The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-04


given TO BY COty Jack about O'Clock that morning;
there were ten Or twelve persons IN stanwix Han when
SsSss 81. night s%sax af
knew him; st back ssanvis e. before ths Doctor
arrived saw Pooles coat there and the holes In IT. he
lay his back st the time and did not examine the
holes in II; knew that Poole had been shot; saw
marks In the wall there nobody mentioned as having
used pistols except Bakers party who had gone from
the house; heard this from Loser, Cy Shay, Harris
and the others did not make particular examination
see any others had pistols sent for doctor
because Acker and the others were afraid TO 80 out
to guard the door and not allow any to pass out
Lieut. Stage sworn testified as follows:-I one OF
the leutersn of the Eighth ward heard oaiosl
wards gave i to him to hand to the s (psto
when jack Brought it, did not know i 1 was him
at that time.
Mr. Clark here asked permission to examine of his
witnesses who had to leave town immed ately Perm Is
sion was granted, and the witness sworn.
Henry Week. was physician ba. e Present
during the years 1850 and 1851 connected with the
poli,e; shooting ARRAYS were Of frequent occurrence
occasion through shirt Dos ,m; saw them shot;
one cloak that had been fired through and from
which the man who wore 1t died; from my experience
should make up my mind to how the shots made
In n coat II / saw them.
The Court remarked that the jury could give OPT
MON that we'll AZ the witness He had understood
he witness to say that he had seen such shots two
occasions.
q
time through u coat.
Mr. Brady submisi that the evidence Of this witness
might Pc taken as ~ Na o. an expert. A..
you speak Of Ared through the coat9 A. Yes;
heard the SHOT and saw the wound given; it was by
Judge JONES' of California, who shot Jack Smith at the
corner OF Washington street.
CouIt-It might be as we'll to hear the testimony.
is your opinion as to the manner in which these
holes were made-whether from firing inside or shots
from without
Winess-I should say that those four holes were fired
from under the coat and think this rent here fired
from the outside there is another hole made from the
outside.
The witness here requested to put Pooe's coat
which he old, and described to the jury how the firing
hand my opinion is that the four holes made from
shooting from under The coat and the other two and
in the back Of the flaps, from the outside the lining
the four holes made from the inside il burned in the
shots that made from the outside the pistol must
have been in close proximity to the coat
To Mr. Crocheron q juror-rhere Il nothing in those
shots induce me 10 Believe that these shots the
inside could have been fired BY another person.
10 Mr. uaik-ln my official capacity have had sue h
that kind Of firing is sometimes used In CaliforDa; but
sometimes they don't shoot much there they do
here.
To Mr.. Whiipg-Those holes Ia front were fred from
the outside with the exception of the four holes toge
ther all the iest in my MUD were made from the out
side.
Here the witness directed to show with pistol
bow the shots made which he did, with the loaded
revolver in evidence to the very great uneasnvss Of
those in the vicinity. (pooles trowsers produced)
O. by defen !ants counsel-Suppose pistol had been
put In close proximity to the coat might not that rent In
theItrousers have been made A. should think there
was more than one shot Eerc West producsd) should
think the pistol close by when this hole made in
the vest; within about two feet.
q Could you say what position the party IN when
he received that wounds A. should say he bc.ow
the par ty InfctiDg the wound.
To Mr. Clark-K the parties were both on the floor.
that hole could have been made ! don't mean, whom
say below tie other that the other top OF
him, but that their heads not even; the inclination
Of the pistol was downwards
these in CALIFORNIA; who made 1T practice of firing
that way?
A. One Of them was Judge Jones; he was lawyer by
profession but guess he sported for living. QAugh-
Robert Burns examined for the prosecution keep
On the JUICES desk Just looks like pistol that Poole
cannot to 1t; loaded pistol for Poole in the
fore part Of that week. Cooks into the revolverD this
locks like my loading the caps are g. ID. caps;
tol locks as If it had not been discharged for Mme
Cross examined by Mr.. Brady loaded pistol f3r
Poole before that in August; cannot to this pis
tol; there are thousands like it in New York; did not
the pistol after loaded it in the fore part Of the week
O. Was be good shots A. never saw Poole fire; the
Dad out Of the muzzle and think the cap makes
O. Do you know "Corky Jack" John Quinlsn)a A.
Mr.. Brady-well, congratulate you.
street to repair for him. he repa ed IL, and loaded
To Mr.. Clark loaded pistols for Poole, and when
had CcltA caps used them, and when had not uset
&C. Ds generally loaded hts pistols with one bail
each barrel.
Wtness-These two pistols are the same length.
O. Can you tell TO a certainty whether that first pisto
is is not the you loaded for Poo.es A. cannot
eeneI ally cleaned the pistols before loaded them
Poole; cannot say that cleaned the one loaded fo
him last.
Mr. Clark-You loaded pistol like that for Poolef
Mr. Cark-And like 90, 600 othorss A. Yes.
HeIry F. Jones, examined by Mr.. Whiting-I am pc
lice officer; in tie neigh borhood Of Stanwix Hal
the night o. this ARRAY there between and 10
and again about one o'clock the time the trouble
there.
To Mr. Hall--lhat night heard shot near Peter Bar
lows plsce about one o'clock ran up towards Prince
| street; net a running down ana drew out my
club 10 hit him. his bat off and he had cloak on hi
arm; when ran towards him with my club he pulle
to the station house and told them to turn ont tn
men and went back to the Hail. that man who fred wa
| To Mr. Brady-When went back to stanwix Ha
they were putting Poole upon the counter did not se
Hoar t1ere remained there hi ioSr o'clock IL Il
morning; had charge OF the men; there was nothing
prevent any people except those who were wsne;s
in his hano he said he picked II up of the floor; lo
sight Of him alter that there was quite crowd there
! don't know who the man was and don't know wha
became OF him.
9 You don't mean to FAY that the man TaInsrl FIRE
~ o was sna
| he did not fire 1t in the air.
MIR. Crane, the foreman of the juIyI knew the mar
Mr.. C1aik-Do you know the witness Kronk, who tes
tilted the other day that the fred the pistol In tn
| air A. do not q. When you the pistol wher
had been shot why did you not take charge Of II
| A. There were other men there nearer to him.
Mr.. ByrLes, juror-Did you not consider 1t q par
Of your duty pick up any marks OF evidenceY A. Ser
gean. Lent told to take charge Of the door, and
| near the door.
To the Court-There were three running In Broad
way lear Prince street; when heard the firing wen
to tire station house to turn out the watch; did not
| whore the three vent u.
The Court said he did notI understand the witness
| say that the man fired mt him.
| Mr.. Crocheran, juror-Q. Did you think at the tim
| that the shot was fred at your A. I did.
Mr.. BradyDid you lotge any plant at the station
| housts A. No. stated the fact.
| Mr.. King juror-At the time no fred did you know
II was TurnerS A. After he fired he turned his face
| then knew him.
To Mr.. WLiting-The shot which supposed he fred .
me was little below Prince street; he fred
went TO the station house II Prince and Woostc
streets don't know where the three persons WENT the
| went towards Peter Barlow's.
| Mr.. Csrk-Did you understand he intended TO shoe
you fire his pistol In the air A. don't know hi