The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-13

he could; Poole backed up 70 the wash stsr,
with the pistol stil in his hand the sed Vol
rissey up to the wall the opposite side OF ,e roox
officer Hogan then jumped in 70 stop the aii-.y whc
he had his scarf torn from his neck aud he said 'wha
Is THIS done ferp ohcer Kuo then tried 70 stop, tn
disturbance when jumped in TO stop the distu
,he muzze OF Pooles pistol struck the shosader
murder the man in cold blood Poole then Jumped or
top Of the wash stand, and from he got on the bsr
and here be evelled the pistol at Morrssey again.
o Did he snap his pistol. A. did not see IT, nor df
near ~ snapped; he merely pointed u At Morrissey
by Juror Did you NOT visit Poole at his residence
after ne was shot, and did he there accuse you OF
being the whols cause OF the afir A. Pdd not visit
him at his residence
Witness In continuation poe,e then um mred down OF
the counter, called Morrissey an Irish bastard "rish
ION Of b-n," and asked him ne was one OF those
who were going to Texas Morrss,y the other hand
called Poole coward" Poole then called him an
Irish sonot a b-h." Then Mark Mcguire said 10 Poole
.sit IAN lrsman was as good as anybody else =. long
Mr Mcguire gave him the lie back When Poole asked
HIM he wanted to fight Mcguire said he would asht
carving lnfe and iad Sow you soS ssusat o
Give him another one" Mr. Mcguire said aYou
ss toe and asdsss Of me g
holding the knife in his hand, said "I have got the
best Of you and | win Keep it." Then Mcguire
you are 80 kind to my brother Jerry Haley who was
present laughed at tins remark and said chats
way to get out OF it" then turned around, and
think saw man handing Morrissey pistol previous
to that heard Morissey saying that he only had
towards Poole when and cp Is~ and s
Deem caught hold of him by the neck orrissy showed
Deem and Lewis away from him, shocking Mr.. Deems
hat off the latter stopped down to pick his hat up
while had hold Of Morrissey by the collar Poole having
his pistol presented at Morrissey got out Of the way
his pistol when Poole took down bis pistol and putting
II in his breast, stood looking at Monissey
Did Morrissey snap his pistolS A. did not him
Q. Did Poole snap his weapon A. No.
O. Well, what happenedY A. The minute saw that
Poole had put his pistol away went up to Morrssey,
who stll had his weapon pointed at Poole and said,
.You d"d fool what are you DOING at the sam,
time catching him by the collar; Morrissey replied,
He is trying to kill me The police then rushed aud
all the crowd seemed to gather around Morrssey
them officer Hogan then took Poole into custody when
Rus coming In told Id, Morri.sey to 60 along with him
him that he had been arTesd % Mo1rs.sy then .ss sG
"very well, am willing to be taken away"
Q Did you ever hear @ Morrissey or any other party
threaten to take the lite OF PooeY A. did not;
occasion wien Poole and his party threatened to whip
me and told Merrsssy Of IT. saying wanted fair play,
best to prevent them" that Is all the threats ever
heard Morrissey make against Poole.
., Did you ever hear any one threaten the life of
Did YOU ever hear any Of late threaten to whip
q. by Juror-Hd you not go to stanwix Hall on
Sunday morning to see Pooies A. On Sunday morning,
while was at my residence some called at my
houfe and asked me II would not 20 bail for Mr. HYDE
who had BEEN arrested for gambling in Third avenue
we came down TO the Tombs, and there wsnt BAH for
him and two Of his friends on my way mp Broadway
went Broadway and the blood upon the side walk
felt sorry at what heard; then went and had
breakfast at Forence's; my return to stanwx Hall
went into the room where Poole lying. Hyer was
there, well ~ the cocior who attended him up
bed and said You Of those murdering sons OF
b-sW lrepied that did come there with any fear
that II was out Of good feeling there Poole
said, will take you one Of these days. when re-
piled 81 hope will get weIl,p then left the place
BY Juror-Q Was Baker In the at the arst fra.
easf A. He was sitting in chair, but he was not say
3. DO you knew where Baker is or where he went TO.
after the occurrence A. do not know any thing about
@ Was Rue robers A. lie hal been drinking but he
was fit to do his business.
.. How did you know that Morrissey had nis.n,, /,
A. Because he told ms he had none.
to pf Hs .o % ss afy Say e %
O. Did you hear Baker say sor A. did not see Baker
O. How did YOU know that Morrissey was in stanwix
Hall the other night A. man told ms that be was
in there when entered at first, did not him, and
Of Morrissey being present when he excaimed-tI
never assaulted any man in my life, without provosa
ton.'
Michael Cunning ham being duly sworn, deposed that
he resided at No. Il Lpcnard street know nothing OF
tie mussi whis was drinking in the Belle Mirror in
Leonard street. some came in and said that Morris
sey had difficulty with Poole In Broadway then got
up and asked this young man where Morrssey was he
told me he was In Broadway some where and started
up Broadway 10 see II | could find him.
O. What time was this A. About ten o'clock when
down 10 the corner OF Canal street. walking with
other gentlemen
O. Who Was with himY A. oaicer Rue Charley Van
Pelt. and, think PaugeDe, but not positive 10
the latter being In the company went 10 Mcrrissey
and asked him 10 come home, when he looked around
at me AMI said, II viii as quick as ] go up here aud
take drink,H went up 70 Johnny Lyng's place,
and Gorrissey called for a bottle Of wine.
a. Was PaugeDe there Them A. can't swear that he
O. Was Turner thersS A. He was; he appeared in
few minutes after came In.
q Was Baker there! a. He was
O Was he in company with Turner. A. don't know;
he was there along with all the rest
O. Was Cornelius Linn therer A. did not see him, but
be might have been there.
O. Was Iiyler there, A. He was
Q. What time thsf A. About 10 O'Clock.
q What was saidy A did not listen much; but the
conversation appeared 10 be reference 10 the difficulty
that occurred at stanwx Hall did not hear enough Of
the talk 10 form any idea OF whatwas going on.
Q. Who appeared TO be talking the most A. Hyler
but he appeared be talking all about match that he
had made on Norrissey in PHILADELPHIA.
Q wba. Kind OF match ed he say Il vas2 A.
can't say whether !. wasa lighting match or running
Q. Was Baker there whtn you arst went ini can't
q Did h. 90 in along with youY A. / cantsay.
O Was Turner in there when you first went ini A.
BY . Juror-bo you know him' A. I do.
q. Was Hyler there when you frat went in2 A.
can't cay that saw any one except Morrssey when 1
first went but when got In, and when they stepped up
70 drink, then saw all these men.
O Have you heard any one OF these persons threaten
the life Of Pooley A. did not after they had got
through drinking, Mr. Morissey and wen. 10 go no ne
when be said might well stop at Mr. Aliens, No.
co spsnsrd street here entered alone, and Morrssey
called for bottle OF wine par, Of which be drank;
did not drink Morrissey treated the party; then
started 10 90 home, when he insisted going into
Iyrgs again 20 have another drink, and he promised
soon a. he got that drink he would 20 home we vent
into Iypg's again and after getting drink in there
started and vent home; pat him 70 bed he seemed In
toricated at this time.
q while you were at Lyng's, who aid you seer A. /
can't tell who there; did not take particular no
tiee Of anybody
q Wa, Baker therss A. cIi no. sec him; all my al
tcnton directed 70 Morrissey trying 10 get
him home, and that was as much little fellow Ike
could do; We vent a. far as Leonard street, and
thence the Belle Union and there took drink again
We there met Mr. Miner, bot Of the party In ques
tic n we crank there two three times too Morris
rey from there home and put him 10 bed, and stAid
with him until be 80, asleep IL vas one O'Clock before
| left him.