The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-15

and heard shot fred rushed ever and fell the second
bond q the pistol and while holding i the third Shot
was tired by the prisoner.
Cross examined by Mr. Ciinton-As witness turned 70
70 tn after spcakng 70 deceased heard the latter say
"My God, can't stand ths;' Mr. Browns language was
spoken quiet manner when he addressed wtpess
durng interval that deceased spoke 70 witness tell
ing attend 20 his business and the moment that
the first shot fred Mr. Brown did not use his arms.
Re drect--Knew Mr.. Brown for the past twenty two
years (w,,ness here identified pstoL Saw the
the body OF deceased one ball went into the nipple,
went into the testcles and the other passed IN an
obque direction, gong into inside vest pocket knew
the prisoner before he had been frequentcr at the
house for four or i've weeks previous.
DIR Thomas Robinson testified as 20 his medical exam
nation OF the body OF deceased-Saw the body on the
9th Of September and made post norton examination
thereon found three pistol shot wounds on the body
the wound in the thorax caused death; something
OF the ARRAY he (witness) passing along at the
time was 10 the Tribune Office shortly before the shoot.
ing took place TO the door Of the Tribune Office and
saw pistol shot fired by the prisoner saw the tall man
IN the crowd fall his medical assistance was then called
into requiston and on examination found that deceased
strike the cripple
Cross .examined--The whom the witness described
as tall man was the deceased Brown struck the cripple
on the left side Of the face blow be gwen
with the clenched fist OF the crppes crctches
nv IN the air after the blow deceased struck out with
his hands after the shots fred il he were trying
10 get al the cripple again there not less than
twenty IN the crowd at The time the last shot fred
and it then continued accommodating the blow given by
deceased TO prisoner Knocked him down the prisoner
kept balancing himself on one leg after he arose and
he seemed to balance himself with great difficulty,
blow Of the severity which witness saw given would
cause considerable swelling prisoner had confusion OF
the head, apparently in the place where the blow
struck witness made two examinations Of the head
and found swelling OF the face the left eve was black
and blue, together with scratches the scratches were
however, four Eve days older than the confusion
Re-dIrect-It would not require very powerful blow
10 PROSTATE the prisoner under the circumstances
thought that the confusion was produced by blow
Robert Rogers, sworn-Iestied that he saw the ahray
was passing at the time, and saw the prisoner and Mr.
Brown Judging from the appearance Of things supposed
there alteration heard Mr. Brown say to the pris
oDer, "Now You go away from here or Twill make you
the prisoner replied, saying sWhar n dozen like you
could do it, Brown then struck the prisoner, and
knocked him down the prisoner then seemed 10 sustain
himself with stick and one hand aud fired Mr. Browns
hands were raised at this time, IN posture OF self
defence, both parties the stoop when the two
mrs, Shots were fired after which they both came of the
stoop, the prisoner hopping around.
Cross eXamlped-Mr. Brown was large, powerful
man.
standing between Mr. Brown and the prisoner when the
ARRAY took place, between the Sunday Times Office and
the Pewter Mug at the edge oil the stoop witness here
corroborated the other testimony relative 10 the apollo
getc remarks OF deceased when he hit the prisoner with
the basket Prisoner called deceased Of bh and
bastard and other names aud SAID that before he
Brown left there he would put holes through him dur
ing the time The two frs. shots fired the prisoner
all the time balancing himself but he fired the
hair struck Mr. Brown after he had struck the prisoner
Anderson McCutcneon, sworn-Knew Mr. Brown bv
eyesight the prisoner about five inmates before the
shooting IN the Pewter Mug (Ihs witness corroboated
some of the testimony as before given)
Thomas Houeston, sworn-Enew the prisoner: saw
HIM before the Goth OF September he had scratches
his ace and also Commissions before the Goth he received
those scratches and contusions aloon called
The 'uomno on the wednesday preceding the shooting
lewis ferguson testified that he was present al the
AFFAIR Knew Mr. Brown dla not know the prisoner, but
had seen him before heard the prisoner say that he
would put holes throu deceased before he away
after the three shots saw Mr. Brown staggering towards
the Sunday Times Office door.
The pistol and the diagram g the Pewter Mug here
Gfered evidence, and the for the prosecution
rested Tie court then adjourned 70 friday morning at
O'Clock