The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-10

club WITH both nv hands and Holmes 70 let It
go, which he did turned back to 60 70 the assistance
not there We went to the side walk and uhsn Tier. NJ
O'0anaghan began abusing ms; oCsllashan was one OF
CHAN abusing me put my hand TO OCasghan's breast
and told him to 60 home; he fen more from In
to sss ,p'n and sossa hm
the street and arrested him. Gouray assisted me to take
him to the station house think It necessary to
place about block distant; Callaghan was drunk
and disordery; he did not resist: he could walk
esn minutes we we're about Eve minutes IL the sta
ton house, and returned Immediately at aqulck pace to
@ What did You find when you got back2 A. Holmes
was standing in the street; there was crowd in the
han way and few people ON the sidewalk; Gourlay ap
in take you away" or something to that effect Holmes
said to us, IA pretty lot OF suckers you are similar
words; the deceased then approached and arrested
said I" you have arrested my prisoner Pll
IN take you in" Gourey said this after Holmes had
quick jostle; was six feet from them; Mr..
Mr. Holmes and Gourlay were facing each other they
josted to the wall on the opposite side followed up as
deceased when did this in order to meet Holmes (or
they jostlng at the tme Holmes quickly left the
esassa tn. iattsrs left side and stood be-
hind his bask the moment he did this deceased wheeled
TO me-, NIKE, he stabbed me, Pm DYING the Diseased
then fell on the iron ratings.
Q Did you see anything IN Holmes hand At thas
Q. What was next done2 A. / extended my left foot
raised my club, and struck Holmes three blows
quickly in succession; he immediately fell Gourlay
was then on the pavement, near him, gro.ning;
then made grasp to catch the knife but did MT sue
sss Il saad ssss for
turned to what he had to say thinking he was dying
before turned my head back Holmes drew the knife
then ran into his own house, deceased told take
care of his little Bully (his boy from the time we came
did not blow struck; am perfectly that up
to that time had not struck Holmes; Holmes was not
to It, 5 be-
had his coat them osted against the hat STAND as
went in, and when recovered judged Holmes had
further wen: out to the street again, BY which time
three or four of our officers came up; Gourlay was
tern, and with officers Ryan and Collins returned to
Holmes room and found him there he was
lying an the floor in his front room he was
Bleeding from the head; his coat of; don't know
where struck him searched for the knife but did not
find it, it has never been found, to my knowledge;
eight inches long judge this from the in which
dad held it in my hand; heard Holmes ask for PEN
ink ard paper Holmes was as taken to the Trinity place
ten to fifteen minutes past IL O'clock next saw Gour
lay in the hospital where he sent the same night
until halt past ten the Sunday following; with him
at quarter to eight the morning he died; he had his
@ Was there any Conversation between you as TO his
ccnoitions A. Yes.
Mr. Phillips asked the counsel what he intended to
Mr. Beebe intended to prove that Gourlay believed
himself dying that while under this impression the wit
aked him whether he had struck Holmes before he
was stabbed, and that he had answered, emo"
Mr. Phillips objected to any evidence Of such CONVEX.
saton between the witness and the deceased. Dying
declarations, he said, can only be given in evidence
WHEN the Court Is satisfied that they made in erre
mas, with full sense Of impending death The Court
of death not from the evidence Of one who has
eeeu the transaction, but from the evidence Of
ters why did this witness interrogats Gouray at all
Because he felt conscious that blow had been struck
Dying are always received With great eau
sbe Of approaching dissolution they cannot be received
almost constantly with Gouray after his removal to the
hospital, and that he had but one idea-shat he must
de. He believed the witness ~ sufficiently competent
10 give evidence Of this as doctor, nurse or min
lister would be.
Mr.. Whiting commended that before any evidence Of
this conversation could be given must be proved that
the person making the declaration made II with the
knowledge that he was about to die. On this point,
them the witness must be first Intercepted aud the
for the defence bad right examine on
it before the case proceeded any further.
parties seemed 70 agree to this proposition, and
To Mr.. Bsebe-witness-I asked the deceased the
morning in question: how he felt; he said he felt bad
told him to take courage and he might recover hs
swered no-tbat he could not live.
Q How much time did you spend with him from the
paid him two visits on saturday, one for about quarter
Of an hour, and Saturday night was with him
couple of hours staid with him about fifteen minutes
Sunday morning; he appeared weak; had o aly
conversation with him to his dying or living; this
on the Sunday morning about two hours and half
before his death.
Cross examined on this point by Mr.. whiting-witnsss
There was no one present at the conversation be-
sweeping the ROOM don't believe she heard what was
said he did not speak loud do he did not say
when he thought he would die all that was spoken on
the occasion, that he eaid che going to de-"
and told him Ito take courage he was always alone
Mr.. Whiting sim insisted that the counsel for the
prosecution had not laid proper foundation for intro
such declaration should not only be under the i'm.
preston that he muAt die but that he going to die
tIom the wounds he received. There must be no nger
such is to introduce the physician to show the
eonciion Of the party, both bodily and mentally The
learned counsel quoted several from Roscoes Grim
told by the physician that his recovery was
just possible, and he replied ~ satisfied his deca
ration held inadmssibe declaration in orticuio
norris In another case where q witness told party
TO take courage, and he answercd, shall die, his
declaration was also held TO be nadmissible because II
not that b: he sGn e s o
tended therefore, that the Court must be satisfied that
thsre no lingering hope entertained by Gourlay Of
conversation in question. This, he maintained, had
M Beebs said that the only question for the Court to
cannot live he spoke with honest belief that his
days numbered. Was bis situation such to in
ard expiring two hours afterwards
The Court reserved its decision this question until
the next morning, and adjourned until that time.
Court OF Oyer and Terminer.
Hon. Judge p. Cowles, presiding.
7HE rooIE MURpER-THE MOTION TO ouAsH THE