The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-19

rush into his house with knifc dagger in his hand
and that the blade Of this weapon corresponded
with the wound inflicted upon the person Of
the deceased The prisoner, in his examination
acknowledged that be used the knife but maintained
that acted solely In self defepce that 10 had been
knocked by blow the head with cnb ia the hands
one OF the officers and that, fearing they would kill
him. he forced the necessity stabbng deceased
The trial, which occupied several days resulted
said before In the disagreement Of the Jury and the dis
charge OF tho prisoner ball. When Holmes falls
under notice he s arrested charge or forging
wice's signature 70 deed, upon which charge he was
tried convicted and sentenced ten yeaYs confinement
in the state prison. Through the inerposition Of
influential friends the prisoner procured pardon at
from Sing Sing ere he had served as''1 Sali
bis time. A year or more elapsed, and the
accused was once more deprived Of his liberty the old
intention TO try the during the present term the
Oyer add Termner, and the set down for yes
Mr. Hall appeared for the prosecution and ex Recorder
Smith for the defence. Considerable time wasted in
epannciling jury, but at length the following named
John NJ Foster ester, foreman Fred W. Kellenburs
Henry d. Clark John Bradbnrn
Tbeo. Gasbarry Joseph Thorne
Hezekiah BInce p. r. Asbury.
a. d. Knapp. Nathan Worey
in opening the case for the prosecution the District
Attorney stated that he would refrain from enter
rather tha. the Jury should hear them from the
lips Of the witnesses In his opinion the case was
jury thought fit TO bring 10 verdict Of mansaugh.er
the fourth DEGREE the prosecution would also be satisfied
nan ,Ssae one ,S o. the
alive, nsme,y:-Jacob Smith, member Of Assembly;
Josiah w Brown, ex,A Alderman, and Or. Nlchter, who
witnessed the occurrence and would state all they
concerning the case.
Jacob l. Smith, member Of Assembly, dsposed as
foowsI reside at 20 State street. know the accused.
John B. Holiness saw difficulty between him and some
was abor, twelve o;cIox at night: was walking down
Greenwich street. on the west aide, in company with
Mt Brown when about twenty-five feet from IS Green
witch street saw crowd the stoop: there some
noise there and Mr. Gourey the policeman said he would
60 70 the station house for help he started towards
Trinity place. and on his way met policeman named
sheehan they returned 10 the stoop where Mr. Holmes
was standing, and saw Gourley walking towards Holmes
Holmes the latter started across the street. towards his
house Gcur!ey started after him and by the time they
fen the sidewalk, saying be stabbed; sheehan fol-
lowed Holmes, and knocked him down with club;
owed With the intention Of arres,s Sm
dagger in his hand did not nterrere Holmes then en-.
tered bis house, and ran up stairs
Q. When you first Holmes was he standing, A.
Yes; five or six minutes elapsed between the time Gour
ley went away for assistance and returned again; do
not remember what Holmes said IN the interval
O. Did you Holmes or Gcurley make any motion
about the time Gourley fe9 A. think Mr. Holmes made
a motion az IL he was stabsjng.
Q. When Gourey fell how near was sheehan 10 the
deccasedS A. Two or three feet and was right behind
O when you saw GourIey fall did you 90 20 him. A.
No; kept my eve on Holmes.
G. How far bad Holmes got when Sheehan Knocked him
DOWN A. Five six feet
g Where was Holmes when You saw the blade u the
knife or dagger in his posscssions A. lie was running
into his house. and saw II in his hand; the blade
from five to seven inches long.
@ What became Of Gourleyf A. ] don't know; think
sam nim ~ the station house afterwards my presence
Cross-eSam'red-Q. Did yon know that any one had
been Knocked down when you lrst came up A. did
Q. Was Holmes not peaceable when Won saw hin,9 A.
he WIS did not see him make any disturbances; he
within ten feet oil his house when Sheehan knocked him
down; saw no one pick him mp did notice any blood
on his face; DO not remember how many persons fol.
sheehan we're three four feet apar. when Gourley
fell; Holmes might have been struck by Sheehan before
Gcuriey fell Holmes his stoop running into his
house when saw The knife in his hand; there were
three q four porons in all after Holmes when he started
BY Mr.. HALL had no feeling sgains, Holmes or Gour.
ley; knew Mr.. Gourley did not know Holmes except
date for Alderman at this timer
Mr. Hall objected 10 the question Politics had been
ragged into The case on The former trial. and be hopcd
that on this occasion the Court would exclude MI such IT.
relevant mnltcr
The codrt sustained the Objection Of the Dislrc, At.
torney md excluded the question
josiah ". nrown * Alderman Of the Firs, ward, de.
posed that he lived At 10 los Waverey place. in 1854
was resident OF The First ward knew David Gourey
and John b. Holmes, on the night the Sd OF November
1854. passing down Greenwich street In company
with the previous witness, when saw a crowd on the
soop OF house; recoect seeing tiourey ana as the
crowd was rather noisy my impression was that he
think Mr. Gourey attempted to arrest Holmes when
there was general stampede across the street;
nothing more
Abort fifteen, perhaps Mr. Holmes was one III the nrst
persons who attracted my attention did not notice
Gourey leave and return. as Mr. Smith testified saw
Mr. Smith cross the when Holmes went over and
passed on down the street then
q. Did you hear Holmes say anything while Won were
thcres A did hear him say something but cannot re-
member what Il was Gourey and sbeehan were both in
Cross.examincd-A. hid you hear Mr. pomrs mako
use Of any language calculated disturb the peace A.
tid not was Alderman Of the ward al the time did
not stay there than fifteen minutes did not bear
any blows struck dd not hear any one having been
knocked down and beaten By policeman.
Q. You were candidate Cor Alderman al The time and
was Mr. Homesf Question excluded by The Court and
exception taken by the counsel Tor Inc deience)
Ponce H. Nichter deposed TIM, az the time of the din
Guilty he lived at No 81 Greenwich street on that even
ing was sitting In second story window; there was
political meeting and some noise On the opposite side Of
the street. heard the raps cf p0lcemans club, and ia
looking ont Of the window ! saw two ofcers bringing
man 20 the station house coon Afterwards saw the
and ono Of the men backed and seemed 70 defend
bimse ngainst the o'cers when no was within three
powerful blow from one q the officers on his len the
blow was 90 severe that the man few across the side
rrsss sno No ee 'e on ,hs iron grating stocp Of the
officer, who was on the right Of tho man ran up TO ar.
rest him with his club 10 his hand, when no wheeled
around and said he stabbed after that the man got
up and ran into his house. two doors south OF me- there
was no one nenr at the Time and when they camc along
.oa INN wberc the man bad gone; the ran into
No. 63 my window was raised al the Time no that
could see. e' -
q How long time elapsed between the time the ON.
GERS went TO the citation house with nr,sopcr and ro
turned? A. About ten minutes
The officers were IN uniform could not say whether
The man had anything In his hand or nol only saw one
blow, and that did not dome from the man who said be
was stabbed ~ "
Crossexam,ned-l am physician OF twenty-five years
OF the head with oea,y instrument
dangorous7 Wv '' ~
Mr.. VAL objected . tho question on the ground that
there was no foundation Cor The question at and
the Court decided that the question wac not material
q You lear4 this blow7 a. Yea air n was Avery te
we're blow mould consider such wound very danger
towards the man al q rapid rate -
y the man had knife in his hand could you have
seen ~ A. don't know scarcely mputc cinpsed he.