New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-18
TIE fol,osing testimony ~as elected;
1ksrlsosr ror ras PROSECUTION.

by sght FIVE or yesrs; tor the ss years hsi
beer speaking scqueints-oe Of has, but VS. on 10
Les.sr terms OF Intimacy; | frst sax Patrick Nc
Ioughi.n there sbou. the same hour but | don't
Stow which person ssS first; vss tsrdllg bar sc
tie time the first notice OF the difficulty Vas my
hearing Paugsrs n AXE 'susrk about 1ori Sey; ae
ssid Morrissey was ID ios:sr; Go not know 81
called forta tao remark both prisoner snd deceased
were then s,s1cing cose together 81 TIE cad Of tas
bs-; fc1- five persons were there standing around,
one Of whom ives Mr.. Ps;re; thai room covess the
Of three houses Il nus; Dc sbod. forty ieet vide;
the eutrsncs Is through .ho front house Ne - hog
AID street there three doors on the stree. TO tae
bel rcoro there tour ccors 20 the rcom. three OF
which are slvsys locked; the bsr Is opposite tae
door IS you enter. witness iaenuhed diagram Ok
the rCon, IT, entrances and fixture are pro-
ouDcei 10 be Cerrec-l. When Mclaughlin made
the remsIk CuoGiaeh an WAS about the coGte ot tae
bar, about tHelye leet dstsnt iIom Mclaughlin; IN
the room, bsiite Mr. Petue, were Mr.. C!acker, Mr..
Marks Nj. Aeu, Mr.. Turner, and think DIR. Jesse
an officer of the Court CT Sessions was ALEC preseut,
but em iot ceitsie; after Mclaughlin remark, tue
rext taipg noticed tntrs wss scuiiIng, ana think
Mclaughlin had hold q nv Guam sshan oy tne
coat; hesrd CuuIirghsm st the same uue say, " let
20 Ct ne" wa, busy So tbs tins; the nexs tHipy
saw was Cunningham come behind the bsr Ia sac
mean tins hsd heard WORDS but could not tel wnst
they were Mclaughlin tnsh m Sde an effort TO get be-
hind tie boy, bu. two rea stopped him; ne walked
toward tine bar ara bis friends stopped him when he
got pretty near the ere of the counter; could not tell
" rst be said he weLt | think Mr. Turner and Ar.
petrie stOp.s hiO EunntlEAam was tSen DeEinu tue
bar, between me ard the wall the next saw Psudeen
fpfUuouccsd Paugere was coming 10 the counter
when Pe're ana Turper stopped Pdutcsa, ho stood
stl and talked | could not ssy who he talked TO-
dc not take notice what Cunningham did behind tae
bar: was bui y when ne ilrst came Oeelnd the oar
did rot see 81 yrblng BIS hsEd; did not ses any
thlrg in lis hssd for bali n0cr afterwards he went
cut # the in that time coSd mo- say wnas
Mclaughlin said when he was taking; Ess.d his and
Cunniuehams voices OLce IN q whilei during the
taking Psudeen got hold Cf Cunningham by the
coat; / saw thai; could say whether 1t before
or after tast that ssw pistol, but think u wa
afte!ws!d; when Cunning am sad " let GO, Me-
Lsughlu cid So the mex. | noticed Mel aughhn told
min he would "smsck him IN the mouth the hrst tune
be caught him.. Cunningham sid No, hewouldr't y
after which McLsughiin remsked that be would
smack him to- morrow Cunningham said No, he
would not and McLsu. him said " hc bet lI!ar,
Cuanit g SIN sad thing, when Mclaughlin looked
for q collar in his pocket, out could not lind but
n quarter ard gave It to me; Mr.. cunningham took
Gu; quarter AID lsid il on the counter put It 10
nv pockst; after that Mclaughlin started toward
he door he and Mr.. Young when Mr. Hill asked sll
hands 10 take drink they had got three or four
yards toward The door when Mr.. HUI gave tne invita-
tor; he did no. ask snyDcoy personally, bat all
harcs; they t)Ok drink, about twelve or thirteen VI
them: Mclaughlin was one Mr. Hill Vas one, the
prisoner was one and | think Mr.. Morley Was one;
when they were king PaEdeen kept backguirdlng
Cunnir cham; lie called Cunningham '" California
prze-fgnt.rg son Of bib" an cure he cad those
words; recalled the use of this expression oefoEe
now Cunningham replied, bu. can't recollect whst
ne said; | cannot remember anything else tnst was
cad; | was IN the ect OF picking Up threo
tumolers from the drsiner, with my back to
ward Cunningham, when Ire shot was nrcd;
did not lock al the prisoner when the shot fred;
4 locked at Psudeen and saw him tsll; did not see
TIE prisoner elerwsrd; ssw the pistol before they
took drink; csunot cay no" long before ~ might
have been half nour or an hour, cannot tell tue
fret tine saw the pistol he was standing behind the
ber, with il down by his side Mclaughlin was then
in rcnt of the bar he was not doing anything taere
that could tell 1 old not see Cunningham DO any
thing with the pistol; saw him Eve ten minutes
With the pistoI witch ~ hts ersc snd hid ny the
counter; 1 think Cunningham was behind the bar an
honr and half altogether; don't recoilect OF ni:
saving snythipg more than " Let 90 OF me- no dd
say something, but don't recollect what
Witress croes-s xsmined by Mr.. Whising-Durng
this tine, the door Of the bal room was open from No.
% Howard stfeet tie osiToom snd bsr room arc all
one; there was no way Of escape from the room ex
cepr b. TIRE door going into No. - Howard street. Nc
Lau2hln wept by tue raDie 81 Paudeen never hesrd
him called Mclaughlin; | don't remember whether
saw Psudeen or Cunningham first; Mclaughlin was
in the habit of cOmiog there; do not know Whist his
business wss. don't know tina. he was engaged in
any il might have bsen la al hour before he spoke
OF Morrssey; be was speaking to Mr.. Pstne; Pau
deems making al effort to get hold OF Cunningham
vas, | think, what mece Cunningham come Dehind
tie counter; Cunningham got away from wnere Pau
deem was star Dig and sturwasd lie came behind the
s.r and pased me- he got as far as he could get in
the corner Paudser made an elliott TO get behind, and
MIR. Petrie and Mr.. Turner Stopped hIG .. the tame
that Paudesn took Cunningham by the coat Cunning
ham was behind the counter; he got hold OF him by
ore herd; be made JERK wien be got hold OF MIN.
[Mr. Whiting explained that the space behind the
counter was three feet three inches vide, ana the
counter two feet vide, az exhibited by the diagram
Paudeen was a thick.set msn-bigger than Curning-
BAN q grest deal; Should think he was very strong
man: no was br> sd. shoudeied and stool; no was
powerful ard muscular.
q. Was Re what is kr2wn as fighting man.
Mr.. SedsHick objected TO tue question.
TIE Recorder STATED that bis impression was the
question was not lege, but he would reserve bis decs-
ion until TO morrow
pistol or knife I could not tell VINO he asked he
ask once or twice 10 my knowledge; 1t WAS after he
took hold of Cunningham by tho collar; ne did no'
get pistol don't know OF any reply reing made to
him.
Direct examination resumed-I don't know that
Psudeen or Paugene IL q contraction or nckusmes for
Patrick Cunningham was behind the bar when Pau-
deem ssked for pistol; think Cunningham had the
pistol when PsUdeen asked for the pistol; after hest
ta:ion cone 70 think Of il, don't tnink Cunningham
had shown tie pistol yet; Cunningham had not To
advance sry VIXEN the shot was fired; had seen in
riDgham the naf dozen times altogether, WITHIN
period e three month";.
To Mr.. Wbiipg don't know Why Cunningham
went back behind the bar when he Jeff, and think he
went back because Mclaughlin made an effort 10 get
at him; M. Mclaughlin and Mr. Petre had wrestIe,
il which both tel down, ara OH. Cunningham oai'e
back; this took place as Cunningham came out.
To the Recorder-Poudsen did not touch Cunning
ham when the twelve or t5irtsen drank.
To slr. Whiting--I don't r.c)llsct OF Cunningham
saying when behind the bar, that he wanted TO get
cut any more than that he DIDN'T want Pauceen ID
touch bin, which hs ssid in pleasant manner.
Ps.,ick Mackly sworn, and examined by Mr.. Sedg
wick-I am not doing anything at present; board
on the corner Of Leonard street and Broadway got
70 Aliens place about o'clock there were number
A. -. n
street Cunur CHAM and Mclaughlin were there then
when | came there, Mclaughlin wss standing up st
the bar drinking and taking 10 bolsterous manner;
Cunningham was sitting on one OF tue lounges, near