The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-19
THr SUMNER CASE IN BOSTON.
'Tfse Hhavvmut Avenue MISUNDERSTANDING
taon Of the Accused Parties.
CORRESPONDENCE.

shinr presidirg yesterday TUESDAY, crowded TO
e~ps.. kssen to the developements that might be
made tbs examination in the cases OF Benjsmin +.
walton and O. Coburn, arragned for the capital crime
In causing the death Of william Sumner The principal
cts relative 20 The have already been published by
"a. Among~ the spectators noticed large number
Of adies with sprirkng Of Senators and vast number
sfAwJers The court throughout the animation pre-
scented mated scene. heightened by the anxious
interest Of those many PERSONS who filed all the
nues and ssiss Of the court room.
Mr. Porter. the party who in the first part assault
Cd, present; he IL . young of medium height
having yet remaining the caused by the blows In
ficed he of dark complexion and has dark ache
and heavy whissers. Sumner, whose portrait saw,
GDe looking young man, of medium stature round
features and MODE aely stout build his figure well
developed and his fame equally proportioned.
Mr. Justice Cseo Cushing presided In behalf OF the
prosecution District Attorney G. w. Cooley and Moses G.
Cobb appeared The accused parties represented by
Samuel D. Parker and Nathan B. Morse.
District After ney Cooley, at the opening tho court
Assse Remaining that he had yet been furn shed
With The records o. the Coronors inquest he could not
proceed With the Investigation other than irregularly
Witnesses for the prosecution then called the
prisoners brought IN upon which the sister of Co.
burn, who already in court, tainted. Coburn ana
paou are both good looking young men, Of slim make,
tho former being light compexioned the latter
dk The former very pale while the latter seemed
h have setdea his nerves beyond outward showing.
The Court hen notified the audience that at the first
indications Of noise he would clear the court He
also charged the members Of the bar to keep free from the
reporter iai tstle.
The frft vitness called was
Agnes heepan, who, being sworn, says:l at Mrs.
Ferfas sert West street, the 18th of November
last
Q. D, you ku,w the prisoners at the BARI A. have
them lately bot did not know them by name;
Isav then 10 he store; it ia the evening; Of
them both asked for Mr.. Sumner; said did know
any one by tst tame; they then waited for him. had
seen in IL the store before but did not know his pame
but distinguish him from any one else: he arrived
ii the store after they no. ard they al met in
The bsct part = TIE shop heard Dalton say to SUMNER
wered, nEot ongn il Dalton that that in.
curry hes d no OF the conversation and it did
not Last loie-l should judge only for few minutes;
when they i they all went in a carriage, which
waiting Al The door the hcrses headed towards the Com
mon; Mr. sumner was rather slim made man, with
black curly hair ana black mcustache.
bsve d,egerrectyps likeness Of The DECEASED which We
would put in 10 prove his identity by his friends.
Mr. Parker \ object, your Honor.
ExAnnst ion ed have Sumner in the store
with ,ne gentleman now standing lP9Eter) saw tGen
frequently came before hat time have seen other
person Of the Of Sumner in the shop during that
time; believe Mr.. Coburn wore moustache when he
called at the store but feel certain to their per ,ona
enuS; wa alone in the store during their visir, be-
keve.
Cross. examintd-When saw Messrs. Sumner and Por
ter tey sometimes we're one and sometimes had com
ps-y they frequently with two ladies' whom they
bought confetti ne,y for.
Oliver Gregg sworn, said-l am not aware that
ever prisoners before 18th November; can't say
that ssH ell her OF them that day; rented a car
risge and took hree gentlemen from Ferras shop
o my men came wi h message for the carriage; had
FIVE nitn In my employ at the time aud cannot
her which mt brought tho message; think IL
nsmed Jes that brought the message to me; the
q The carriage paid Mt the time it hired; took
The parties from the stable to the shop; did
not learn Toe Of either Of the two psrt,e took
then to Ferrar shop, but could not identify them;
went TO that 81 op about three O'Clock, and arrived
ShswEut avenue about halfpast; passed up fremont
took hsn, but think Icoud recognize it; do
The numser WAS told il, but forget H. it was the
eft hsp0 side q the avenue could say that passed
@ DID you hear apy Of the conversation OF these young
men during that dsy-say as they came out Of the shop
q Dd you Eea any loud talking in the carriage A.
Q. Gan you tell whether the No. Of the house was "a
"a or BAY A. think pot; believe the house
great xsy from wa'ham street.
Did you hear the nsmes OF either of the persons
Collected to-, A. did not.
Q. Ud you any unusual movements on the part of
either party A. No, cir.
Defence wsives cross examination.
E g. richardson, police officer, was next put on the
at absut O'clock fix the time from being my station
house Ut an know t1e prisoners during two years past
did nst tnow Mr.. sumner by name Isaw oarrisge
knew two Of them and should recognizs the th d, who
believe, was Mr.. sumner; ! was then BY the door;
IraEg ut the bell but coald not get in heard
called and a crowd Coburn said that he had
paying him for being too free with bis wife, he said
had th-ashsd him. but could not say il he said in what
Cohurn said that taey had trashed Porter in
laxly said that ''we had done 1t; both parties
present during this conversation; Coborn said that he
with his wife by thcse young men, and he had got his
vito TO write letter to Porter ant he came.
Mr. Parker objected admi.si5 Of any eyi.
denes relative 20 assault on Porter.
Witness reeumec-Coburn said that he understood
that sumner had taken improper liberties with his wife,
and that they had given him Id good thrashing
dalton did not dissent from any part ef the
uoc they die not state when they logged him it
over enty minutes after they entered that got here
party hidden in the room, when had tins
convorsatior, out cannot say who it was; think
sn. wsa the with ss"
his part get this statement in answer to my request to
Cross exssnnedlt wss past when got back TO tho
house: hesid the clock strike ms was my route;
.ofoer Grant was With me at the time; saw nothing
sSout tbe house when entered il that was romarabe
vent In with Messrs. Whitman Grant and Chapman;
the room in which was furnished in the usual way
William Henry Nuter next sworn--i was on Shaw
nut avenue 18th November know Columns house;
1t Ia No 81; heard noise In that house about
or O'Clock that afternoon; it loud
CRY Of "Murder;'' 1 could not say how often it was
raised, mayhap dozen ines; 1t seemed ~ me
TO be the cry Of in distress; stood on the
sidewalk in front Of the door toli to burst the
door In this by woman who spoke from up
per window hea a scufpg noise at this time; tried
70 burst the door In and he tbcro two tn
up aDd went 20 get an ocer the voice seemed 70
from female; also beard cry ''dout' it ap.
peayed though person being forced up stairs
the rsme raEty seemed 10 say "youh kill mo- could
net tel where the cry seemed to como from; was too
mu,h cd could not Say that heard tho voice OF
ary at ID neither cid hear any othor discus
the expression AZ understood 1t. not .youH kill
him" blu. you'll kill mc;' saw NOBODY escape from
the house saw ft the back part of tina yard
absut Gy sixty persons got round the house hlc
was thee saw TWO ether parties in the house. but
could esy they were was not present at any
interview prisoners; do not think that either
nj theoni DIV Mr Porter durin0 that nj
toturl's htae, that just before IL O'Clock could
that saw either OF tho prisoners after my at
ttptieb was called 90 the house by the Noise
Cro<eexau 'ned--1berc q window thrown . white I
BY rs upper female put her head out of
the widow and told 10 break Ia the door,
Going murder IL Is four story house, and think
the window the third story.
Mise Coban Ulster Of OF the prisone.s next
called She modated with seat at the stand,
End k(ces ohiged TO fan her 20 keen her from