The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-11

SxSsI NJ John u. Holmes TOR tnc Hoaaoauc %
Policeman G0uriay.
COURT OF oEKRAL ssssi0Ss.
Bsfore Hon Judge Stuart.
SECOND
Aysu lo.-At the opening Of the Court this morning,
~ xuips, for the defendant, said that before the
urt rendered its decision the point submitted yes
tdsy 10 had still another objection 70 urge against the
reception of dying declarations testimony He OBJ
iectsd to them ON constitutional ground for the con-
tutien provided that in all criminal cases the party
scoussd shan be confronted with his witness, and the
consultation therefore, In this respect abrosaei tine
common law in relation to dying declarations inc point
had never been raised before in this STATE ou' mas
been sanctioned in Georgia, be counsel quoted re's
vantcass) and entitled to the serious u
this Court
u,. uoxo. ..,a that In the 1st Wheeler MASS. Re
100. IN. mint had been decided adverse to the posi-
a., t.ler Inv the counsel His honor moreover, ruled
~ ainst the motion OF the Defendants counsel and per-
tted the introduction of tie conversation that passed
t..ss. The witness (Sheehan,) and Gourlay, the
morning OF the lattsr's death
Michs.l Sheeban then recalled, and his examina
20. By Mr. Beebe-wnl you go on with the conversa-
ion that passed between you and Gourl.y on the sun
dav morning that he died. A. asked him, he said
he was going to de- whether he struck Mr. Holmes pre-
yious to icing stabbed.
To Mr. Phillips did not tell him again that he would
To Mr. Beebe-Gourlay SAID ''No,, in low tone, in
answer to my Question that was al, ne said ssw MS
Q. Where was the wounds can't ten dii not
see it at all lam,
the coat of the de 'easea
o. Nv Mr. Phiil,ps-was that coat produced at the
eoroDers jury A. cant tell was wn sns s SsGse
house; II has been in my possession tiace Janssryj
before thai il in the station house, saw thar coat
on Gousy the night o. the ARRAY did not examine 1t
MT Phillips objected TO the production Of the coat in
evidence, AID Mr.. Beebs waived its introduction
VrQuescn by Mr. Beebe-Wbst was the used by
Holme. at the time Coils under arrest. WHEN
Holmes rescued hinS A, Tn. deceaed told Mt Hoimss
that he bad scued his prdoner, and said w see you
for il to morrow TO that effect; this was oil
that pnssd between them that occasions ~ the tis
OF the arrest Of Calsghsn, Holmes called me "a bloody
son OF b--h! got you on the police. AMI III break
you'' be smother rem rS that am ashamed to
express in Court he called me LOUSY tailor -
tross.exsmlred by Mr.. Phiips-l viii have teen on
the police year, next September have been in this
country since ls47; declsrsd my intentiops in
October lS4S and became nRtu rahztd In June,
1865 two months before appointed on the police;
on II night Of the 3D. Of November went to the sta
ton houie before o'clock had lot been in company
with Gourlsy before went there; donts nos which Of
US arrived the station boute first lett a. sun lowe
tosether-some eighteen or twenty of u.s. Golay ana
were eide partners; it about quarter before IL
O'Clock that heard the noise at &c Greenwich sHcst
until tstn had been pal ,olng; had seso Goarlay
about doze n times in tbs nsrval; believe Was
called into three places during that tour: was in
basement at al Greenwich street l was also
in No. 60 porter house, the third place Rector
street this last was not porter house do rsmsm
Der being in any places except those have mentioned
drank liquor that night; can't tell whether Gour
lay lad b. drinking; not under the ohuence oil
liquor por was GouIlay that could see there
public meeticg that night and a procession by the
mono belong to no party; voted FOR Mr. Bro va o.
that election; cannot tell what party Mr. Holmes be-
TO- The bar Of No. 50 street . va, KEEP
lady lived there, but do n Z know that she was hi
wife.
@ 80 the best OF your kno Wedge snd belief,
that Cola resicenctY A. only heard be lived there
had 10 believe 1t was his residence when he wsn
UP for the club.
o What was the character of the rcise that
your attsn ons A There was shouting add quarreliag
O. Was IL not shouting for the candidates? A. doa't
know heard them for whole block; the shoutia a.
for different candidates continued until II O'Clock
Collis on the sidewalk when arst saw him. when
arrived wch the deceased and Cells we're
in alton; the DECEASED aiyAi0g the whole
ty osperse Collie was about he middle OF the walk OPP
do o. he plea 3D. the bali door or s. Greenwich street
was orea and half dozen popls were inside; woma
there asking her husbant 10 stairs and that
was Coils believe Mrs Malone was there, but cannot
Q. Did not cois say that he doing nothnes that
he standing In font of bis residences, md had
right 20 be thsres did no. hear hin say SO;
TOLD him 60 up stairs with the woman he piled thai
he would do as Re pleased; swered that he could
not do what he pleased; lie said hs would let
what he could do he hen went stairs aud returne
with club; ssked him what he brought the clab for
he answered to protect himself from such wh.ip, as ",
the s'dswls then, about two feet from
the soep the deceased then vent to the step where
kercbief they bsds quick jostle aud both Coils ant
the deceased got h. mined up hy the crowd they ost
the priscns- by tie 'sppsi of the coat; his cap wal
Knocked of. snd so was nina was about a
foot inside q the ham hsa tie prisoner and had ny
club N my hand with the stricg round my thumb; a
that omnt Holmes made bis appearance, and brought
my club in front OF my body; while thus Holmes caught
hold 81 me; Gourlay had club; cannot tell whether
Coils had bat cap on have impression about it
he bac On black hsndkerchef; saw his face and had
hold Of the lapel of hi. coat che best Of my belief he
!. nv. In,
theD; don't know what Aind Of cub Coils had in his
HAND IT was small black stick, cane should judge
there were about seven persons the I'd there
excu Of myself and Goury there four persons
in the ball beside two women, Mr. Caunivan Mrs. Ma
lone's inlaw, thtre Mr.. Iandy there aud
young med Cu-ran, aud Callsgh,n also
may have seen the females who were there since;
sake do not strle that man the hsad had lifted
club within Holmes seizei IT, the CLUB my rish!
hand, srd bad hold OF the prisoaer with my left.
O. H,d Jon not your clab rAised, ami did not Holm,
catch 1t ss it was descsndirgg A. No; he might have
made the sbovs remark, but did not hear IT. cannot
ssy how vide the hall was; about four feet Ishoad
@ How long were you in that hall? A About I've or
SIX minutes; when Holmes caught hold Of my club I
asked him to let IL Ind to let Colls In order 1,
retain club after Holmes let go the club turned to
60 into tie ball AID met Gouray; he raid that they
bad cut The tsntlerchie and rees,sd the prisoner;
Holmes then on the li,ewalt.
Q. What vas the conf Of Coils that night? A.
raw him DO other act than what have tatsd alter
sColis went into the house came the sidewalk; Cal
lsphar then tegsn to abuse he called me loafer
and feid wanted to XIII the nsn with my club put
my ha nd then 10 lis breast, and told hm to 60 hons
my touch puzzled him into the gutter, into which h,
fell he IL and WI n a'ross tAs street. followed
and a,rests hir, for being drunk and disordery.
o What was he doing a. tie time you arrested him
h was abusing me, and forned one oil that party.
Q. Did Cansshan say word 10 you In the hahS A.
No. -
o. When you say that party, DO you mean the D's:
mond partly A. don't know what party they wsrs
took Cslaghsn 70 the staff house he Salked quietly
Gourlsy sccompspied us; Hsmes was stantiug at his
owr door he said to Go along JIM and Will brea
Won 10 morrow Holme5 then resided In % Greenwich
street. nearly opposite No 56 cont know where Gala
chan ives remained abo5t len minutes at the sItioa
house after having brought Csghsu there ths way
to the station house notbpg said bet stcn ms and
Gour1ay about locking up ho mes until after the ees
ton; when coming back the deceased said TO
am bound TO have tina. rescued prisoner (Cois) 1t
was ell quiet when returned there were few per
cons In the hall way OF No 80 Greenwich street. they
standing about the door holmes was standing on
the street in company with young man; i wa. not