The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-13
THE TRAGEDY IN SOUTH STREET.
OF william Sm istocratAc Darktcs
In So1rt-Intercssing Testimony for the
Frosscathon-Openi for the Defence
The Act Conn tied IN 80 n Dc fence &c.

Before City Judge A. u. Russo


The Act Comm tilted in seIf-Defence, tSc.
COURT OF GENERAL SESSIONS.
Before City Judge A. u. Russell
Arm i2-At the opening Of The Court Of Sessions
this morning. city Judge A. y. Russell presiding Mr.
Luther c. Tboetls who about weeks back created
great sensation the Corn Exchange came up offered
pa in the OF 81 000 TO appear when notified and
the indictment which has against
b,m It charges that M February last Mr.. rbbes
mit,ed assault and battery with intent 10 KIM by
stabbing Mr.. Cornelius Vanderbilt, ianor OF the
Corn Exchange. with q kne. The magistrate
before whom the complaint was originally made did not
ward the papers the District Attorneys Office and
when hr Vanderbilt called Mr. Hall in relation TO the
matter the referred 10 the Grand Jury OF the
March term, by whom the indictment was found
warrant was issued and placed In the bands OF Frank
anghafn one Of the officers Of the court who served
u on Mr. Tiboetts. Mr. James Neal, OF 81 West FIT.
ieeDtb street, became his bondsman.
MURDER
Mr.. Hall then moved for trial the OF Daniel
Brooks indicted for murder The prisoner q slightly
built good ook ng qnadroon OF medium height He was
attended by his wife, ladylike. fashi0uaby dressed
person also quadroon, and his son, boy about four
teen years OF Amongst the spectators were large
number OF colored people Of all shades.
District Attorney A. Oakley Hall appeared for the
prosecution and Messrs. James l. Brady and Charles 3
Spencer for tho defence.
About hour taken up in empannelling Jury, a
number Of those called beng challenged by counsel for
the deience.
case Edwin 1. Butler, merchant, James J. Bsoas
baker; William Calender, -four merchant Harrison LIS
w. ,.
Anderson expressnan Joseph s. Adams clerk Philan-
der H. Hall, merchant Calvin E. Knox merchant; Ed.
ward j. Godfrey marble dealer; Moses X. Glines, mer
chant, and William Beard, Jr builder.
PROSECUTION.
Mr. Hall, in opening the for the prosecution said
meni for homicide az ,he deeree NJ mnrder n charged
that about Six O'Clock on the morning OF the I'd OF ebru
entered ibe saloon or Mr. nj Tho corner of En
ton aud South streets, for the purpose OF taking
drink Some word. took place betw cen them and the
od hiraai, 10 cronrhing doun hebind ,ha counter
M IIa ,han asbihed nnn ~ tha nrsn,sas wh,ch no
srs sxnanea and men handed 10 tbe nrv Tor ,hsr IN
snec,inn No than read tho evicencs Of mr. Erank .
Eps,ar horsa ,r0aon ~ INC Ne ynrs uosn,si ,arsr
h.soe T.e & u Wv non h nnoa
ueore ,oIoue1 Ie"s .naulnau rom wnyn y appcals
sna. ue ~ Mas aussu " 'rc e~ ao,k nosps
90 .ne "a u reoIuaIy sHnorng ron pistol or gun
died 10 TWO GAYS Tterwards
MT; wMm ia1ke, was 'ne nrs' w'shcss caeu u y. so
stan@' aua 'cs',neo .. ne aue~ sne ueceaseu, William
cmHn Was MT hch!niey saloon at SIX ocoes on .he
morning oi .ne "a =, n ehsssea oy 'ne sou.
uo ao ~ TUG oosc. =. .uo NV. ouu
o. inc Darroo do Dol zee NY one 10 tne argo oaroo
wncn nc ven. W sAceps Sil.n suu youns "an' ~en.
'mmouMey W s0S wsteI cioses wune t.ero NC nca,u
soIno ono enIcI ZIG oAs oo, anu nsaIu soic woIus,
ocaIo somelnus sso, oas u,d u.' nno" wuo spohe
u1a , sv n s: ~. ~ ~" ,so e,,rJ
spoke' sue noIs. - :ss s "
~ TUG cIus " un' =. ,. VIC ' s W pss y was
no over tnre minutes s.c. Nc lesr" INC .nen
cane out suu saw s,n'ln " 'os " sne ua anu youns
man was nodhg MN up' no one e'se was 10 tne room
Witness Won' IoT uoe.T eu nos SEC e''ner loicean
- s's p'iso.. -
not swear tnaA ne nearo SHh say anything wneh the
ns took p,ace' =, -, :. 49, 800. 49,,
,,nn oiaoy pAu = - ~ ''' e0'' 'N"i'
usc.ou. 49,. N.n,.. ,..,.eos 80, - -. .a,,os
wi v s ~. $500 !, ~ -, - "a :, $500,
,n na, ~. aecaasaa hsa nax. ssan h h.sore yor,
-, 70 W.. W. =, sc 80 @ ~ ,h 49,,
=, nc nsr,,sI ~ 49, sa, a., ~ Nc naa,, -. ~ ~,
ui,sd MN ha a. S,,h hs,her no NJ, Going ~
sseo n a nv ~ ~ A., nc 10 n uo so.n ~
S ~ ae he .nssorsS ass - ho,h oa,,os 49,.
49, ~ .rn. s.,omsrt An re,a,,"n ~ ,sa ahoo,Ina
IN south street = ~
r,adv rainn.d rch m cross ha ,v,rncss rst
rh;cb ~ss allowed y se' '' ~ "''''' "'''
h,,o,s nrrsa ,oot him n, ne heds,sc noher of nor
eons Including Mr. Mckinley we're within hearing when
he was making H. each sentence ius, as he uttered H. m
his own language his voice was low but very distinct
everything Smith said Was taken down ard Afterwards
read over 10 him.
Mr.. Hall then offered 10 read the declaration OF the dy
ing man, taken before the coroner.
Mr. Brady obj IL the ground that could no,
be strictly considered diving declaration and also on
the ground that contained matter strictly belong.
ing 10 such declaration
Mr. Hail said he intended 70 offer the writing In eyi.
depce at a later stage Of the proceedings
The Court decided 10 consider Mr. Brady objection AZ
The time the offer should be made
John FLYNN boy about seventeen wears Of age testI.
God thar m February Ls, he was engaged 10 selling m
and h,ed al ss3h Water street was al McKnIey's on
The morn nr in question went there about five O'Clock IN
the morning: entered bcRn ieys saloon by the south
street door there were several persons there saw the
prisoner baf hour afterwards at Me time lie
entered witness and David Nasle we're the barroom
and smith was beh nd the oar two other men entered
with The prisoner; smith was behind me bar thew
ged up 70 the bar asked Saith for drinks; Smith
stepped Up the bar and said. '-3entlemeu cannot
you The asked, "Why soi' and he said,
Gentlemen, cannot wait on youdon't you understand
me one OF them made insulting recDder Smith took
Up Snail piece OF and fred u at one OF them the
and used some bad language, when Smith
followed him ~ 10 The door Brooks then followed
smith to the door and said, "Althougb he black he
gentleman, while you dirty OF a bitch - Smh
put his hand 70 Brooks breast and showed him outside
the door prisoner pistol and smith Jumped
tHa haF No frtn p1 frrAt Inn md
bowl and fell and the Or leaned the and
shot nm Smith exclaimed be was shot, and tie prisoner
turned round and threatened 10 shoot all 10 the room wit
out south street and came back by the
Fulton street door, when smith sau, "iohnny, cannot
you do something for me- saw Brooks agan. under
arrest Few minutes afterwards when smith pushed the
prisoner OFT Brooks sa!d i blow your brains out and
drew J. siol from h's breast pocket.
cross examined BY Mr.. Bradv.-iad been IN the habit
Of gong 10 the barroom for about one mouth
previously had known Nagle for about six Or
gtt months had known Nike Barry be