The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-18
g him 70 be notorious asAsr he had rgA. 70 dsfs.a

himself
His Honor reserved his deoisior till 10 morrow mor.iax
Witness resumirg-I hoard Paudeon ask once or twice
for kpife pistol this after he took hold Of him
the FIRST time pistol knife given him: no ~
ply was made TO my knowledge.
bar when Paudeeu asked fer knife pistol did nse
Cunningham have pistol before Paudeen asked for
pistol Cur stood 10 the when Paadeea tes
hold Of him. he old net advance the shot ors1
Cunningham was standing In the corner had seen Gun
nirebam ak times In Mr.. Aliens place during three
mooihs.
TO The Court-Paudeen did not touch Cunningham wAsa
the party were drinking:
TO M Whiting-I don't recoilect Of Cunningham whaa
behind the bar, saying that he wanted 70 get out.
EVIDENCE PATRICK MACKAY
Patrick Mckay sworu-I board corner of Broadway ss1
the prisoner, Mclaughlin and others were there;
Mclaughlin standing at the bar drinking in boiserous
ur i've Win
Pere and Mclaughlin were drinking together and joined
them the first heard Mclaughlin saying TO Petre ht
that Morrssey gentleman, and that he had better
reserve his sanderous talk till Morrissey present:
oIose to Mclaughlin; Mclaughlin then told Cunningham
that he would lick him any Of his misunderstanding
Mr. Morrissey that he OuDnpghsm was damned scoun-
drei. aod he (Paudecn) would lick hin any how Qua
niDgbau sad 70 him, ~ am friend Of yours and dsat
want to have quarrel with you or something TO thai
hsm SAID, T keep away rom You then" and said .s-
thing more before he lest Mclaughlin seized him and
held him As much a. three minutes Cunningham request.
was talking oil the time In sarcastic and ugly way Gun
niDabam walked away and stood up against the wall say
trouble with you, and vent behind the bar, MoIa.shaa
standing in 'front.' Mclaughlin then said. 'What are ysa
poep out Of - E~
don't want TO be beat BY you requested mclaughlin to
say nothing more to CanDioshsm and TO talk aeess
A0friseey, he particular friend Of mine and
promised DO would not the next thing noticed was Nc
Laupblp having Cunningham by the coat collar pulling
him with one hand while tho other was leaning tho bar
think he held him by the left band, but not sure
Cunningham requested him several times TO lot Of him.
and said that he would mot he would XIII him McLaugh
there anything more said at that time; during the
time Paudsen said "you won't shoot" several friends
let co. which he consented; Psudeen was advised BY
Mr. Young and Allen 70 60 home Paudeen asked Cunsing
when Ps~1sen made rusb toward. Su he U1oS,by ro
six feet nom the place he started Paudeen said he woad
lick him and his pistol both together Mr. Petre In STOP
during the melee got behind the bar; Mr. Pere and DO
Laugbin seosrated Paudesn ugly and said he
would whip BIN; Paudeen then commerced to renew his
assault by words upon Cunningham he called him nun-
Der Of pAmss but can't reoollect what they wero; No
Lausbin said be would slap his face for him. Cunnnsha
raid he should not Go it unless be behind his box:
Mclaughlin said he would slap his face the next day:
Copnir CHAM said no should not. Mclaughlin ssid 6e
would bet ,s,v him Inn de ,: would don't kuo.
tax .u vent to converse with Jack Rome tho next
thing cav was Paudeen having Cunningham by the
Ban s s Cunningham said at ieAt four times, "Ead
Son gs Cons -, =" Of me, or IN kl you il you
hurt me;S then saw TIE ps,... MclAoyh9 held Gun.
nirsham three minutes before he shot him; e'uu NJ
see what Mclaughlin did with the other hand; 'a ncs
hear Mclaughlin make any reply, but In second sim
saw tie pistol discharged Cunningham held the pistol
about ten inches the counter and probably not over
hsys petol eighteen months age; oont know whether
he IL in the habit Of carrying pistol or NOT ss9 Mo-
Laugbln in the act OF falling and Mr.. Turner and Mr..
Allen place him lounge; the prisoner out from
behind the bar and went 70 the door leading out from the
bali room, saying, al want you al 70 60 away from me-
am going to give mytef up; did not hear anything
else.
The direct examination Of this witness having bseu
GUIDED the Court adjourned W meet at eleven O'Clock
Friday.