The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-17

known Sinouscn tw nty ave years very intimate
about eight O'Clock; officers Corwn snd Beatty Dame in
with them; there was quite party and several
S'e s cap 10 s
email articles, and be was thss locked up; the ofosr
don think there was anything said about the crime he
had committed thep-noS till he In the CELL did not
S. e ns s s not t az
violence o. blood upon him; the C,roaers inquest
held on the next Tuesday NJ Underhll attended for the
what and I.lIy bad said about smonson.
NE conclusion Of ths witness examination the Court
me for The prosecution will be closed this morning
THIRD DAY.
Jun l6-The court opened at the usual hour md the
following Witnesses were examined for the prosecution
William Baientbs, doosman OF the First precinct sta.
ton house. sworn-Heard Of the affair on the night Of the
occurrence; saw three persons running down johnson
street few minutes before the alarm OF fire on that
evening johnson street commences At tho second block
from the American Hotel; they were running ten or
twelve feet ahead Of each other, going - hard q they
could run thought curious hearing no alarm Of re to
see running 20; heard directly Afterwards OF the
alarm Of nre; thought they running to the eagne
house got up tho OF Washington and johnson
streets when the bell rang; they had dark Clothes the
enc behind had light GOAT; did not know them.
Francis @. Kirby sworp-Knew tho deceAsed was
Well acquainted with him; he was powerful man ply
Captain Joel Smith recaled-I told IAly tha one OF my
bad him down johnson street and turn into
Cross examed-Hr Ballentine told me that he door
man; he told me on the evening Of the occurrence.
Direct enthusiastically evidence - TO conversation
Judge Peckham called Francis B. ssryker who did not
BE proposed 70 have the expressions Of the do
ceased his way TO the house after the injury, which
WA 'for Gods sake give me show" or something to
-
a. evidence had not yet boon taken.
Mr. B. Stryker came into court and was placed upon
M. Brady objected to his evidence, and was OK.
cluded.
The evidence for the prosecution then osed.
Mr.. J. NJ Van Cott opened for the defence In very
pretty speech and took occasion TO comment upon the
facts and evidence 10 the then stood at cons
derable length The Prosecution he said had not pro-
pounded any theory WAS oil In doubt and the defence
net caleb upon to pr ,poand any Their position
was tina. theory that could be constructed by the
prosecution must fail
Alexander R Rof-I am plumber have been In the
business seven years have known IAlly the same time;
be served bis time with me- he served four years regular
Alter that be then got employ Dent In the Navy Yard
got bis S employ T nI before he left me
Mr. Peckhsm objected except as to his character "a
peaceable naD.
neral moral character was important peaceable
man might be 80 avarcous that he would commit murder
to get mans purse or money.
Objection withdrawn
A. HIS character Was very good, very peaceable;
never knew him 70 quarrel in tue shop.
Cross examned-Did not know Of his associations Of
Business bad not heard Of his belonging the "Forty
Acre boys till after the death Of Mr. Smonson had not
teard much OF him for two years before
Q. Are they pretty hard set Of boysS
Objected to and ruled out.
A. Did not know where Ially went after business his
any particular Dghf; heard OF his being engaged 10
hremens quarres Mr. helvile my partner ssid he was
8a ali So
anything bal about him; had not heard Of his being In
any eight or Of his knocking Mr. Berthe down. think
Melville discharged him; took him back
Ralph Ron brother OF last witness-Always thought his
character good; Iever heard OF bis being in 6gdt
John K. Sbandley-was teacher; had been teacher
twenty five years knew IAIy; had know MIN sixteen
years he went TO choo 10 witness for four five years
left school in school was at the corner of CARL and
wioughby Ially 8 character was, a. far a. he knew
Cess examned-Had not had an opportunity OF seeing
much Of hun for the last two thru years only met
him occasionally met him on the street. some OF bis
scciass como to In the winter time heard Of
Anthony j. McCarthy-was master plumber at the
Navy Yard; had been for the past thirteen months;
ever siDce iii his arrest his character was very good he
was very attentive to bis business; always considered
very Lescs.os never heard Of him being 10 au;r
asked permission Gay rg he wanted 70 get some things
for the coming Sunday; he aid no, draw his pay.
Q, How much was there due 70 hmS
Objected 10 and ruled out
Cfoes examined-Dd not know where the boys went
when they left the Navy Yard.
John Hunt-wss q plumber; was foreman OF the de-
partment IN tbs Navy Yard had been for six years
very good never before this heard OF any scrApe or
quarrel that he out with MIN heard of
ooe since, the Ny rtle avenue affair.
1s4p worked with Iay for twenty months his character
was very good be Was very peaceable.
DEPARTING ut in the Navy Yard since 1887 knew aiy all
that time: his character was good.
Daniel Cossroye-Pumber; knew Lally two years and
ha worked With him twenty months what called
"a mate'' Of his; that b. worked together always
found him very good disposition ard peaceable
James kepsmcre-was shipjolner; had known Lally
eight Year, school with him. and had bean
associate Of his since when they had time; his
character Was god never knew OF his being In any dis
Thomas Riley-wm a Deputy Sheriff Of Kings county
since llth March ast house carpenter before that
bad known LAZY for eight or ten years bis character
10 peace very good had been OF his
the past yearrrety near every night belonged TO same
trgne company-ko. D. the Union cornpsny lad belong
ed 70 II for tweve morht did not know how long LAZY
had belcr ged 10 H. he ASSISTANT foreman; him
and nine at the engine house. Canton street,
OF Ny rte after the alarm OF IRE; bell ringing az the
time cane TO &c, hs cap NJ the engine house the machine
haa been run out; saw or thought he q little In
toxosted and advised him not 70 co. he went 10 the rc
he could much Loot sight OF him took homo
the machine and saw him again he arrested there
Cross examined-Mst him sometimes At the engine
sometimes correr Of Myrtle avenue and Canton street.
went no whtrc IN particular were generally together I'LL
eight ten o'clock there sometimes dozen OF them,
sometimes two ger, three dozsn; arrest
ed; once complained OF bsing drunk ami dsor.
defly
Christopher Wright, sergeant Of the Metropolitan DO
lce-Was two years sgo captain OF the Fourth district
knew Iay LslIy lived In that district Hudson avenue
knew him and bis people, bis father and mother could
ray nothing against his character; only know him by
sight bo'ore be arrested.
Joseph Hcks policeman OF the Fourth district nearly
three yearsHsd known Lslly by about two years
knew his father for a long time had seen him tho
with others didn't know his character
turbsrce with Tal y.
croes exsmincd--Hcard OF IAliy being In eight last
January; hesrd thai he bad beaten man In porter
house. who bad been q witness; Il at John Lang.
Stairs had heard Of his whipping Nichols the night
be wss arrested; he pushed him on one side.
John Boye-wss q block cutter; bad known 1ally four
teen n'een years; had been associate OF his; be-
opged 10 No 81 IAlys character had been good all the
time.
Cfoss exsmined-Met In Myrtle avenue, near Fort
Greene; cid NOT know the place vas called "the Forty
Acres" The boys we're called 'the Forty Acre Boys"