The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-29
THE STANWIY HALL TRAGEDY.

Trial or Louis Baker for the Homicide of
Wininm Poole.
THIRD Day.
COURT OF oYEK AND TERMINER.
Hon. Judge Roo evelt psesiciag.
THE
Nov. 28.--At the opening of the Court this morning
Mr. Clark said that he deemed II nd pensaby necessary
for the sry to view the premises before much tes
timony taken because however intelligent the wit
nesses may be- the jury cannot understand the tes.i
uopy unless they do He suggesei hat the jury ami
the Court, accompanied by ef6cecs procee. at
visit tbs scene Of the ARRAY.
The Judge said that he had tho place AMI that
IT Is very little altered according to the description
given by the witness yesterday The Judge thought
they had better 60 wi b The evidence now and the
jury could view the premises being Thanks
giving Day there would be Court held they might
John Dean was again % called 70 the stsnd--o by Mr.
Whiting for the prosecuonYol stated Yesterday that
the Art shot rsa nS ws s WAS there oass
the shot by Baker; after Baker fred there
other fhsts ared very rapidly Turner fired rapidly
can't say that pistol with any except Turner
and Baker did not see with faadeens saw pis-
to With Poole in the early part Of he evening before
sticking out of his left hand pAn,sloens pocket.
Dd you see the pistol ia other place tsan in his
poekeW A. did not did not sec IL after Poole
shot; Turner and Baker The last Two of the party
who remained
Cross examined by Mr.. Clark had been in that es-
been . butcher for rs or 2e years; Hy,er, one
.ef tho parties indicted for thi. murder,
his family lived ' up there with him. in the third %s stony
'front.' room; don't know If there was faro bank up
stairs not serving behind the bar Mt the time;
William Mitchell tending the bar when the
came Hyier and Turner came frs; i'm nediaely after
between them next came Mr. Baker next Mr. Andrews,
think, and Paudeen ast the interval greater be-
tween psudsen and Andrews than that between the com
drink; they all seemed to be friendly, but Baker ana
Poole did not speak when Mr.. Baker invited them all to
drink suppose he invited Mr. Pooe Baker sad "Come,
let us all take drink"
Mr. Cark-rhaps the usual way men do, to treat the
crowd.
Mr. Brady-of course It's one of our institutions.
Witness continued-None OF the party seemed to bs
been drinking hard he drank vine all the time; 1;
the vine wine he drank was champagne !. was was
Hyler and Mr.. Baker and think two other pe-
SONS drank at this time; Turner ard Poole drink
when Psudeen entered the first thing that attracted my
notice Paudeen addressing Poole n the way that he
did nothing had been sed done at all out OF the way
before that; Paudeen sald to Poole, "what
You looking aty" ] had not my eye on Poole;
paid more particular attention to him than
TO the rest observed nothing in Pooes wanner
cite that remark from paudeen took notice Of Psudeen
when he came in, because knew that his manaee;
that WAS his style, (of speaking) said t, Pau
deem "te behave himself or 90 out of doors, rs
would not have any fighting thers;' Paudeen asked
Poole, and called him black nuzz'ei son Of a -
and asked him II he would lick him; Poole said
worth he then asked Poole TO 70 out 10 the yard 10
fght when Turner took hold OF Paudeen an said thy
didn't come there to fght;' Linn add Van Pe also in
terferei and Paudeen struck Van Pe and made kick at
Linn the thing was, Poole saii he would bet $500
that he would lick any In New York; he pulled i've
SO gold pieces out Of his pocket and them 10
diagram oduced, and witness explains the different
positions Of the parties, the counters wash h.nl stand
&c. and describes the spaces between each
q want to bring you to the point Turner, Linn
and Van Pe nterfered bet raudeen and Poole dea
crbe their podonsi Witness again descrbe 10 that
when he (Poole) said +" who hex me for $500 -
Pandeep had hold Of him by the right appe Of the c,at
BY the coat it after Psudecn said II hex you
THAI Poole took the money out and put it in my nand
and said, hold that he did not slap the money the
counter but handed it to me- then went pretty
the end Of the first bar puV the money in my pocket;
guess ! put il in my left pocket; walked away, aud
turned round to look at them.
Q. Why did you take the money! A. wanted to get
it away from Mr. Poole
q. Was IL beca use he drunk A. No.
O. Why did you want to get it from Mr. Poole II it
not because be drunk A. Because thought he
fooled away money enough tha, night never ss@ hin
drunk but he could take Of his lney.
Q. Did you expect there wouli be dgbtS A. Not for
that money; when | was surveying the scene, the
nearest peqroA TO Turner; II then !
heard him say, "Now, Poole draw O. Had you
seen, in the meantime, what Poole had been
to tina. time Poole had the pistol in hi- pocket II ia
the left pocket am sure of II don't think Gao be
him after the first afray that evening; have a
pistol with him before; ii usual Colts revolver IL
ssSs fro" his pocket as much as three Or four
.. Did it project much as would enable light man
to put his right hand around his back uoer his and
take out OF his pocket and bring back under the right
tail Of his coat, and shoot IL of
A. ! think Light man csud; could not do It. (wt-
To Juror-It would require the use Of the left hand
to push 1t back TO his right hand behind the back.
q. want TO know IL yoa dii aot something the
part of Poole at that time that indicated mue1 firing ~
A. No. sir; when Turner said Nos, Poole, dra~ Poole
put his hands up to his sdes ION bis hips his PAN
he aav a l0 Dus
hands cannot undertake to recount everything that
occurred In exact order.
Q. want TO know II you surveyed the scene with
eamne~s fear, excitement A. never thought Of
myself was not confused, but was surprised Biker
standing between the door aud the oyster Poole
got around the Of the up to this time
Baker had not done anything Poole did not say anything
<Turner got into the front ~ the counter threw oil his
coat, and said, "Now, Poole, dra~."
Q. Don't you know that 1t ~as because Turner
Poole mufiing his pistol that he told him to draw
Mr.. Whiting objected
Witness contnued-I did not hea, from my barkeeper
or any one else that Poole WAS muihing his pistol
Q. Did you watch Turner'S pistol when hs ared2 A.
Yes he pulled II ont and sad Go 10, boys" aud rested
IL on his arm; him shoot himself in the arm;
the pistol discharged did not see the bulIe.
the mnzze Of his pistol rested his when he hot
himself he fell Immediately Turner was At the tins from
twelve TO fourteen from he door on Broadway and
four Ave feet from me; NJ the time Turner shot him
self Poole had got ound the corner Of the counter did
not notice anything that ssi after Turner shot him
self watched Poole and Turner; WAS collected enough
to watch them Linn had gone doors before Turner
shot himself Linn and Van felt went after Paudeen
Kicked ct one and struck the other; Hyer in the
closet at the time the first pistol hre It Is close.
under tie stairs; think Andrews and Hyier
closet together when Turner rst took his pistol OUT
saw them como out Of the closet after II all
missed them at the moment Turner pulled his pistol
saw Poole's leg projected out when he ng
near the COUNTER can't tell who fred the shots
made any particular bullet in the place. the
wall 70 Poole, when he staggered, the the
he staggered to the farthest wall aoi
te~Ards the shot did not see man named McDonough
there do not know how Poole and Baker
sethsr; did not bear shots before Turner frei
while be firing Baker fired should judge
fred four FIVE shots: Bakers first hre was at
Pooles breast his second fire when they pull
ing him oG Of Poole; ds not any strike Rsker
did not zee Lcxi-r pun Baker hy the coat to aud
keep him In; the mnxzle ~ Bakers pistol pointed
down when he fred fund two bu ilss In the Hoor
did not find any IN the wall there three bullet marks
n the wall on the south side two the 1o,r and
the end u the counter should suppose those shots
the wall came from towards the door.
q Are those shc marks op ,osite where P~ole stooiS