The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-20

Trtat ostJohn u. Hsamss for the KiiiiuQ
OF Poiiccman Gourtcv.
COURT or ovuR AND rsRAnHER.
Before Judge EAoaard.
SECOND DAs
tue tria o. John d. Homss, Cor the kfng Of poiico
man David 0ourioy tho night Of Nove.ber 8, 1864
resumed yesterday before Judge Leonard Notw,h
standing tho noemency Of tho weather. tho courtroom
crowded and tine interest Of the spectators continued
unabatsd The prosecution having rested
rae CAaa FOR THK DEfENOa
was opened by Mr. Spencer, who called The attention OF
tho Court 10 reports OF the trial published OF
tho newspapers stated that such reports
cuatea 70 do great injustice 10 hIs client flo hoped
Court would instruct the jury that their minds no
70 DO preiudiced by such publications.
MI Hall said the presumption Of law was that the Jury
nad oDeyed tho injunction Of tho Court reference
such matters. and thought was unnecessary for his
Honof 20 syo any further instructions tho subject
IN reference to acts OF any newspaper ID can IA 40
after tho present case disposed o. fhe Jury had
aud would, doubt. faithfully obey tbs ,n"nctiou 81
the Court received on the previous day
fence taking the ground that case was one az nss;S
abc homicide. and that the killing GourIoy no claimed
was necessary Tor the preservation Of the lie Of tho
Mary stewart. tho grand@osnsr OF tho de,eodan, was
immediately after tho stabbing Tho doscndaut's head
was ono mass q blood and was covered wish bruises
90 tho aocf about three-a charters q an hour whom
policeman camo IN and said ne must 90 70 tho satoa
BY Mr.. Hall-Fhc prisoner was covered all oyer with
blood, aud his shoulder was black and blue Mira Stew
art who eighty years o. age and completely blind
Dr. Van Eisr depossd INA. he waa Formerly 10 tho habit
OF attending at the Frst ward station house, was
called TO attend to Holmes and Gourey BOTH the prisoner
insensibe, and was obliged 70 apply stimulants,
khn~nr mad IF I'm hnaA
lowed freely afraid ne had conc or the BRAIN
and advised tho police to take him TO the hospa
ders these black and blue marks may Ia fifteen
minutes after receiving the injury the effect OF blow
OF heavy WOOD and death may take place
from the effect OF blow several years after
could no, say whether had boo drnknS that
night or not, considered Holmes wound very danger.
GUS one at the time aud told the officer In command at
station house that he the worst OF the two paen
O. Would such blow as Holnes received be likely to
produce temporary insanity A. Yea
| dangerous than Gourleys A. Yes
O. Did you examine oouret and it 80, what did you
fnds A. found stab wound in tho chest which ap-
peared to have been Inflicted with sharp instrument
O. Have you any knowledge Of prisoner evor having
been killed by O. blow from one OF these cub59 A. Not
that remember think have hoard OF such at
tho hospital.
William Koanevan dsposed that he was present % tho
night Of November g. 1854 during the difficulty between
Gourley and Holmes. Policeman Sheehan mad hold
S hsnd n ar mo came across the
For Gods sake don strike the on the bare head"
Gourley was present at tho time sheehan addressed
fere with my business" Holmes said he did not moan
% interfere aud would rather assist him. but no did
ike to SEQ man struck on the bare head friend OF
pushed into the gutter By sheehau Tho latter wa asked
and shssuISu arrested him Homes IS
Callahan to 60 to the station house quietly that no
then took prisoner TO the station house, shortly
afterwards returned and towards Holmes, who was
| han said 'There is Holmes, the son Of b. and we
| will arrest him. Holmes said he would DO no such
him at any time shochan thsa approached Holmes who
| endcavored TO defend himself; Sheehan tnen struck
e tbna Holmes on tba
and the two policemen on top or him Gourey and Shee
han werc both beating Holmes With their cubs; they
struck him fvo six times at least then heard 0our.
| Icy sgcaim that no stabbed Sheehan jumped up,
struck the alarm rap, and ran away Holmes then ran
into his house which was within few feet Of the spot
whore hc knocked down; had known Holmes about
two years at the time OF the occurrence Gouriey ap-
pcared 10 me as though no was little under the Influence
BY Mr. HaI--l did no, SEQ Mr.. Smith Mr.. Brown
there during the difficulty when Sheehan went away
with Callahan Holmes said he had got sheehan on the
police and would get him dismissed from the department
Tor his conduct that evening Callahan was clerk in
Sarah samuel Of No II Dover street. testified that a.
the to Of the occurrence ahe resided at No 60 Green
wich street. witnessed the difficulty between Coils and
| policemen shoehan and Gouriey witness and Mrs Coils
| took hold of Dir. Coils and dragged him In from the
came up and said "for Gods sake don't kin tho By
| striking him on tho head"
BY Mr.. Hal-Whcn Holmes spoko to this officers they
let go their mold on Coils, aud We dragged him 10 and
Eliza Wright dcposcd thst shc was the mother or tho
prisoners present at the Coroners inquest upon
body Of G0urey tho prisoner quite nsensbe during
tho inquest and had 70 be conveyed 10 the Coroners
Office In carriage; whom ho confined ia the Tombs
he attacked with eryspoas OF the head which lasted
some time his head all swollen. and from that day
to this, II no akca the smallest drop Of Spirits he be-
comes quito Wild
John Dalton deposed that was assistant captain OF
police in November 1864; saw Holmes at tho station
house in Franklin Market the morning after tho
renee, no appeared 10 DO pretty we'll cut up could
say how many blows he received az did not examine
him; he appeared TO be exhausted and in pain Captain
Hapin told mo not to talk TO Holmes.
By Mr. Hall-Homos was in tho of1co Of the station
house, did not tho wounds his head account
OF the bandagcs was not friend OF Holmes;
spoke TO him at the Time not the best th
Captain Halpin but quarrel was purely miDstcral
detailed the circumstances attending
the stabbing pretty much In the language that
used by the witness Kennevan. Saw Holmes knocked
down by Gourey aud Sheehan did not see Holmes
knife. did not soc an ything 10 his hand.
The for the defence hero rested, and Mr. Smith
proceeded up the evidence behalf OF his client
The counsel spoke for about three hours, maintaining
that the killing done in self defence. aud that the
defendant was entitled TO an honorable acauta at tho
hands OF the jury.
AZ the conclusion or Mr. Smiths remarks the Court
took recess until this morning at eleven O'clock when
Mr.. Hall will sum up tho case for the prosecution,
Court OF Sessions.
TO THE EDITOR or THE HERALD.
In the reported the HERALD OF TO day Of Burke
Fleming desire TO state that name IL not Thomas
Fleming and that am not barkeoper In Centre street