New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-01

TRIAL OF LEW. BAKER FOR TIE MURDER OF
WILLIAM POOLE.
COURT OF OYER AND TERMEER-Beiors tbs HOG.
Judge RoOsEvELT.
FOURTH DAY .....FRIDAY, Nov. 90
TIE Cont met at II O'Clock previous to which the
Jury vi-iied he Revere House, cate Stan gix Ha in
Broadway, above Prince street, the scene Of the
tragedy Oh the oath February, in order to give them
better pude standing Of the evidence elected 10 the
tisl TIE Courtroom ss usual, was crowded with
speotst rs.
The examica.ion Of Cyrus Shay witness on the
stand when the Court adjourned on Wednesday, WAS
proceeded with. The following additional evidence
was eicited:
I was at Stanwi1 Hall between AMI o'clock in
the evening OF the ARRAY Baker was then there;
Poole had been ava between o'clock and the time
of the fatal Iffsy; 10 tad been to the Eighth Ward
Station house; csnnot whether Baker had gone
WREN he went away; l went to the staton-house With
Poole; cannot cay how long we were absent; wens
back then 10 station. house; Baker was nos there n
our returr-at least | Gic not soc him; Poole AID
Baker both present on the frat occas'lo between
and o'clock we 1tI.Ded 10 S.iDwX Hal To tell
Mr. Dean that it was not his (Pooe's FAULT that the
digurbaI ce had occurred with Morrissey; i tried TO
keep him from going back.
Cross exaniD ation-Oean think was at the Eighth
Ward Station II House; Poole asked Dsau there If 1t
Vas his fault and Dean said no; Dean went back 10
Stan xix Hall viii us; for about year before tins
afIray had not benin any business; Morri.sey was
st Stanwix Hall during the first afrsy; don't t1iuk
be was present a. The second aiIiay; Turner, Baker
and Psugeue fred pistols in the second affray; one
other person whom knew fired pi-Ol, that was MYSELF
fred four times, think; do sOt know whether u
Yves my own ps'oi or not; have pisol, aud think
it was DiIe fired; 1t went Off t'iDk 1t was ioa1ed
with powder and bullet / cannot cay when loaded
il: il may have been loaded tVO months meantime
the charges had not been withdrawn had carried it,
| think, be weeD two and three months, ever since
Morrlsey had III catered me in Mercer stree, think
had Matt L a mot II. Il
reooleot of had the pistol with me between 'ad
O'Clock Officer Rue went W IN me there rom Pooe $
house; thirk there vas some ols eae with ds, ous
cam OF cay pcstvey; lrg, oil may have been win u'i
he may have had pistol but do rot know; | may
have got pistol from him; l only had one pls;ol; II
| bad hsd more I weuld have used them; do lot
think that Poole fired toward Baker after ne CON-
melced staggering l was so busllS engaged win
Turner that could not whether Poole hired through
the skirts Of biz cost when Poole commenc I'd to stag
ger he vac between the wssbsand and the oysteroo1
be staggered TO ward the south wall tnlDk wren ne
began 10 stsgger be standing near me norIn "a
should judge he staggered WIN n' e,s s,iy ~ a
the south wall; the moment that the piston "eh' on ms
dropped biz hand BY his side dld not zee d nAIus
al the lime. -.
@. Was Poole then firing through the flap of his
coat A. think not; 10 the best OF my hhowledgs
be did not fire that Light; do no. know mar ne cld
rot fre Corkey Jack picked up the pistol DIG no.
know who took it away saw Lozler make grao 81
Baker.
Q Did you no tel Mitchell, the barkeeper, what
testimony he sfould give on gong before the OorohSl
Jury A. might have oote so:
Q. Did you not tell him that If he was ASKED VINO
seized Baker not TO tell it, ldo MOI Know "nstne,
l did or no; donot know whether olu OF ulu nos
arrange with the Coroner Whist suouo
be put to Mchell ! might have told t1e Co'onef
wb6; questions 10 ask. r..
O. bio You NOT tel Mitchell TO suppress the iects
cor cernirg the seizure Of Baker by Lozle;! A. 90
not remember that did or did not canhot soy
whether any BODY el.e took hold o BAKER, may nave
doKe so; struck Baker; 1 do no: Know wheAsr
Lozer or Ackerson old did not hold hi by the hair;
l co lot know where | hit Bsser; Il may nave oee1
around bis head; stood be- ind HIN az the time
track him; be was on Poole al the Time Dakef may
have been on his eide when wen, 10 iur2er'
struck Baker fret before l went to Turner may
have been absent with Turner halt minute before
came back to Baker; think knocked BAKER iit le
on ore SIDE when struck hn; he may nave Ecu ron
his knee on bis side; be vas on foOis waen sIu
him; did lot observe Poles hanbs men rOoF1
bar DIS may have been in Bakers mou b. cannon teli
guess Poole vas scfaboliDg Of the time; Poole wien
he STAGGERED, took hold OF Bakers wrist when foIe
caught hold Of Bakers wrist Baker vas Close oy the
grsen baize door, within q foot or 100. ana MAJ
from it; think after they got on 'nS nu'i
/ think Poole caoght hold OF Baker h'st; Poole haq
his hold when they FELL it was about that hme "nen
struck Baker; Baker may have been sruEging 20 ge'
up them l do not know that any oooy Hss uym5 W
hold him down. caDno: ssy whtre ha,ils % Tug ;i
they were falling; do not koow TIA, tIlsi 70 noia
Rake down; | do rot think cav Harris snap his
pistol; Jacob Ackerson l think, WIS then JUS! De-
yopd Tur1 er; struck Baker about the san tune
ihs. Baker fired; it might bsve been oeiors, % II
was so quick cannot tell; rred Iour suo,s sier
I Rad struck Baker; heard some one say Shoot,
~ ard tbirkin was meant, drew my pis'ol and
con mepctd shooting; fred at Turner, a. Paugene
Q. You hi, him, did you not A. think did;