The New York herald., 1863-02-11
The Homicide or Thomas Byrncs, Late
6Wporintc ndent or Lands and Places.
COUNT OF oYKR AND TERxIsER.
Before Hon Judge Leonard.

Before Hon Judge Leonard
FEE. l0-7Ae People w. Dennis p. sullican. at the
sitting of the court this morning Mathew strip called
fer tho and depced that he the deceased
fbos Byrnes met him the evening In question coming
with tho procession from meeting tho Cooper
Institute; came down Greenwich street with Byrncs
and Moore Witness here detailed ntiay the cir
cumstances OF the AFFAIR testified by John Moore
the previous day He further added that when he
the way tho frs man he met the prisoner with
ladder his shoulder; he the head OF the crowd
said boys suppose you putting up bi! some Of the
party said, "Ycs have been putting up bis another
said, Eyes, Smiths bills our next Alderman said
Smith would be next Alderman; Of suivan's
party tapped the shoulder and took me- one
side; al this time Moore and Byrnes came up
heard say that prisoner had pistol another
said he had pistol then he (Sullivan) said ne Dad
pistol heard Mr. Byrnes he would give him In charge
walked side and the two officers. MT Byrnes
and prisoner talking together did not hear what hey
said looked around and saw the Hash o the phto' 20
OF they appeared 10 be all standing together went TO-
wards Mr. Byrnoa and no told 10 get him carriage;
went and got carriage and took hm 70 the station
house, tho prsoDer stood about six feet from Byrnes al
the the Hash think the officers took hold Of tho
prisoner before he fired; when he told 10 get hmm
carriage no said no shot deceased was taken from
the police station the New York Hospital on Broadway
did not any blow struck by either the deceased Or
&C Cross examined by Mr.. sedgwick-I was born IN tho
First ward | am twenty four years of ase and have
lived there oil my hfe; cannot read or wrte never
arrested 10 my knowledge either tho prisoner or
myself offered TO bot $40 put our hands 10 our pock
but neither OF us hauled up; II about that time
Mr.. Byrnes and Mr.. Moore carno up did not hear any
thing said about nggers did not hear any one say hat
Smith employed niggers 70 put up bills Tor him. might
have been said but didn't say II some one of Soili
van friends took me aside and said 'Donr mind him
(prsoner) he In little tight the only thing that called
~ons 10 bet DO NJ" snow Who took sullivan 70 the sa
tion house from the time Byrnes caue up there was
lapse Of twenty minutes moro or less they were stand
ing taking the two officers there did nothing;
still the deceased had not hold Of the prisoner at
the time the ocers took hold Of him TO my knowledge,
that is AZ ! could see. Mr.. Sedgwick read this
witness' deposition before the Coroner, In which
he said that tho deceased had a hold Of t1e
Witness continuedI did NOS strike any or knock
any down did not strike young man named TirDo
thy Brennan, there not blow struck. Mr.. Moore
cangAt hold OF him and pui!sd him down on one knee
Byrnes then walking away, and told me % get HIM
carriage that after the pistol was fred
took hold OF tho prisoner and dragged him
down did not Byrnes have hold OF the prisoner bo
fore the pistol nred did not officer Mills there
night could say ho took hold u tho prisoner
that night and arrested him, was In company With
Byrnes and Moore from eleven O'Clock that night until
this affair occurred into the houses Of several Of
friends eight, and had drinks and SO
nr Thomas Robins dep ,sed that be aided in taxing
An ante nortem examination tho body Of Thorn ~
Byrnes took down what he said to me the prisoner aud
tho jury were present at the Time identified tbs writ.
ststemcnt IL read 0ver TO the deceased W me
slowly carefully took II down sentence by sentence
he delivered 10 aud then read the whole Of W
him precisely Ia there he died In half hour after.
Cross examined by Mr.. .sedswick-Thcro ono obser
vation by Byrnes after that written which not
there: he weak TO write his he made his
mark; assisted at ,he post mortsm examination tho
opinion Of four Ave physicians that the body mut
have bsen very much bent NJ the time tho wound wss
| inncted.
the night In question, In the hall Of bs
station house and heard officer HoDer ray "Aove on
or somethns Of that kind started from the stat on
hpiaa TdearY tbedt he Of lley
rather compact the only two knew were Mr. Byrnes
asd sullivan heard some one say "He has got pis
toln the proner said Eyes, have got one, and shat
use Il n necessAry" there we're about d,zen In ihs
crowd Sullivan Bynes stood face face the priso
with his back towards Cedar; soon I came w
spose 70 them there appeared 70 bs talk amongst bsn
.osaing,o and told them to move On; tursod
| my DaSk 70 tho crowd 10 look for onsccr
aid no. recognize ,hs vo,ce ,ha, .a,d 20;
there then appeared 10 be shutting scuning tho
changed places Byrnes and prisoner had hold o. each
other by the Byrnes had hold of prisoner By tho
coat with both bands the prisoners hands were up,
ne had hold Of Byrnes: had not revolver up
70 that time other onicer In the crowd that
particular time reached with my club in hand
the purpose of separating the crowd at that instant tho
pistol fred asked "who nred that shot, all ws
want is the party who fred the shot, sullivan instantly
said II bred the shot, stepped up him and put ~
hand his left shoulder said, You .
the way the station house told him he hid right
10 lre The shot az xe we're scient TO protect him hs
said he would do again under the circumstances
he swung for a. thint he han Cd me the pst at tho
station house barrel was discharged and two loaded
lidont hcs the pistol blows gwen heard none
ofreer INK as laid my hand on the prs0nef =
| shoulder.
| length 10 the relative sitsn u the larus
| know sulhysns voice ! did not recognze tho
Of saiyan he appeared be hing him back suii
~ against the wheel of mi then raAcd
club the pistol hfed the tins the shnt was
prroner and deceased had st hold or another
Byrne s-"msi 20 b. leaning over sullivan, nsbofy eiss
took hold u the prisoner except myself until ocef Pink
cam. np Mr Byrnea did hot make any request q have
tho prisoner arrested could not shethcr tho prison
the buttons % my at when Byrnes and he had
hold ~ another Byrne- certainly arge enough
have covered me.
Coroner colin fcposod that when Byrnes made tho
statement g. hirn no ssld be believed he as dJ ug
condition: hIs statement wa taken down ~ pf. Robin
sou, IN presence of the prisoner and the jury
Mr.. Caryin offered - read the dying statement
Counsel Tor tho prisoner ected the grounds that
was quasi Judicial oath that ninatnu b.
fore tho Coroner whore lbe prisoner had opgortauy
Mr. Hal referred - PhrIps on criminal evidence and
oontebdei for 10 admstiDtity
IN. court oyerrued he oboctou and prigoncr
ssl excepted
Nj Garvn then read the dying sta,Sneu, which is
Tlonss Byrue. being euy sworn aefo.,. and tay--
Two ocoss this no nias n ofeshsieh street bstnsen
other ssnuersn, he prisnsr al ohsrs
snes. ioind ,bat ~ we're nal.,as,n aad VI sng -,
into rith them, one csed ne other -bo
hin shy " ia = nj ia u ,a, tbsrs sss -, s,as y
ssesa is 'ss' < Ia r. -. ia ~ n e ~ @ y q
prey.nt him sho1NnsI don't kug~ Nhsth"r n
sssr tueaateiy he shpt me- 80
say never - alsnaaog wit ~ Ifsorer ~hst
s1r.pt bsg n him fte ts0l frcsgr ~
prisolsr Deuuis ", haltt SO tho sNQf
within four Ave fsel " him believe myself " BE- lu
dying condition, sua sh14i nos rwsUvef
1hs cosed tbe for the pr@scutun counsel far ibs
I~I-oner admitting that tao barres a Ib- pistol s"f-
loades and 0be discharged diagram a The scrne wO
also PIT IN and admitted " bo correct
The court TOD recess tor ufe~u minutes, snd - re-
assembling Mr. Speucef preceded - op~n the deiebc9
oontSdBs that Tho act Gas doue 10 ss o. eee AL that
there It'll absence ~ cnmlty Or fsvgIs ~ feeng
o. ti.s part u S8iyan eArds 10 decesssd. Mr. syn
cor In tba ~ Ls also stated that oncer
Horner had aismkssl ~ uac Police Clmn
Tor LIS sif.ctnu " duty 80 that DCc4elons
pr fOuk saunann ~ ths otoners n the city, a..
tsed that hs H. pfl~Dsr ~ thrcs years and
iA a. he knowledEe gre BE- believes him " b. lAos-
able, god cAfsn be al ropcnAxsr by trade ba. had
been ln the police
Cross sKAmln.d ny kr. fIsii-ssyer knew him 70 be
bll lostsr made hn ac4nAlntaDss a. politician. have
he.n Ls uf4yslgi n Als1 attended himself ald family