New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-10

him ont upon The street. or somewhere else; they
promised not TO stack him there; the Defendant de-
sired a conversation with me; l had conversation
With him concerning the psPer; Henry Fleming came
into the room and said the unie was up they eoadnt
wait any longer be Vas excited; about TIE same uue
John Fleming can in; thought, from bis manner, L
could re~irsin him; be appeared more excited than
either Of the others pistols were drawn BY John and
Henry eming OF that time l made them put then
in their poI ke;s the defendant elsmed my protection
hsTe-eu phHsTipg the word " there" went dom
stars ard told Mr.. Baldwin 70 come up, thinking his
pr 5. nee mig restrain them coming up saw James
Gre zisr the steps; he Oeckoned 10 me and IN
ouited abou, his brother he went 10 tbs
eoor and lo,k ed in; remained in the pNssge John
Fleming 10 the room and approached the defend
anti the DEF, bdsht inside = remark about three G.
them being there; Henry Fleming remarked that he
would give him the came Kind Of weapon he had add
they would settle IL beiwesn them; Joorrf lemiog III
terIosed ard drew out whip and COMMENCED striking
the defer dam; Henry Fleming drew pistol several
times and think had il in his hands the whole time;
a struggle then commenced; l saw the defendant
strike with q knife once or twice ct John Fleming,
at that time William Fleming and james Croz er cana
into the room, and general sc1fie eneoedi us
thee Flemings attacked the defendant; james Gro
zer came in ard mingled ia the Eight: as they got
near the door saw the defendant strike HenTS
Fleming with the knife; about this time John Fiem-
ing cooked pistol threw it up and Il was dis
charged above bis hesd | caugh; the knife from the
def ndant pushed james Crozer and the de PENDANT
into defendants room, and told them 10 stay there
turned around snd John Fleming was sinking down 10
ing room. ard laid him bed, AMI sent for phys-
clan $500,
have CONSIGNED wyset IN danger II placed "a tns
ssme situation and think should have done e. ne DID
o eeape; | think nom the time hrst saw him he
RED 20 avoid quarrel man in bis situation could
pfer nothing but that he in danger OF greA bodily
hsrm VIM. Fleming told me he had made come set
tleneuis in town end had cent William lhis sen 20
P.pnsylyaaia in connection with the matter; while At
NV house he used very threatening language; said rs
al and tab L1lfA "a
him.
james Crczier. sworn--In the morning. about lo
clock | was standing in ifgnt Ct Mr.. Ihompeons
ewehy store and saw the def ndant standing 10 iron.
of Fir uire's store; Henry Fleming came along and
COX hands with him. they started of east across tho
corner of the square in the direction OF Mr. r. u BAD
cock store; went TO the Post Once AM Uac unui
near noon; then l went down Ia Mr.. Bsdwlus, and
went up 10 DEFENDANTS room, opened the door and
looked in; saw Mr. Holloway and Henry fleming IN
there with the defendant and think SOME other per-
SOM then went down into tue bsr-room, suPpoe%s
they had BUSH esq, and though, l wouldn't trouble
them; sat there few minutes directly old Mr. b.
came down snd went out Of doors shout hve minutes,
ss lear IA | can recollect he came 10 and went mp
stairs again in sLont i've minutes Henry I'll, miGg csno
dc wn and went out be was gone, funk, about ton Oh
fifteen minutes then came back and went directly up
stau ); In a few minutes old Dir. Fleming came dO"n,
looked into the bsrrocm, but said nothing,
and went up stairs again; he dld go Mco
or three times in few minutes james
Baldwin spoke to me and said they seemed
TO 10 getting in earnest mp there In The ball;
said pcihape there might be quarrel; said thought
there was no danger; said guessed ! would 60 up
stains 20 that il anything was wrong L would be on
band | went up stairs through the dining room, and
into "A bed. ROOM James Baldwin showing me the way;
vent INTO a room in the east end of the hall went
10 the door ard peeped through the keyhoe and saw
old Mr.. Fleming looking lotto the defendants room
through the keyhole, aud John Fleming standing lean
ing az ans the all With something In bis hand took
for revolver his coat thrown his shoulders; |
then went down into the bsr-roomi Mr.. Holloway
came down as went into the barroom and spoke to
Dir. Baldwin In the east end Of the house; they LEFT
the room and went up stairs and followed Mr. Bald
win went toward defendants room; Mr.. Holloway was
standing there; l beckoned to Mr.. Holloway, and
asked him if there was any danger of row. he didn't
tell thee trouble, but thought there mgat be
quarrel; Mr.. Holloway and then started toward tho
west eud of the hall; / raped at the door it was
opened Mr.. Holloway had gone In Henry Fleming
told me 10 come in; the defendant told me not but to
wait at the door or something like il; rs stepped
back, Henry Fleming pash.d the door to, and
heard the bolt turn cid Mr. Fleming and we're then
other eI Of the hal with him; started and went
few steps and TUNED and went back TO the door Of the
ROOM got within about two steps OF IL when heard
a fie; then kicked the door aod II flew open,
knocking the Gazing of; vent into the room, and
Henry ard John Fleming both had hold of the de-
er dant; John had him by the left shouce collar
-as as could see, Henry had him by the throat
didn't wait long TO see Johns back toward ths
door Henry Fleming was his side and nearly on his
back; passed by John snd struck Henry In the face;
ured round and caught John by the hait and started
for the cOor / then noticed Albert Lamphere by my
ride having hold of one Of the Fiemingss and pulling
tow ard the door; we all worked out into the hall
saw old Mr. Fleming grab the del, ndant by the right
shoulder neck as he did that struck over the de-.
fendaat and struck him In the face; | then tumed
round and caught Henry Fleming by the hair and gave
him jerk along the hall; went 10 the west end Of
the bail, and Mr.. Holloway and John Fleming wers
scufiirgi John had revolver in bis hand; went 10
John and took hold Of him Mr.. Holloway told me 10
ttop that be had him tae; went into the defend ints
room and staid there until be was arrested
DR.. Young, sworn-I am physician Ia Warren
County was called on TO examine The bodies Of John
and Henry Fleming; they came TO their death by
slabs icted by some SHARP pointed instrument; thera
was but ore wound in each Of the bodies Henry was
stabbed in Il left side, dividing the nipple the
ment appeared 10 have passed over the fourth nib pen
eratDg between the third and fourth ribs passing IN
an obque oh ection upward and inward 10 tho direc-
ton Of the aora great artery ~bic1 oo,veys tho
blood to the heart probably covering wOunding tho
artery; the examinati benz erensl an not post
moIfm cant speak to scsraniy; In order thst tha
wound n ght have caused death IL NUT have resched
the artery from the examination | am satisfied the
wound cbused death; the wound ia John Fleming 9as
IN the right side Of the chest appeared % have been
core with the same instrument that md was about
inc from The center Of the brsart bono and about
inch above the lower cnd Of tho sernu the instru.
neDt appeared 10 have parsed between The carriages
Of The seventh and eighth ribs; the lung having col
spted IL impossible 10 say which direction the To-
stiuut nj took; there being knife 81 that
epRih might reach vital par and death. Hero
Il duk produced, identified and its blade found
TO measure SIX inches
After hearing the Arguments Of counsel the opinion
Of the Court delivered by Justoe orgAn Justice,
Nye sDd Honnicutt o hcuuing: and the prisoner wa
discharged, be having committed the kill " 10 sdf
iefents
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