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

i
the are Witnesses for the In this case
Mr. Clark also 80 usesd the relevancy q the testimony
that he feared iusdce but he Hex from thu peured ss
tmony Of Poole's associates. He (counsel thought
perats assaus tor biting on the nose and pars
and that Charley Lozier and others were his Witnesses
Mr.. Whiting replied and submitted that this general
way Of launching At all the Witnesses was such IS the
offered to show that the deceased (Major Lorug) was
Of word and blow, but the Court would not per-
Mr.. C1srk-But they we're strangers to each other.
Mr. Brady said in the Of DeCorn the ruling Of
oeeos the & the defence to
show that certain Of these witnesses constantly in
IN and battery he permitted this they say
the witnesses gave coloring to this transaction.
/ diciments for assault and battery
| Mr. Whiting objected
The Court said that counsel sometimes argue that an
| indictment is NO evidence Of guilt.
Mr. Clark-Nor Is 1t; for any respectable man might
get indictment under the present Grand Jury sys-
O. When you have ceiendsd Poole for assaults and bat
teries with knives and forks who were his witnesses
Mr. UarkZwas Poole convicted when you defended
him that assault and battery with intent to killS
Died d h' was '0n'''eo on 'n'' occasion anu "l'"'
Q. How often he convictedS A. We generally went
Mr. Clark said he would call Mr. Russell to the stand
on this point 10 prove who Pooe's witnesses wers at
| Wi ness continued-yan Pelt is brother-n-law OF
| Platt and Platt is an intimate friend Of Poole.
To Mr. Whirg--Never ihesrd Baker make threats
q. What led you to caution Baker about Poole A.
XII owing Pooles character pretty well; that he was
ead An' "hsn IN nan'f 'p' 70 abuse n'' ''''
The Court here took recess for quarter Of an hour
Ira Floyd was called and examined by the District At
torney- am attached 10 the District Attorneys office
of the officers who subpGnas; am not ac
quain.ed with Corkey jack could not find him 10 serve
him with subpoena; ! heard nc was up on Black Wells
Gnnls f.r thnrn and hQ
had been discharged general search made tor him
! for three weeks, and he could not be found.
To Mr.. Brady beard he was sent to lackwelps
Island for stealing; did not hear he ran away from
! another charge Of stealing.
that he remembers MIR. Burns bringing him pistol,
about year ago. to Iepais; believe the pistol on the
could draw the loading from the pistol; would not like
to swear positively to this pistol did not take the num-
To Juror-The part repaired is what is called the
| hand; that is on the inside.
the pistol Indicate that the one smooth
the marks down. and it might be difficult to discern tue
witness here took the pistol asunder and examined it
minutey.
To Mr. Whiting-I believe the hand Of that pistol has
been drawn out and can't tel whether it Is the one
| mendtd or nos
To Mr.. Clsrk-al.etiues the hands are drawn out;
sometimes the hal gets short from frequent use; the
hand has been heightened about the thickness of sheet
Witness then retired to the Clerks office t, draw the
Nelson Brewer was called to the stand and examined
by Mr.. Whiting, depcsed-t am but.her by trade;
| know Bal er; Iknew Foole know nothing about the
afrsy; recollect reading Of It In tho papers, but
| know nothing about it.
Q. Had you previous to that time had any
| ten with Baker about Poolef A. No; 81 heard him
speak about him. but never nothing very indrectly;'
think IT was shout January heard him speak Of him;
Q. what was he doing therea A. "ws,, me and him
merely taking little private drink" (laughter);
/ a n &
@ lell us all wha. was said on that ocoasion9 Twill
aIe Continued a @ '0f 'Ann0'
&. want to Know what Baker said that night about
to d him 70 that e. 9s sss ;;s
him he had his pistol in his hand at the tide:
To Mr. uss n remark was made ia reference to
the young who then present; Poole assault cd
Mason. severely and then called in the officers
reproach Mason for allowing his brother to be attacked
BAL censured fer permitting the alta X Mason;
Poole attack Mason; as far as | understand Poole was
called out Of his bed to and whip Warren Mason and
q For whats A. Nothing he called BY
named Hcatley; when Poole came in one Of the Masons
severely roole brought in two with hin, H,atey
and Post; one of the Masons weak man; hc was
very bru'ay attacked BY Poole, and never will GET over
Welt what Baker said in reference to that brutal
q Would you not have done So Baker saids A. Ger
tainIy.
J..
Wtness-Mr. Post is perfect gentleman; he was a
fierd Of Pooles Post the aggressor and then
sent for rooe kept public house at Of Perry
To the Court-Pooe had nothing do with the quar-.
rel he beat the man not knowing what the casse sas;
this Conversation Of Bakers was three weeks after the
| beating OF the Masons.
Thomas r. Parton, examined by the stric Attorney.
Il am police officer went out In the Grapeshot in
pursuit Of Baker; left New York 18th March,
sisted in making the est of Baker, arrested him
the 18th OF April at The Grand Canarys Island oppos
tn city Of ralmas, in the open he board of
o'clock in the ming and arrested Mr. Baker about mid
ship; when frss Mr. Baker he at the wheel
passed smdshp one Of our ms told the captan
he had q man on board named Lee 1aieri the Captain
JeomAns not officer; understand that he de-
Puted by Judge Stuart Jeomans took hold Of Baker
Bsker was xicus to get into the cabin to speak the
Captain and said that had right to take him with
out the authority of the Governor Of tine port said to
Mr.. eomsns that should make short work Of It, aud
pulled out pair Of hanccufs and put them on Baker
we got Bakers and took also; we
arrived here in May.
lhots A. He did. O Was that request sec,rdedS A.
II not for this reason, t,at were on board the
GrApeshot at the time and had squared away from the
Isabella Jewett; did not hear him make the request
board the Jexett We were about . mile and a hall
think We had All ss ss' except the he st UI ssn
l
the Jewett left New York eight days before u.s. imme
diate'y when Mr. Baker mace the request went on
deck and asked the captain and he said the wind would
allow him to follow the Jewet and Baker could
get his clothes when the Jewett arrived in New York
| Q. Was tie captain not under your command at the
timer A. We might have thought 50, but he did not
! Mr.. hady-When he boaYue. ship and took man
out Of without shadow of authority he might have
also taken his clothes with him at his request.
Mr. Clark asked II Baker gave any on board
to what induced his fight OBJECTED to after
| gnnent)
The Court said the jury would understand that beoausc
man ian away It was no proof of guilt. some timid
men will fly from fear II the counsel for the prosecu
lion would allow the question, the Cour. had no objec
| ti0D.
| The prosecution objected. The Court ruled out the
question but would look into the case and II there Vas
anytidng in Il he would inform them Counsel for de-
| fence excepted.)
/ Mr. Marsden arAin en- ied IN A,o IL IA