New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-04

-sd 10 be mad about BsrtoIf coming up to him in
~ vay: beard Poole call Morriseey an Irish son OF
n,;.h and Norrseey called Poole con of bitch; l
"a Poole eay something TO Mcguire about knivee;
s.v Baker there few inmates after came out OF
a. hack room; he was standing al the bar he took
no part in what happened heard Poole say he could
~ Noussey or that thief who was alongsde Of him;
I; Irving was alongside Of Morn 'sey then; Irving
ia his almost to stop the difficulty think both Nor
,,ssev and Poole were under the influence OF liquor;
Poeses pistol seen ed 10 be pistol do not Know
vbether Morrssey's pistol Yves loaded or not nor 90
know Who gave il to him; when left the station.
House ADVISED Poole TO go home; Moniseeys hand
vss about a. high as his head, and the pistol was
pointed more upward than yard when ne snapped
4: he was talking all the time, aud he was taking no
aim; il the pistol had gone of 1t would have been
likely 10 hit somebody; think Jsneway was between
MorYissey o pistol and Poole.
Dy Putnam swom-I found Poole on the morning
Of m. 18Th of February lying with all his clothes on,
ON the counter; took off his overcost opened the
vest ard shirt and found apparently bullet hole IN
h;s heart the shirt aid vest and under shirt kere pro-
daced are the ones he had on; sent for Dr. Cheese
mar. thinking there was danger of his dying i'm ned
atey; the bullet went through the vest from 10 down.
think as the hole in tue lapel does not correspond
with that in the BODY OF the vest; was present a. the
post motem examination; the bal entered between
the fifth and sixth ribs, near where they jon to
the sernum and then went directly throug b
and lodged in the heart; there was no
other cspse adequate to produce death, except
this Inc butI0 WtJt Two
the exit and entrance of tue bullet, about an inch
above the right knee it passed trsnsversely
the leg; the cut in the pantaloons Yves made by me-
cannot tell which way the ball entered AM made its
exit; after sewing the wound In the breast asked If
there were any pisto in the pockes; should think
bullet was fred through the skirts OF the coat that
the elk would burn first because Of its proximity to
cotton wool will not burn easy; this hole In the
corner of the skirt OF the coat think made by its
falling in the Goals of furnace do not suppose any
body can tell whether The bullets were fired from the
insoe or the outside OF the cost; Poole dIed Twelve
DAYS after be was wounded was with him about
twenty minutes before be died he vas conscious tina;
be vss going to die, and expressed bis willingness to
die; Sc asked me If he could
Mr. Brady said he should objec; to any and every
declatstion Of Poole's in this matter.
Wisness-I supposed Poole would die IN few min
utes, tnd told him SO; he then said, " believe "a
sSIiBH BRADY .sid he would admit that Poole was con-
scious of the fact hat he was about 10 Die and be
Heved that he was dying. He objected, however, to
the introduction Of Poole's statements.
Tht Court oveuuled the objection.
Wbness-I asked Poole if he knew who killed him,
and lie then told what he bad repeatedly told me be-
fore. ash ed him if he knew who killed him. and he
said YES that Baker sho him; he said TO me that be
laid with bis back the floor, and that great many
shots we're fred about him, and that 1t appeared to
him as if q persOn had taken handful OF corn and
THROWN il about him, the shots came thick; asked
him low he knew Baker shot him; he said Baker vas
risbt bger him with the pistol pointed to his heart he
rsid lie did lot FIRE pistol that night-that he had his
pstoSn his pocket
O. ibid be give you any reason for not friogl
objected to. Admitted by he Court
A. He said be was afraid to fire, as he knew they
came there 10 murder him. This last statement Was
ruled out by the Court
Crotsexamined--I am not very e1eert at pistol
shooting; know nothing about it; Poole was s very
ful-chestsd man, and when the vest was 1t w0ulu
make half inch difference in the proximity Of the
bullet boes in the lapel and body Of the vest; the
sbot through the knee would cause him TO fall one
way or the other; think that the bullet which went
into the took piece of the vest into the heat;
am under the impression that pulled the Overcoat
off from the fire. and it occurred TO me that the hole
in the of the coat was caused by the fres there
were good many persons present. vixen Poole LAID on
the counter, Poole told me he was lying on his back,
and the shots were flying thick around him that IL
reminded him of throwing corn from PERSONS hand;
he did not say that some of his friends were firing
nlto he sal when came at him he put his hands up
and said for Gods sake if they we're going TO kill him
10 do IL quick this said before the last interview
had with him. just before his death; all that ne said
on that interview was that what he had previously
stated as true, and that he waited me TO fine the
bullet; he said sso then that he did not blame sker
no much as he did Morriasey and Irving; about the
last words said 10 Poole was, dig you or did you not
FIRE pistol that hight and he said In reply that he did
not.
ten exauiD alton on the body OF Poole am Professor
OF Surgery 10 the New f@k hedlcaI Coiiege. lNH-
pess Lere read the minutes taken on the Postm
exsmnation) TIE course ofthe bullet, which entered
the ehest sanied from rigb. TO left If any inclination
il was sghtIy downward, but 1t was hardly sppFecla
HE The teart had nearly healed the ball so that
il was not visible TO the sight, where the TISSUES are
rot vital az in the of tbs coat, 1t is dhhcqt TO
SPEAK of the effect of bullet upon themi c0ud NOT
exonss an opinion whether the bullets which msde
thee holes were fired from the inside or outside OF this
coat.
Cross exsmined-The same wound could be made
the parties were In the same relative position Poole
was man Of unusual physical development and capa-
HE of feats of strength and agility the pistol must have
been ear to Pooles breast when ii wss fred think
that the tistol which shot the knee could not have
been nearer than two feet.
Q.-Assuming that the lining of the coat has been
burned could pistol ball fired from the outside have
Get fire to the lining. A.-The fire could no. have
passed through the inside when it was not apparently
burned outside.
The counsel for the prosecution announced that
with the exception Of certain documentary evidence
they should rest the case for the State.
The Court then adjourned TO Tuesday.
UNITED Stalls CIRCUIT CoURr-DEc. S-BefoFe judge
hGERsoLL.
CHARGE MURDER AT SEA.