New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-09


tie Der ger pss which Asd been identifie J. ana
tie ball
MI Brady-O, WIS, ground do You offer these a.
evoerCe! -.
District A,:orre, -Becaase they are the impl meets
Of death.
Nr. h ady- Who proves tina;
Disrrc'- Alto uey-1he d0ctos prove as to the Ia ].
Mr.. Braoy-l peg your pardon. 80
District Attorney Certainly they have iienLu'd
that bel, as bsvIg been t-keB IRON tie wound.
Mr. soy The pie ! was tot identified.
DisiIc'-Artosu.y We fer the pistol on distinct
eroupc bayu been found Lear the spot where the
kilr2 tn pace.
NJ Brad9- - far as the bel being offered in evil
cerrs II IVES ~roily ire evalt. Nobo<y denied that
BIZ. hey oied Ci that wound
Dliu'ct-Aiiouey-W did not know what would De
Ger ed admitted.
MIR BrsGy-Tbe prosecution is in the same condition
~ The cefeIse. They would make 10 qaestioG as to
Mr. keys tyirg of the wound cescr bed. What,
u e. I'D the presentation Of the bal prove No.aog
81 81. AS for the pistol what was the evidence
Tbs, il wss found II the street sId delivered % toe
Coiouer IN he Clab Hous-. Whom Il belonged 10, or
wtc H. no witrsss had informed the Court,
10 viiItss had expressed all opinion a. 10 whether
Il eir Nss al connection between tle ball snd the
pistol As 10 tie pistol seen IL tne bands OF Mr..
Stkts al The uitI esses sCre-dtrst twas revolver
II tb,s piso IL ada sssoic II evidence II must BE- on
tire frotrd ttst i,s berg the vicinity made II part
t.. res gesi. BE objected. however, e. ~ being
come cfet nth tie prisoner. The D.stnct attoInry
coIffI cec that il was r matter i.r Tue Jury lue
pst,l of ourd n. about the place where tue party
-to0 s; TIE tine TIE frs rpor. Of pistol was heard
f. nss 'or q jury 20 that circumstance, sud
We i IT, due sht As 10 the ball, u = aduhted
ihbt Inflicted mortal wound II vss righ. thtt t
u cud 20 t. n JUry bcrg the ins uCent ot Death
Mr. Brndy siuply wished to be informed by hi'
HctoI Fl tie IuIe GEder SnicA the psto snoud 80 10
d b. iuTy.
The in 'ge--The pistol having been found e: the
place who're tre nor'sl wound was inflicted, or aoout
ID 81 1..fN hzap f.Ia
booy VI CeCCaeed, i tor .h' jury 20 draw an sier-
ere. - TO ~ AZ use IS made o. the pstol-by whom
srd Nth bat effect II is part Of the whole ira -.
.cticp ard clearly Of opinion inst the p;,io. and
bali msJ properly and ought properly to De eAniouea
MIR BilJy-YouI Horor considers, then, that it is
psrf e ',S ee,fg.
The Juose- Certainly. Whether tire prisoner used
tie Isto or not is matter OF tact ior the ldry to
dc. ice
TIE District Attorney here announced that the
Tilted : a,,s lad clusec lie testimony iu chief.
Mr. Ratcl II lad word 10 say Z, the Court. The
ce,enie Proposed TO ak your Honor TO require the
District Attorney N cal certain Witnesses not yet put
OF the stand. Amorg tbose were Ssmucl F. BuTer-
voiiS, Robert J. Walser and Geo ID Woodbridge.
1t uistt Re question Of policy whether the Govern
mert should be compelled 20 call sl persons who
.itntfsed the transaction. He would net therefore
ars ne that thoush struck him that the prosecution
Should cal every borest mar who kne snythiog OF
the rsrsactiop. He should des With VITA, be under
stood 10 re ts Horrors ruling in otber cs'-s. IL,
referred psrticus TO the case Of the uated States
eRsirst EcSads where the POINT was fully srgued,
and where The fscts wers prec sely simil'r to the
facts in this Gaze. That case, happened in
tire suburbs Of this city al q house occupied by
two xorrer, who had rented it from the defendant,
towards A party came to this hou'e, st night,
ard disturbed these women. One of them slipped
ont and went to Eds ards. He csnie down with
gun, and ore person WAS shot snf an
other wounded. The two women Garcia and
Raymord we're examined before the Coroner and
con eco as Witnesses snd sent before the GIaud JdTy
The prUet cutipg attorney, h1diog That these t"O
women were in favor of the defendant, their names
were not placed OF the Indictment, ard on the tsl OF
Edwards lis Honor was ssked To compel the prose-
cU-oT TO produce tfoss two women HE Honor OH
con pei tier production expressing biz opinion as to
the Ut legation # the prosecutor to cal on tue stand
eyery pesop who kuee about the Transaction 20 ~ to
give the d.fIse an opportunity of croes-exaniDipg
~ HeIbert's fin liar BpphJa Was mads, nut
bic Honor Drew proper distinction DesSesnt ana the
r. wards Gaze; for in Heroert's case the witnes
which the prosecution asked 10 produce had not
ben exauiIed before the Coroner, bat hal been ex
an I'd as wiIess for the defense 90 habess cor
pus HE Hopor vss therefore, right IN not com
peIirg that witness to be ocuced a. there was no
o.
worth ard Mr.. Walker cIau med before tn
CoIorer ard Mr.. Walker end Mr. Woodbridge ger
,Ssinined tef re the Grad Jury. The coursei would
arb TIE Distrc,-A'torney whether that was %.
The District Attorney did not know whether 1t was
or rot.
Mr. Carlisle suggested that witnesses sometimes 10
before tie Crauo Ju,y and sometimes sent.
Mr. Ratcafl siked tie Clerk OF the Court 10 exam
IL The iecoTos as 10 tba, fact Ii there Is any dls-
mite about H. ne would have ore ot the GRAND Jury
Nv h. fpTi' Ct Cont.
Iet SouIeers t.iore the Grand jerry, bay we're SUB
p.uaed to atterd srd they did attend and TESTIFY. as
10 toe case Of Mr. Butterwortb it was an extraordi
nav one RID the counsel had never seen al instance
" TIE kind in al bis practice II was proved On THIS
trsl d at that gentlemen ta1 the whole TRANSACTION,
ard WIS witness before the Coroner, and yet ne mas
rot been piodac-d by the Court. lie asked tine
Court 70 compel the pistn y Attorney "a place hr.
Boi,ervofth Mr.. W alker anu Mr.. woodbridge on tie
sts nd
Ire District Attorney opposed the motion 10 compel
him to produce these three witnesses. lie cortended
that il sas net the duty Of the Dntrct.Auorrey -
re about the Grand Jury ard led out whether tbe
witnesses were exsmred before the n, bssiie those
whose rsues appear on the pressn'ment, a1d the
names Of these three witnesses did not appear. He
tsc placed on the back Of the indictment only the
Dsm. that Appeared To. book OF the pe-entnent,
and ID cid he cu'y He bed good reasons way
he old not SUMMON Buiterwo.th be.ore the Grdoa
uty. and tLese yeas, ms h. intended 10 keep within bis
own breast row and hereafter lie imagined, how
ever Il A. these were very We'll known 20 the
gtp'.eD ID for the deirJse
Sir Ra'c.iie would mention, s. an additional fact,
that irum the try in The abook i appeared ina.
Sir. Slcke. was committed - pi.-on On The testimony
" Mr.. Buitsr~Ortn among others.
TIE Di-tnc; Attorney asked whether the mere az
Summation Of vltbess beoIe the Coroner made h!H,
10 point Of fact 'ness Of the naed State for, un
les. that could be shssn, tb-s application could no:
,,sbd. He coHtenled q al such was not 50. To Do
nsde q witLess Ct tho United Sta'es, he mat have
h. 81 p mined by toe prose oatiOo. Snppoe toe Grand