The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-02

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Csar OF Oyer and Termincr, Newburg,
Orange County.
TRIAL OF LOUIS BAKER FOR THE HOMICIDE or WIN.
PooLE-THE CASE CLOSED FOR THE PROSECUTION
WITH ,HE EXEMPTION OF ONE WITNESS.
Before Hon. Judge Peabody, OF New York.
Disc. l-The People % LOUIS Baker The court was
There . very limited attendance comparison with
the number OF spectators who present the trial
last week There were not than hundred per.
sons altogether Including the Witnesses Of whom there
were eight or nine.
The nrst witness sworn was Captain rurnoull OF the
Eighth ward police. The OBJECT OF the prosecution a.
stated by the District Attorney, Mr. Hail. was 70 prove
By Captain Turnbui inc flight OF the accused, ana INC
Intellectual search that had been made for him
This objected 70 by Mr. Brady, on the ground that
the sos Of Baker subsequent to the ARRAY, were nad
M Hal conlended that il perfectly competent
prove his light nghi was 70 certain extent regard
ed a an ndcanon of ulL
The Court ~ led that the evidence was ADVISABLE.
The witness then tesnned - ioLows-Aiter hearing Of
type,s ara inquired for Baker | found there Turner,
Mclaughlin ana Paudeep; made search Tor Baker with
me assistance OF my men but could NOS md him. knew
Baker before that q policeman; he had been pouce
officer under my command ne ceased 10 be poi seman
under my CON mand, about three weeks before the
ARRAY be resigned; arrived Johnny Lyngs about one
O'Clock detained about three minutes; remained
there abe three quarters Of an hour did not no Baker
there
Gross examned-when went to Mr. Lyngs found
about thirty there; saw Turner there; Or. Clarke
dressing his wounds; had 10 leave him tnere the doc
Tor said could not remove him. ne renamed there about
forty eight hours, when ne was taken into closer Gus
tody.
Tho tesiin ony OF Francis Merrill who was examined
ct the former trial, o. consent Of both parties read
from the report OF that trial TO toe effect that on
the ngh. OF the aray be asd conveyeda 10 bis bare
head ana wouncec (supposed but not ioentined to be
Bakery In carriage nom BAriow's, on the corner Of
Prince street ana Broadway 10 Johany Lyngs in Canal
street
John wldey testified THAI he saw Baker on the morn
Ing after the ARRAY and an account OF his tgnt 70
different parts Of ,he clya OF which ns already been
DR.. Freoerick Putnam the physician who attended
Poole to the time Of his DEATH testified regard hu
condition Gter the ARRAY and ihe Of bis death
Charles n yAndervoort sworn testified q follows IL
live In New York; in the early part oil
Baker in January OF s56; 10 pclcemau, believe
he handed me paper Ia the later part Of January,
ing WAS his resgnatoD, and asking If wished " copy
it, ne asked me II the ooard OF Police Comms sioners had
taken any action upon his igDaon Anc said believed
not tpis from two 10 weeks before tue Array
aanwlx Ball; asked him Of MS resignation
and he was because Of q difficulty be nad with Mr.
Hyor and that he hac preferred charges against him
befoze the Police Commssioners ne mentioned Turner
Poole and others with whom he had the difficulty; he
showed pistoi which he carried in his breast pocket
and said ne prepared II they crossed his path
70 have satisfaction he qualified by saying that ne had
been attacked by party he sai that Mr. Turner was
desperate man Ano h40 just returned from California.
Gross examined-h bak knew l WAS o reporter,
the conversation q public room; when went Ia,
Sergeant Bell was there all tnat were In It were anout
le0ing the room; made my frs. acquaintance WITH
Baker IN the capacity Of reporter knew Eyer by sight
I did not know Poole personally lhink asxet him
might copy bis resignation he told VI the difficulty
he had with Hyer ana Poole, q Dick Piatt's saloon
q. Dan GU tell any remark ne made In which Pooles
rame ocourredf A. he mentioned him ~ friend OF
Tom Hyers-said they travelled he said this party had
attacked him at the Gem, and be had to 70 armed
can't cay tnst he mentioned Johnson he said tia,
.sked somebody's advice rs TO his right 70 90 armed %
defeuo himself, bat GO not know wao wAs said on
the former trial tDst odn't think Baker was serious
thai be intended 20 commit murder wasn't foolish
enough TO let any one know mis- nsentien.
William f. Allen sworn testified that he Baker
the night OF the ARRAY that h liei upon HIM, and
quested him aud Turner ana others 70 up to Stan six
Hal, "a Mcrnssey sH up there aud was likely 10 get
into . difficulty ana he ~sated keep him OF il.
On the cross examination o. this witness Mr.. Brady
" 70 sve oy nm rom sne
that there ,ouA alton conspiracy 20 com init
murder This was objected - by the District Attorney,
was ipadmssioe, the prosecution DOT having asserted
that they had met for sucn pupoee Dut was iatsnded
10 show The association meeting OF tn parties pre-
vious their siff SaD~ix Hail iaetr that night
Mr. Bray In reply, argued that the deieaco nsd le-
gal right . 'now that ins object OF that meeting vas not
OF the Character which ht De inferred IL slow
ed to remain unexps aea by statement OF the CONVEX
cation when icos place 81 n.
The Court admitted vi evidence, sod the witness pro-
ceeded follossTbes scfe ialyg about the nrss af
tray, and cersrrrs Baker because hs would not give
pistol Ia BIO, rissey. Oeiec "a 10 By pro.eculion.
Mr. Brady-WeIl. you 0aa It Al 10 Ia tue trial Ia New
York but you burned your aoger thea and you want 70
keep Il out now.
The Court admitted the evidence.
Q. What aid Baker ssy 10 thai OBI cted 70 and ruled
out
wltneu-I think Hyler asked horrissey to 20 homo
with him korrrsey said he gave bis word
20 the oilce that he Eoad 70 bark Sianwix "a
thai ghi Hylsr askeo 3axcr aud Turner - 20 hone
vkih Elm H. Ter vas Afraid 20 home alone a. they
had been abusing bis VT, and he didn't ike 20 20 home
alone. NJ '1hey lie meant the folks 10 Stsusix Hal
think Cunningham TOOK Iorrissey home, Hyler went
oct, Dot positive whether they vent alone not;
they al went ost IN the course Of tn minutes
Thorss Bxton, sxorn tesGhsd n fotlors:-l reside
In New YORK, an police osiccr kuo~ Of . vessel
named ihe Isabella Jsstu she sailed from Ses Yorx
shout the lob o. Marcn
the witness r,ade statement regard 10 the fight OF
Baker 70 the Canary Iees 10 the Jexe and his recap
turc By the GrsPshoI ~itn all OF which the pubic
already familiar,
Peter BArlors 80, noay, given the frst trial,
read, with the copsetl n tho prosecuiion defence
Al the conclusion Of this testimony Mr. Hall said that
there wm but one witness, named john Barry 20
examine and mai he bsd lssued attachment tor him
AS nc not 10 Corrt. and would not be- pernspr for
oays ne asked t1e privilege OF ex4min
Ing him when he should n,iye
he Court adjourned nj tns stage Of the case.