The New York herald., 1862-12-02
THE BYRNEs TRAGEDY.

ecAnhcc ccsfne Testimony-verdfet % sna
Jury-sullivaA Committed "a a..
Tonlbs, &c.
Inc nvss"sA'on INTO inc excumstancss Attending the
death Of Thomas Byrnes was resumed yesterday :. ,ns
enty seventh prsCnct station house by Corop q, Collin
The interest the unabated and
ing the nclemency Of the weather. the att anoe of out
sders was numerous as on tho previous day The in
cues, vas announced OF a. ten O'Clock. bu, NJ
tho request Of the jury feoess was taken until noon SO
as to give them opportunity OF being present At the
funeral services.
The first witness examined tho reassembhng OF the
jury was officer Henry HOPPER testified az follows
aln paolman OF the Twenty seventh precinct police
on the night Of the had 20 patrol Cedar
Liberty streets, including Greenwich street between;
walked up Cedar street. the east side, Green wich
street heard some loud talking and heard one of the
men say "Y0u hold pistol towards mo- what do You do
that for2 another said "Yon are damned liar;'
another said he had pistol N h pocket at ALL then
called out 10 them to stop tnat noise; told them would
have any fighting there they then commenced
light then walked up TO them and told them il they
did not clear out would lock them up; whep got UP the
prisoner and deceased had each other by the coats
/ the time one knocked man down
the lett hand side did not know who knocked down
or who hit him. about this time roundsman Mills aud
ohlcer Finke cane up; the whole crowd together;
roundsnan Mills said T they did not keep quiet he would
take them n was standing alongside of Byfnes just
as Mills SAID lie would take them in The prisoner,
| who was standing about three feet from Byrnes,
fired the pistol there no cinshed at tho time;
Byrnes standing up the he was shot, and
| when lie exclaimed that he wounded took him TO
the station house the prisoner also standing up when
The shot red and the deceased nearest the curb
stone; told roundsman Mills to take the prisoner the
station house when conveyed the deccased 10 The sta
house he showed me his and said he wanted
doctor right away he was taken 20 the hospital IN
riage; when took deceased TO the hospital he told to
go for his wife and child; am positive the prisoner was
standing up when the shot ilroi ByFnes had hold
Of the prisoner when the shot hred they we're scpa
rated at the moments did not deceased strike
one when got the crowd first Bvrnes and the prison
had hold Of each other coats, aud separated them
I Ar,Ar
than have stated.
Officer Henry Fnke, Of the Twenty seventh precinct,
decscd as foows-I was stationed Greenwich street
the night Of the difficulty. between one ana two
O'Clock on the morning Of Saturday, the 10Th Of Novem
streets when heard loud talking down Greenwich street
towards Liberty street: recognized officer Hopsrs
voice, aud thinking that he was in trouble down;
a crswd Of people assembled in Greenwich street.
between Cedar and Liberty streets; close up to
the crowd 10 Gnd out what the difficulty was; ie-
ceased and the prisoner standing face TO face deceased
accused the prisoner Of having revolver The prisoner
said he had revolver and wealS il il he at
oy any parry &c, a m one ns wants to
attacked; said 'Yca 4 damned
liar,3' fearing there would be riot, told
them to 60 home, on ] then
heard roundsman Mills tell the crowd to jsperse saw
deceased have hold of the prisoner, and think the
scuhe ensued, which changed their pesltions think
took hold of deceased and the prisoner aud told them to
let their holds: not doing as told them, drew my
club strike them the hands them so their
holds at this time the crowd made rush and closed in
cyowd and while away from the crowd heard the report
OF pistol; the crowd then scattered, then the
prisoner vi hout his hat on he said 70 me- olcer am
in your Charge took hold OF him and told him 10
along roundsman Mills came up at tho time, and
went the other side OF tine prisoner; the prisoner
stopped and said he wanted TO get his hat
told hm the hat would be got, TO along it'll me;
then brought him into the station house, when got
to the station house the pistol handed over the
officer behind the desk; my attention then drawn
towards deceased who had lis pants open; stains
Of blood on his shirt assisted officer HOPPER to take
1
made to any ef the other officers TO arrest the
prisoner before the Shot was rcd; saw no blows struck
between The prisoner aud deceased there were ten
twelve in The crowd after the shot bred and the
crowd scattered, saw tho prisoner sana. tie side
crowd: heard music.
oHcer Fred'n, Rose, of the'wenty precinct,
deposed ioows tn the night OF the difficulty the
prisoner and his party coming mp Greenwich street from
Battery place. them 20 into saloon in Greenwich
street after deceased left there; not present at
the dinioulty which have occurred about half an
hour afterwards was on the post between Battery place
ami 1tanes street, IN Greenwich street. anu heard the
report og The pistol
Pstrrk Leo, being duly sworn deposed as rolows-I
reside at No d7 Baxter street. on the night Of the i
Guilty was coming Up Greenwich street between one and
two o'clcck, IN company with the prisoner and
Others; went down there for the prpose OF posting
Mr. smiths bills crossed Liberty street little
ahead Of the crowd when saw two of party running
back; walked back after them; saw the deceasei 7,
whom before, and two rslsone in his
papy deceased sn the prisoner talking when got
there deceased caught hold Of the prisoner BY the left
arm and right breast oue Of the deceased friends cemed
TO want 10 fight bad; went UP TO him and said "My
friend, there o in mussug ABOUT pol,t icaus for
nepe OF them would pay vc dollars 10 tse any of us out
in the morning - turned around where the prisoner
and deceased standing aud told te 10 let so their
hods aud so home Just then the who anSions
10 light struck young man IN our party named James
Brennan sud knocked linn down; lac then passed by
ocer and went behind the Drsouers back and said he
had pistol; Tie prisoner repici yes aud stated that
If he attacked he knew he was in bad place aud
would use 70 dend hmsslf this then asked the
prisoner what good his pistol aud struck him at the
same st.Ine: deceased had hold Of tho prisoner
during this time, was Standing alongside OF deceased
and did not know the prisoner had pstol had my
hands in my POCKETS, thinking i would not amount to
anything, when fbead the shot fred the prisoner was
in stopping position, nall down, When tho pistol was
said, under your proteeioE-iase charge of me
when he shot was hred the prisoner was backed up
against peat and could gei back any tur;ncr
e tod inom to " lot 80 three times before he fired the
shot LEFT aftcr The firing and went home the police
present when the shot fired and when deceased
and the prisoner talking to each other the
policemen present wien OF our party struck
when The shot fred the deceased and the prisoner
Nrrc cinchei and the latter WAS IN stopping pos!ton
tbs deceased had hold o. the prisoner by tie collar
when The pistol went on / rccolec, hearing the officers
say thai Il the conendng parties did dispersc they
wonld lock them up; heard one OF the officers ass ds
in the aitrnative there several ruusicai usru
neis ~ our party aud We had lust retained from
rsdine MIR smith
John Lcary. Of 10 81 Baxter street, doposed as fol-
ows-on tne morning Of the 18th November was
np reclw ich street, in company with the prisoner
vas absut afiecn feet behind tie prsoncr when
heard some louA taix between che prisoner and
the prisoner whose bills he was patng up
tue prisoner said, "l am putting up Alderman
Smiths bllsn when one of deceaseis party said he did
not believe smith would b. the next Adermau the pr.
said he copd not tell of dcoeaseds party said
~ win bel you $50 Fox will be Aderinan:n tho
prisoner said he had not got much money, but he
would ike TO bet him II he had it; Nr ByfGes then
came up and SAID mwha, is the matter hsref' beard
The prisoner say chow do ycn do, Mr. ByrLssrr when
the latter gaspei the prisoner by tue collar the
pr,souer said, u wish YOU wcid st 90 oi me, Mr.
Eyrnes, a. want 10 90 home another OF deccased's
party said, Any man who works for smith IL Niger
he saDigge himself, ana has always put nggers work
for him;' The prisoner spoke np and sad, ~
am no na.er; l am as good democrat
you are policeman then came up, and told
hin to part them be turued away from the
crowd, and made effort TO part thsn be seemed 10
pay no attention 10 me did no see bin make aus
tempt 10 separate them deceased st kept hold of The
prisoner and kept pahing Dim towards the curbs,ooe
deceased companions showed him upon tie prisoner,
heard the deceased say, ~ hear you have got rsts
the prisoner sad. 81 don't know about thai = the Dc