The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-11
TUE sTANwH HALL TRAGEDY.

Counsel fOr the Defehces
TWELFTH DAY
COURT OF OYER AND TRRMISER.
Hon. Judge Roosevelt presiding.
THE rKopIE vs. BAKIa-
Dkc O--Crcwds sgain thropged the passages leadln
70 the court room, which itself filed to its utmos
capacity.
George Walters sworn--I known Hyer and Baker; wa
at Lafayette Hall the night they had the difficulty q
Pistts: / think named Young there, and som
Others ana the proprietors OF the place; Mr. Jones
also there.
O. State what took place between them.
Mr.. Whiting objected. Collection sustained
Q. Who was III the company of Baker and Turner
A. There three of them altogether should think
there not than eight ten people there at the
time Hyer was there for some hours think all came
out together; The land ord ha ing put out the lights,
went 6ome; Hyer was etunb he hae been drinking all
the evening; lie was drunk when FIRST him; they
had been wfangling two o. three hours
Q. During that time did you see Baker go and light
Mr. whiting objected going into the merits of that
sfair-it not the matter at issue.
Mr. Bredy contended that il bore upon Hyer's state
ment that he did push Baker when Baker In the
act of lighting his tegar.
The Court Sustained the objection.
Cross-examined by Mr.. Whiting i think went out
little ahead OF Baker; came down Broadway; stopped
at patts my down; hyer da not come out before
it appeared If We all out together; when
got to the street they we're behind me- went down
Broadway with two men; neither oil them was Hyer Iur
Baker did stay ia plstt's ever five minues
don't recoect that ei her OF them in while was
there then went home; hunk ! aid not see hyer,
Baker Turner afte came out OF Lafayette Hall That
night; that my best recollection.
George W. Haipel recalledi recoleet Hyer and Baker
meeting in my barroom It was about 5ear ago.
Mr.. Whiting desired to know what The de'ence was
going Prove by this witnesss There were cola eras
enough already il the case,
MIR Clark proposed 10 show that Hyer struck Baker in
the Witness bar room TIE Court excluded the testi-
ny n irrelevant.
Charles Lesar recaled- could not tell when was on
the stand sses<e where WIS shot in the leg.
excited Il came in there (above the knee, and came
out here The ham,
10 Mr.. Wbtug--I was never the stand before; that
was the reason was excited was shot in the leg before
i was shot in the head,
To Mr.. Brady was not at vhe Coroner's investiga.
ticn because l was sick ut the time.
Q. Was ii bullet slug that wounded your A. II
was bullet.
Mr. Jusuee Brennan recalled and examined hy Mr..
Brady. rhe cepositions Of Mr. Dean produced). Wit
usss-Ihst Is MY ZANE signed 70 the jarat.
O. Mr. Dean swore to mat before youg A. Yes, sir.
q In hand~ritiugS A. The deposition il in
the handwriting Of Chancellor, former clerk; most of
have been Mr.. CDal ceor Mr. Murray that took
them, ana the writing is n i like Mr.. Murray'r.
Cross examined-As the Witnesses were brought in
they were sworn BY me and went before the Clerk who
took their deposiicns they were taken they were
brought 10 me and he atat aiixeo.
To Mr.. uark-Cy shay there in the evening Q.
The District Attoinev said that an experiment had
been mace in the shooting gallery Ter the St Nicholas
Hotel on another coat in the presence Of Mr. Whiting
and another gentleman.
The Court On a similar kind of a coat
had sen. fr the witness, and he would be here In ten
Fifteen minutes.
The Court asked il the summing up could not be pro-
ceeded with and the testimony Of that witness admitted
afterwards
Mr.. Clark ana Mr.. srady would not consent. Nc.
Clark sid he heard Of evden for the prosecution
being admitted after the oeiepce had umme0 up.
1t was ultimately agreed that the wtne' should be
sent for.
Ira Floyd recalled-By Mr.. whtng-Q Have you q
coat en- which some experiments have been triedy A.
Yea sir; two OF them.
Mr. ella h ubiscted-He thougtt the testimony on tho
part Ut the prosecution all closed.
The Court said that according to his landing the
Witness Produces a coat perforated With several pisto
Q. Was tina. coat fired at from the outside, and a
what 6stance9 A Yes sr, AT three inches it fire.
from the outside, ard fred the nrg the in Of tn
coat the hole at inches fired the linen slightly tn
one at six inches fred and burned the lining on tn
inside the muz2ie placed against the cloth outside
the ta went through and set fire 70 the luug inside
we fired through spober coat pr.daced) from the in
ride placing the pistol close to the lining " burned the
timing intioe in places, by the cap and the powder
md made a hole on the eutside cloth
To Mr. Brauy-Ihe experiments made at Burn
Blacks shooting gallery under the ST. Nicholas was
present ut the firing at he two COATS Mr. Whiting
present at the firing az one o them
@. Was there any present On the part OF the de-
O Was there any representing the defence nvitei
A. Not that know tie experiment was tried 18th Colt
revolver, same as the one pr ,daced in Court.
ioripg Black dep .edl wa present at the firing Of
loaded
loaded at the fling the pistol loaded with
DOUBLE charges, as such pistols usually are
Mr. Brsoy-1 desire say few words in reference to
the anal disposition t. be made Of chs ctse far the
counsel both sdcs concerned. We wish the pose
cuton TO state before summing up begins any par
tcular principles Of criminal law which they suppose
have especial appi alton to this As to the general
doctrines Of the law Of homicide will assume them
but they to cla In presenting their case to the
jury IL there and especial rule which
has more direct ana effective application 70 this case
than spy Of those gene, principles which are always in
N~as If ~ hta nbo art.r
would be fair Tor them TO name them. You sec
plsiny ON what has TRANSFERRED In the OF the
case, that there is little difference Of opinion among
selves as TO the circn ms under WHICH IN law XIII
ing may be considered jnsidsbs homcice The Original
intention was that so counsel on each side should ad
dress the jury If The counsel on DO sides had
determined, it woul. not be unreasonable tc
have a.ked the Cour, and begged the jary Z
be patient while this Gaze, in It'd large merits aut
extensive bearpg had been discussed two counsel o,
esch side Upon new consultation, we have come T.
the CONCLUSION that ia view the prosacted charace
Of the case would BE- fair to the jury (and peroap
not TO your HONOR to claim request that any NOR
counsel than one should re heard on both slices: an,
having come that conclusion, have begged my
cate who has paid most uniring attention to the cast
from the very frstand also deem it an act otjus ice
to clienttbs he did the fret act towards vadi
eating BaEer, he should also do the last.
The Attorney GeleislI will ay that deem II due t.
myself and perhaps To the puolc also to state the posi-
tion in which have been placed In the early part o.
this case and indeed until ew days ago, was sup
posed it would rot be unreasonable that four cour
sci should address the jury. finally from the pro
tracted nature OF the and the confinement which thu
Jury have patiently determined among ourselves
that 1t would not be right towards the jury YOU
Honor TO subject you 10 the further delay Of fou
speeches. II was then determined here this mornin,
that two of us alone should address the jury. have
tered this Attorney Gerea and Intended TO sun
tup, my feelings being somewhat interested in III ba
during tie Of the trial my time has been muct
occupied in attending quo sca1dnto and othe
important public busipess. My learned friend, Mr.
Whiting therefore. viii address VOW. He has l,boref
assidacnAly and niegen,ly through the case and
the facts nnderssan ings AMI strongly
to the consideration OF the jury than Ut the sam,
time that would not fov u moment have supposed
that shrink from duty. II arises from no shrink
ing from responsibility, or doubt as to the re
suit Of the which hsye in hand, what m,
duty should be it, presenting my views 81 the whole 9
this tIaI ctcn that adopt the We have adopt
ed. As 20 the lnw Ms vicw a. knas parti sul.
rule Of law which Il 10 take this ou' OF the ordioar
III were TO up the should end tha
y Is not necessary ha the accused should have INTENDED
for some time heoTe 10 kI Poole. held that II thos
parties went to sanwix Hall that night with viev
TO provoke Poae knowing HIN 60 be irascble, no
tempered man; and they provoked him by words BY
blows TO quarrel and then death eusu,d, that