The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-05

ceived And the prosecution has said they put for
] shall assume that such result will follow, and
may come to sufh ccsrclusion, that the case
against the Defendant on trial i not the wheic
then BE- proper for to give one-sidsd deei-
sion on the evidence against this defendant only
that II would be proper for the Drst Attorney to viii
ngy consent TO their being discharged and might be
The party might then be examined will observe that
In my view of the matter 1t would be polite for
the legislature to let all the testimony come in, and let
the jury give 1t all the weight II entitled TO- neither
believing dsbelevng all they heard bat giving it the
weight which IL deserved In civil cases under the
ants. But the legislature have not taken up the
criminal CODE and 1t remains inchoate and left us whore
we were and i is not my province to intase into Il my
peculiar notions, and Jet not my pecul notions, Tor
hey are common to many. My duty is to see what the
is and apply it. II Is not my duty to give opin-
parties has out that the Court judge Of it.
Mr. Clark--Then will proceed ut !, adduce
evidence and we must examine Witnesses as they
answer without reference to order.
Geo. w. lsaacs then examined by Mr.. Cark-I am
clerk Of Fulton market; knew Poole; ! know Baker;
after Mayor Woods election; went with Poole; we
going out we met Baker in the passage; Poole
said to me- rs he was facing Baker, ~ say, old man.
how do you think that head would look without
on iISo said to him, on; Baker said to him.
"you had better let thai head an ears alone'' Poole
said ~ going take that and ears off and make
pot OF soup of that head' Q-aughter.) Baker said
nothing but 'you had better let tina. head Of mine
"pli make You taste my mutton YETI
Cross examined by Mr.. Whiting Poole did not go to
oole asked where is that Mayor said IL he wanted
to him would introduce him to the Mayor said to
him. what Do you want with the Mayor he said "when
come out Pll let you kncw' pointed out the Mayor
him. he went into the private office do know what
occurred between the Mayor and POOLE but Poole said
some thing about policeman making complaint agaias
linn for selr liquor Sunday; hnd heard that ia
ker and Poole were at variancethat they
To Mr.. CsIk.--pole told whas his business ut the
IL n
against Baker; 1t was in reference complaint made
by officer against Poole for violaiog the corporation
ordinances by selling liquor on Sunday.
James Mcuonough depcsed-l reside at ITO Fourth
street; am coach proprietor st stanwx Hall
the oath of February last II O'Clock at night; Ia
the habit of going there every night except Sundays to
take btme Mr.. Dean and Mr. peige used to take Poole
home sometime; Poole was there that night; he was
friend Of mine was in the house about hour before
little excited. talking over tue air4it he had bad
with MoIrissey; he said MeYrisey had "iasted his
ton and he did think he would With to taste 1t
again;'' Poole Campbell, lpgersoll ADD drinking
wine at the bar when Baker came in that drink at
Dir. Pooie's invitation.
Q. Was thing said of Irish Of bss A. Poole
said that 1.-The him son Of p--h had tasted of his
mutton and he would not Ike to taste o IL again"
@ Who came inS A. Baker, Turner, Hyler, Ifnu and
Van Pei, in and Paudcen last; wheo they
kind Of scattered the end Of the bar; when
Faudeen in Poole looked at him with kind of
down look and Paudeen said You black muzzled OF
him there any fighters there big enough to fight
hin2" Poole made reply; Mr. Dean came from behind
the bar aud said che would have fighting in his house.
and that Paudeen should go out Paudesn said, Serve
every else you me-put Poole out and III
60 out " Mr.. Dean went out OF doors, and ont for
little space of time during his absence Paueen sho we'd
over and caught hold Of Mr.. Poole 10y the co,t.
Mr.. CrocheIan, a juror-Was Mr. Dean the first per
who vent out after Paudeen came in9 A. He
Mr.. ClarkAre you posi- i've of thau A. can't be po
sitive because when Paudeen struck Mr. Van Pelt and
kicked at Lion they went out, and they may have g,ue
O. Who was the first man that intererredp A. Hyler
at the time that Paudeen had hold of Mr. Pooe Campbell
said TO Poole, never mind him, he is drunk there will
be fighting here' Poole got round to the end Of the
bar next 70 the oyster box; Turner said it that:
lis pistol out amos preseoted 1t at Mr.. Poole; Pau
deem did not know whe her tn interfere not Turner
turning around his pistol went on and shot hiase in tho
| arm; Turner'S coat was on fire, and went over
going to get week. and caught him and let him down
the floor; Laid hold o his pistol out he held to it, at
the time ball passed by my ear. Witness d..
scends 10 the aoer, and describes his position his
1 kDees, leaning over Turner
Q. Who stood in the direction from which that ball
| cameY A. Mr.. Poole st1od in tina. direction
O. What was Turner attempting to dof was he trying
to get Of The roopS A. Az the time he abe,
! he rather weak should say that ball from
where Mr.. Poole stood at the time Turner's piston went
of Paudeen vent out and did not him there after;
Van iel ard Hyler had gone out before could not
went or Van Pet AND Linn and Pauaeen vent out; at
the time Faudeen wen out Poole standing between
mt and The door, don't know who went out after Pau
deem, because some tin elapsed
Q Where did you go2 A. At the time the ball came
me, took into the closet. (Pooles pro-
ouced can't say that these holes in the SKIRT were in
the ge Of the shot that by my @ + tied
TOD When looked out Of the ci1set Ii $3.50
the floor under Poole and Cy Shay and Jake Acasrson
standing near, aud all of them rug; Lozer sandog
at the counter; don't know thar they filing AZ
Baker, Loaer and Poole rnas ing to wards Baker up
to that time Baker had dooe nothing; the thing
Baker down, Poole top Of him, ADD Cy Shay
and Jake Acserson f"g Turner out of doors at the
time; r,coect Turner dischargpg two shots; Of
them tie first went into his arm at the time the shot
came by my ear, Cy. Shay was s,ancng Baker;
Paudeen out OF the house, when Farmer fred the
cond shot he the door pretty much all the tine
Poole had his banos in his pockS the tine be weut
into the recess he had his hands behind his back under
bis coat TAIL before that he had them IN his pantalooas
pocket at the time he the bar thought he took
something out of his breast pocket and put il in bis
his pistol and .aid Iftbats game let us have t.
Q Did You hear Turner to Poole before he (rur-
| scn Of b., are you s''' Objected to.
The court permitted the question to be put simply
Did he or did he not, hear such expression made
! me ofP'
Witness continued-At the time got into the closet
Harris Andrews and Campbell were there; Cy Harris
bad pistol ard Andrews made the remark, For Gods
sake take care there il enough firing outside' looked
out and Baker down unier Poole, and when he got
Up he made for the door Charley ozier laid hold Of hi,
coat; be got out; heard carriage start, and went
out TO tee II it was mine came IN again and Cy
shay holding Poole up and his head hanging at side
went for Doctor CHI escman, and brought him TO Sian
wx Hail. then went for po1lss brother in law; Corkey
Jack came with me; on the way up he showed me ps
chambers dscha ged; not subpn aaod before
the Coroncrs inquest; was taken by officer called
"Sodier jack and Brought TO the Coroner. aud he
asked me what knew about IT, and told hi knew
| all about 1t. Mr. Whiting ohjecteo.
Mr. Clark said he wanted TO show that thi, witness
who said that he knew all about the affair was taken BY
An officer, held all night and when he went before the
Coroner next morning he told he would be seat for
| and that he never examined.
Witness continued--Coroner Hilton asked me q few
questions, and locked mp AL night. and told
In bis Office in the morning; went there; be asked
few questions, and told him knew all about IT, he
(the Coroner said he would send for IL wanted
was not sent for.
Question by the courtExplain what you did done
when Turner said, IF that's your game let's have it,'
A. thought Poole had pulled out pistol; did not
see II.
To Mr. Cark-I saw pistol In Bakers haud when he
goug out o doors he had pistol before fozer AMI
Poole made up 10 him; did not any have hold
his hair the pretty full Of smoke and
| very hard TO see.
Mr.. Cocheron IA Juror)-was the room full OF smoke
when Baker under Poolea A. Yes; could sec the
object.
To Mr.. Cark--There was good deal OF smoke, bu.
there was not 80 much but could tell which viii n
To the Court about three feet IRON them; the
door Of the closet was open.