The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-24

o. TIE head with club Moore said 10 S.ackno,e .yo,
struck me WIN club" saw blood on his Chores
bsno) saskpoe parity drew the club again, and -
MOORE eco awss from me-" stackpole asked enc tns
Tor muske' when he held IN his hand which he
IN give subsequently the witness heard NOISE AMI the
party left ,he s'oop Stack pole pursi,
him went up 70 Saekpoe aud heard say tiis he
was hunt
Wm Walsh testified that was The FRS. Leutenan. ~
the FOX husketers thai the exhibited him
bis, which he wore On the ish Of November tina, tia
aefDoon De tied 10 get the company ormed In a line
front OF The River House; witness heard loid noise
inside and on fog to the back s,oop heard Coleman and
Moore 9uIIeilne-tbe latter saying, "Yoa Won't take
your muske home won't our" AMI tae former replying
| NO ! Wont, Tor yon or any son OF 6--h OF tho
heard s'C v showed cosmo and then W.
sound az II Moore had been struck head with
club, and saw him pvt bis band has head while they
were fnsn towards him as he retreated TO the barroom
witness tried 10 Keep Stack pole quiet beard remark
that the Brady Guards acted ike party OF suckers"
witness d The coGeDoins parties keep qae, and not
disgrace the COMPANY, they could settle the muss on
the Battery, Moore Slark continued quarrel.
Witness ed 70 pac them, and grabbed the club, and on
turning round perceived Moore possession Of hrs sword
VINO, ~hen wtuess attempted TO get back, showed him,
drawing the SWORD ana leaving the scabbara and belt with
the witness witness then a number OF men running,
and pursued them order head them Off bat up this
time did b0t perceive Thompson aud Fox
VIM Giih,hs, who a bartender tho River House,
Testified that Moore the barroom and said tha
Stackpoe bad struck him The head he pet cloth
ms NJ ao and the witness applied some liquor 10 It,
tbvs Ncfall said that be Stack pole running away
rom Moore, who bad swor1; witness heard cry OF
stop thief at which number Of the company ran, bu
James Read heard same crv and saw sword in the
bapos OF man but could say whether Il Moore
the orderly sergeant they apgeFs him. he
saw man with musket and bayonet thrust il at Stack
pole as be was going down the bank could iden-
thy him.
Richard Daily, David Glossy, Michael Iandy John Kea-
ting, Wm Kinney, timothy Edits and Thomas Burns
examined but Their evidence cumulative and did not
differ ally from that Of the previous witnesses
Mr. Burns that an invited guest aad that
nearly all the members of the Fox Muskeeers under
the influence Of liquor he denied 1ie by
witness who swore that he had pistol and added that
Us he lBurns) was charged with saying he would DO
sopsioe for Fhompsop be used his exertions to effect his
arrest and told Connolly IL be would accompany him to
his house he would give HIM pistol
II now being FIVE O'Clock, the court adjourned il
Thursday morning, when the summing up will commence
aud the case will DO given TO the jury in the afternoon.
CDR JOHNSON CONVICTED OF GAMBLING.
The ffst case tried on Tuesday morning charge
preferred by 3. r Hi0bler against VIM. Johnson alias
" Dr. Johts0o," Who It appeaed from the evidence OF
at 575 Broadway, and marked the game the evening
Of the 18th OF November, while Mr.. Hbbier trying
bis luck. MIR. H. who is a resident Of Kentucky came
on here to see the elephant and induced to make
himself sociabie with some gentlemen who invited him
play Of chance. The Ken,uckan accepted the nvtaton
and OF course the OF the stakes several
occasons but suddenly toe wheel OF fortune turned aud
before the adventurous snutherner had left the he
was victmzed to the tune Of nearly $780, Dr." John
son did not take an active part in the game, put the evil
dence satisfied the jury that he guilty Of violating the
gambling law. His confederate tried and convicted
few days since. The crime OF which he convicted
being felony. the doctor (whose dress and physique
indicated considerable refinement AID culture) taken
IA custody and committed to the Tombs.