The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-02-10
The Homicide % Thomas Hyvrss. shs
Asperi.ssaas1 s 0s Ls sas sas Psssss.

The Homicide % Thomas Hyvrss. an
ssperi.ssssass es Lssas sss Psssss.
| COURT ~ ovss ara wRssssx9.
Before " y. Jsags Lsocara.
FKs On Pc7li D4r~i -. sgAa-.-rt'
| prisoner In thiS c.. u ch.f-ei ~.gh the rfs ~
Thomas Byrnes late = eatNasca. a Lads sas riaces
during the rcccnt oity ccct ns &c roenDsr lat rh'
circumstances occurred recenly iors ~n
rscollect tn. Mr. Eyres wls fasar.,s 40 az NJ.
Fox, the then candidate Tor Adormss ths Frsa ward
Tbs prisoner engaged anvassinS Or the srpssag
candidate An alteration ths prisonss
aac teceasea, I'D Nr. gytnes roceisoi pistol sh,s
wound, OF ben lie ded.
Tie prsolor athletic MAJ ar aho,s thirty ye,rs Of
ago e e eGdcd oy eS Recorder smith and b sss John
sedswick and las Spencer. Mr Oakley Hail. District
Attorney and ls assistant Mr. Garvin apsarei Tor mo
| people
Alderman Fox son-a-'aw Of decaased. snKioasly
| watched The prucueci gs
Severa Challenges interpnsp ~ ths pris iner's
counsel somo jurors we're act ssre Z having cnnFcicn
tious scrup and others Tor having formed or expressed
opinion On tie aair zen psroa ptory cha lenx were
exercised ON tho part Of tho prosec bv lhs
| prisoner counsel.
| The following are tho jlrors EN- .arneIled -
1. Henry v Pearsall. Z. John Siran,
| 2. Seth II. Graul s. na.id ,.rifiths
| 8. Charles J. bolder. 9. leopold FREUD.
/ 4. William W. Ia a. 10. Geo. L. Oycri,Olssr.
| 8. Hans J. Hansen. IL wra Mclean
| .; orrins TITUS. H. jesse Davis
prosecution He detailed IND oircuns .nes I, apicars
that on the night OF The 18th morning Of the p Of
ing quietly IN Greenwich street and bis attention
called 20 something al the othe side Of the street.
that nigt b. means d loaded pistol pornis suiliyan
slew Thoals Byrnes There ia dispute about ID At
fact, and II remains Tor the prs TO show the
star uadsr which no took tho le AMI establish the
salts action Of tho Jury Jnahlc or eycussble
for the act before they could him az the crime with
which he stands char Oh VII hc proved that nyrnes
was not armed and at the prisoner la, pistol villa
| him. every barrel loaded. seven frcuds we're
him, and three rocemen calmly looking tue homi
\ eide without the slightest interference their rat.
George Brund'gc the irst witness examined, dcposci
that he lived At No. =. Liberty street part q tho
premises cono out 10 Greenm ch street tho
first floor Ia Greenwich the night IN question heard
loud taking heard some oan s.y If WAS White man
niger I'm Hs good democrat you aren therc
from twelve t. hftccn peDug the SIDEWALK they
monced jawing ooild MOI tell al lhey sd: -omo mo
said .lnuk out. Inc has got pistol another said eyes
he showed Il once before To night he said YES, have
pistol, I'm oo AFRAID or any IN the FIRST ward,
then, made a rush al him and sad 49, - -
one OF them seized tn" pistol, and the lie flash
near the ground heard tho report OF the pistol; not
more than one the crowd then dispersed and somebody
said TO poll enan Udcer, am IN your oh .rge = did
not know any Of tho parties tina, could recognise;
window sill was not more than twelve or fourteen feet
| from the side~as sotae policemen there, they
we're awning before the shot dd not hear the police give
more than from 'hrco to five minutes IL was between
| one and two 0 clock
Cross examined by Mr. ScdgwIck.--The crowd was
about twelve TO fifteen, Including the policemen did not
see any one k1ockei down ono d the paf,es was pressed
TO MT Oayni could not see any races 80 rs 70 reco-
nisc them
Or Kennedy depoaed tina, when deceased was brought
10 the hospital was worry certain lie could recover
be had pL IN shot nd 10 the abdomen he taken
to the hosrl a, three o'clock In the morning and ed ut
i've O'Clock that evening from the effects OF that wound
| told aecsSsod that he in very critical
position. and advised him Il he had any Will to
make or Affairs - settle TIM, he ought 10 do ~,
he theS sent for hts friends and ode hs
arrangements; saw the Coroner take tho
examna'on 3urues said ho Jolt sensiby his liability TO
death.
Cross examined BY Mr. soagwick--Tho ballet entered
below tho rmblcns md passed TO the opposite side and
downward and lodged ~ the -acrnn the place where tho
bullet lodged WAS consderaby lower than and little
oblique from whore Il entered; We had discussion to
tho position q deceased when shot came 10 tho con
clson that he must have been bending forward or the
per7 who ahot him must have hred from height DO
not think possible that the wound could have been IN
hicted by person standing level with the deceased
John Moore dcpored that on the nigh. question he
and Mr. strip anil sir. Byrncs waking along Green
wich Stree heard party Ut Ike other side Of the
street they hal music Dir Byrues pulled %, hrs watch
and said wac TAO Ia'e g. NJ % the Third wsrd
-ida Mf fSrnos md turned 10 20 home heard somo
cay y be. SO ,eccguizca tho prisoner when
any money o9o u party called Ar strip aside
and sad, 'Don't mind him, he's drunk th" prisoner
said, 5ere comes Byrnes and he csa hold thc money
the prisoner did not o1l "! any money
y; III is5. !: ;o " i:sd i; liz sil.oIs; S-H:i
angry ByfIes said no woald give him IN charge u
officer of'cors ur and Raid "Dsperse this
crowdn Mr Byrnos sald, ~ gyc this nsn IN charge
you the officers moved IN towards the prisoner tho
party that with tho pr gaLcrti around the OF
ncers and ,he dcccaf one q tho party ssd the prisoner
the took hold 81 the prisoner Mr. Byrn,s
had hold Of tho prisnfr but st miro when the police
S s Sa Z ap 81 Tho s' s Ts sr1 $.
(Ryrnesl ives standn. up whca ~ peiol ven. Oil and
was about three Il four fect IRON tho prisoner q the
time tho prisoner ard deceased about rho middle cr
tho sidewalk there awning whore this occurred,
there wan street lamp nearly opposite Ryrnes walked
around q the station hoasc With officer tried y get
hold o, clio prisoner and tn plsto there only s!r.
Bynes. Mr. strip and myself !, o.r patty: there w'ro