The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-28

a uHt OF Oyer ana Termsncr, Newburg,
County.

Court OF Oyer and Termincr, Nesvburg,
Orange County.
TRIAL OF LOUIS BAHER PoR THE HOMICIDE or wM.
PooLE-aEsTfM0sY OF JAMES AcKESaAs, CsRNE-
LIus CAMPBELL AND CYRUS suaY.
Before Bon. Judge r~bOdy. d New York,
Nov. 2T- fks PscTls Eouts Baker -yhe Court me,
NJ o'clock ye,ierdaysmcrni0g. 1hsre 20 large
an audience on the preceding day aad the inisres
appeared 10 have considerably ahstei ras ass witness
examined was James Alderman who WAS on tho staad
when Court adjourned Wednesday evening. HIS
testimony was confined almost exc u lively TO a dsscrip
lion Of the ARRAY nj 5taawx Hail. and presented
teral points OF difference from that OF the Witnesses who
already tosnasd. There were, however, some aadtona
Circumstances elected during his cross examination by
Mr. Brady, aad which ia substance as follows -
The room full or smoke during the driug but
could pretty distinctly WAS frightened wnen saw
Trrt cling that pistol round his head; ser that was
quite cool; d. int tDnk any OF them aai aay animosy
asa didns feel AFRAID DO aaSe they were going
to shoot Poole saw Cy shay taking to Poole but did
Do YOU mean 10 say tina, none Of Bt Pooe's friends
iIteff, red 10 save hmS A. | did not &c, hem
O. They stood cutie sun ana "a" OIL nv =. Iney
fired The that In sne counter IN the door or In
tho walls; was keeping my eyes mostly in one corner,
IMT. Brady exk lifted diagram OF the ROOM but tbs
COT la not tel from what part Of the balls came
wbeie the persons were standing who rred them
ker; during thai aray Loxier was sno, IN
the heed raw that &c shot the leg directly aser
they all got out; Cidnt b,ed Baker after he
went out; be IVES barehea4e5; c6ucnt say whether
be bad oyercoat on whom he oa.; heard Lozer
say during that say, sLozy's mpttors cooked Ly IN
and Van Pelt both out before the 6rng didn't see
Turner do any thing to Poole exoep; fre 1t lin
O. Between Turner's firing the nrst and his friag
tie secord did yCu hear any report OF a pstols A
o 10 YOU remember that on tbs trial ia New York
you cid hear them but don't recolect who dted themS
A. con't rerolcct; there were about seven eight;
thsse aho.s were h,ed qsickly after es3a o,aer
Q DiG yol any take hold Il Baker thai nghlg
A. ctuldnl say positively.
3kFF n IA Of HaAH a "a
thought rny brother made CAB cF ha as he was going
O Did you zee any pistol fall out of Pooles pocket
when he the door A ! could 40. say posi-
lively that did but think dit; TIA, after every
ont OF me house, IL ly3g right by door
oian't see wHat berame Of IL I don't thirS said, oa
ths former trial. hatn Poole was IN Stan Hill would
Try snt get hlm o 30 home because there had been
mugs there c5ud say that Poole IS either drunk
or tober; crauk wine with bin; Rad been in stanwx
Hall TREE quarters % an hoer, hour when Baker
IN Poole an5 his friends drinking and taking;
oouidnt tag positively whether saw BAKER drink after
he cane in Pandeen sad to Po3a. .Yol black muzzed
sen cfa b--b you arc here you p
q What words did you pat into Pauieen's mouth a.
Fane-"Ycu black uuzzled GOD o: b-h," or what
are you looking at you ei,.k muzz,ed son Of b-hip
black nnuZZied son CT b-h was in Il.
DO you re;olect having saio, "Yos are here, are
your A link IL was. "Weat are you looking si;'
il eber or the other; can't positively when
fir,t say Baker with his pistol ne rtooi In front OF
Shay and Poole
O. "a you at tie trial Nav York that you
pistol 10 Bakers hand before Poole fell on the DOT
A. I dcnt recollect
Did YOU sw ear New York 90 the effect that when
Turner HIng the floor Poole stood back in tie
cess, between the counter ana oyster boxS think
o. Well, did he9 A He did
Q How far bacls A. Wei, PRETTY near the wall; he
s rneS tse
d Were was Poole whsn turne, ed the third shotS
A. He TIE 1oor think II the second shot OF
Turner'S that bit fooo In tbs knee Ioosng al Poole
wh.n the stot nred when hs red the secood
E0 Rtp In uUrhS 1lrt
lying partly nn let aide; coot think be resting
the Lett ann his fee, towards the opposite aide
Of The rcc hts feet We're IN taa direction towards Broad
way, snd from the sail opposite the counter
q DAD you hear Poole gay he could ship any man for
$5ots A. heard some mention shout $780, doa't
think him take any money oat o. his pocket saw
Dean GO cut OF the hocse don't thnk he gons
Minute Baker standing IN front Of Shay and Poole
At that Inn Turner bad nrcd before Dean ou.
nc did net TIRE before Dean came bacs doni thns Baker
lime with bis bak 10 the coun,er; heard two sho.s a.
ter Baker ! I'D gre oct
ner Van ret Hyler, Lying or Paudeen inside Of sssnwx
HsN A. Yes.
Q wfea Of ,hems A. think Turner was there
O. Did Turner gel before Baker dred At Poo!e7 A.
o Wa more Iran one shot fred inside OF stsnxix
Hal aor Poole fell en- the aoorS think Turner a,ed
In ttat direction ! an pretty sure Of that
lively can't recolec, whether heard than two
sho,s ia stsrwix Hall alter Poole fell on the door.
O. Ind ytu sse o, harris puI or hro#a PISTOL 70
o Or en- The eating counter A. did not did not
see mere than one pistol In sAnwix Hall ater Baker
went ont
Jsoeo Atkeiscn, brother of the former witness, was
next placed upon the siand but his testimony did not
vary materially from his b, others
Oorusius Campbell sworn, testihei as toiiows:-t Was
~ Law Baker and bis party come In iaudeen was the
lsti man Ia; Turner ahead Mr.. Baker next Charles
oE.t ts Fassesn 'H S.ss the "a xsssa pas.
Poole then turning round said rs II there you are
you black nuz1led son o. b-hf you are pretty
ppnla FnfA ssk zen
NJ Mr. Dean refreshed my memory yesterday; Shay
said to him; 'DoIr mna him, Bin Pauceea sps' 10
The Court hero took recess Ill 2 o'clock, and
asscmbl Bg tho witness vas cross examined BY MI.
Braey Hs,ea,lmony altogether was mainly eorrooora
Traucs sIoCabe Was sworn but bis testimony present
CYRUS shay sworn tstiaed a. f5,loxsf reside q, Is
vack street New York city have resided there forty
they are about an eighth Of mile apart went 70 San
wiz Hal Alone and remained there III half past three
~ eSf S el Ssy eoaue
whero Poole stood when Bakers party csme IN thnk
Baker asked al % take drink Pauaecn ssd 70 fose,
"hs Iherc you are you black muIzied sou q b-h,'
Poole laughed NJ him. Turner saad, tnnxr 70 rooe
P.adeen was drunk not 70 isae any aocs .. al
hold OF him end said You are TIE hsa ng American son
abh,n s5d sps, in hs face three tines Poole erose
away from him; Pooo passed rome rmsrks, AMI told
him 10 k. eth; pointed - pistoi and said them
things hex you; Bauer was SIX or eight Zee, from
Poole; think Baker bad pistol IN bis hand but Won
be posiiive Know Mr. Turner bad, for say u undsr
has cloak Tuner ssi, "Let Us sail In any how" and
cred on his pistol, shooting himself in the arm;
think I'm naiaxen sbout Ms, Baker having pstoi in
his hand Turner fell ser shooting himself and while ~
ing the door bis lefl sido hrtd bis pistol 81 Mr..
Poo Pooe staggered towards Baker when the second
shot wss arsd; hirk they had words together
Poole stsggorei towards him they caught bod OF each
ohs they beth fell down. when Poo fell under; ct
thai me Bssers Teicl tie pistol polnted 70
Mr. Pooles breast thiDk Bal e. said pake you any
how the friDg ccmncnced pretty Lively, and some Of
them rsniri0 the closet there remark made, Shoot
Cy; understood Psudscn 70 say shoo, ms. an then
went In for my and my rends protection; then
used my pistol and shot sr. Baker 70 the best Of my
knowledge be On Me-. Pools; was at.r Baker had
discharged his pistol al Poole turned round then, ami
the act Of shooting Paudeen when he went ou Of
The Goor: would Rave shot Turner who creeping out
By the door tut he was down and would not take
that advartsKe Of him Poole got bis feet atr Baker
stood up remained with Poole uI o. O'CLOCK; saw
Baker In stanwix Han between the hours Of and 10
hat evening 60.