfed 10 these ments
be did not ei that II weuld be- aecssary to swear
! lhat Baker quArresomc man.
Mr. Brady-l wsnt to know the Of any living
| who said 10 you Baker quArrsi.on rntnt
WiDess--i tod you one, M. Pns,; cannot call to
\ Mr. Bady rose move t. have al this wtnes.'s tes
tmocy stIiasn ont the ground that Il 1, ueg. lie
you'd DO 20 without arg msnt ihs dsienos had proved
,ilnony Of 'bis vnrr., has hsa assa..i,y ~,t.
| Pa.er, sbou BE- stricken from the record
The Court said the testimony simply that B.ksr
vas nifch.f ske. The Court did not consider the
testimony ofthc s'ishie-. importance The Court would
IIraee DrnLsm examined by the prosccuiion--I was
policeman, doing duty from 1860 to the time Of this
| cureDte.
| o. 10 you know Bakers general character for peace
'nd qsie,ns.At A. have seen him out late At night,
What Y his genesl Character for peace and quiet.
| near A. He IL fighting man.
ca oss essmir ec-Who told you Baker was a fighting
| psrf A j.ogd o from The compsny ssw him in.
| q. Who .oid you Baker Was fighting man. A. Mo-
| Locy.
| q Have you ever seen him fshts A. Yes; "a blm
fgi in Howard street, IN 1861. between Bros iay and
Mercer street, DID not nee who vas Gsh,ng attn him;
there was crowd they were all nshng aad paing and
hsuliBg tgether did not any strike Baker,
0 lid you ste him strike any onef A sas him palng
and haLll X, ~.nt up maze peace anil diapersef
q uld MT tell who STRUCK I, night think Il
after IL oclock lncw Bsscr at iba 'Tle think
Re In the Office of the Com misoner of I'm grafton.
did not speak TO him about IL; he officer At the
| time, and WAS J.
| O Die you repor, h,ms A. / think Captain Turn,uIi
knew IL Captain lurDbuu 10 the crowd too, pulling
| sno hauling QAughter)
Mr.. Bady-ThA, was regular " plug nuss." daugh-
| .. Are you sure /, was In '52f A. Yes sir
Lo y.u not tnow that Aorrisr.y In Californis Ia
5& do not, sir; Il may have BEEN the fall OF 50
O. We're you not presented with ts'imoniAlf A. Yes
hr. B'sdy- belle se Ia captain take. the
river IN ahfyboat be presented with medal OAugh
g. 10 you not know ,ha, Baker was applied 10 10 sub
scribe 10 the testimonial to you and dsciiEed A. do
To Mr. whipg-I net Baser on the nigh, Of the affair
1T fa,rs be tod iced e., tho sHsir all over
hauid 60. as Nr. Iistt sent for me.
MI. Csri aid he thought this tsttmony should be
trci out tho wiiDess hac spoken of Bskers gen
tral character he merely says that he Baker n
| crowd with Capt. TurGbuil.
A. u. Russsit 70 called. Deposcd that he was counsel
| q. By The District AttorDey.-Do you know Poole's
character for ruth and vefAciy. never heard suy
lis euds, snc. "a matter of course never heard his
ebsi ae,er for truth and v.rscity QUESTIONED
U. During all his litga ions have you hea rd his
character Tor truth and verseity questioned, A.
| lave.
Q. Would you believe him under oash' A. Well Think
| WOULD believe him unde oath.
ctoss .essmiDsd-Ifhe we're interested In an affair
,houd thiLk be would be inclined 70 color Il 10 hi
| iavor.
Capt speight Of the Twenty first ward PoliceI kne~
| ,oole for fifteen year; never had much dealings with
| this trial think should believe him under oath.
To Mr.. BraAy-Nsyer had an opportunity Of hearing
| him testify.
The ~iters McDoncugh WAS 70 called by tts proseco
ton-l did not tall CoroSer inon that kns. nothing
| about the affair.
Cororsr Hilton examined by Mr.. whi.ins-I tn,w Nc.
| Ionopsh, the last ~itnsss.
a. you commit him vttnsssf A. did not comtni.
bin ssv hin Ia the Fourtsenta yard ron hogss;
| ~ould bsve tsben hs Testimony II though, he knss
sn,thiDg stort ~ endssvored 10 get al the sony
| | could.
Cross examined by Mr.. CiArh--I shed MeDonoush nhs
lbew M hing out H. and he said did learn
| nat Cy shay or cotkey Jack hreo pistols.
| Y. Lic you ad,be The JHy 10 impdes,s living and
horris,eyt dc n,ii sdvi-ed them g. tie CONTRARY.
Lid the CofoBer's Jury adjourn to attend Poolss
| itnsrpn A. Tiey cid not
y Lid DO sse some Of thsm there pail bearsrsf
| a cid Dot tse the procssviou
q. Did Nofffsssy surrenaet himself A. Yes. 1 dld
not udtt there any thing 70 c.nnses him vim the
| ,sc.rd sGrsy.
Y 10 you ihnh there vss any thing :, connect Irving
L vi A gtd n inL sk<x~