The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-25
Trial Of Theodore Yates nbr the Akacgsd
Murder OF Omcer Curran.


Theodore Yates charged with the murder Of Charles
Curran late ofcer Of the Forty precinct Brook
Ign, was yesterday put upon his trial upon an indct
ment charging him with having the LIST day Of Octo
Dor last fred pistol at officer Ourran thereby causing
The occurrence, which resulted in the death Of an old
and very worthy officer, caused great excitement at
the time from the daring and reckless act OF the alleged
pistol with which the officer shot at another party
named Kenny, who barely escaped with his lifc
sequence Of the crowd attending political meeting, at
which he was an armed voter at large DC had nrst,
without the slightest provocson discharged his pistol at
hands This drew the attention Of Mr. Curran who at
once was convinced that Il tho prisoner who dis
him he was fred upon BY Yates, the ball taking
effect in the left side OF his head racturng the skull
from which he died IN four days after Yates was ar
Brooklyn, being discovered concealed under bed still
holding the murderous weapon In his hand.
The prisoner, though young being only twenty-tw
years Of age, is well known among the worst haunts Of
Brooklyn, and his present position an alleged shedder
Of blood neither takes the police NOR those who know
jury having been empannelled without much Difficult
ty District Attorney Morris opened the case for the prose-
cution, detailing the circumstances connected with the
affair
TESTIMONY So1 TEE PROSECUTION
Or. Spear the first witness examined, who testified
that the of the death Of deceased from dis
organization of tho BRAIN caused by some external In
Dr. Kessan deposed thai he had been called upon 70
perform operation deceased the day succeeding
the assault upon him. found him suffering from injuries
small portion Of lead found in the external wound
showing that had bean caused BY bullet performed
ton, gradually got worse TIL he died.
TESTIMONY OF EYE wzTSns3
Lewis A. Gardner being sworn, testified: -Waspresont
at the political meeting held al the Of Hudson
and Plymouth street the LIST Of October last
suddenly heard the report Of pistol shot, and mmedi
atey after heard say that had been shot
then man run from the crowd, whom he among .
large number Of Others pursued policeman came round
the Of Water street and seized the runaway when
witness heard cry out "Let CO. I'll shoo;''
pistol almost instantaneously discharged and the
policeman who seized tho prisoner out from the
crowd who had followed up TO that point and said I'm
On examination witness said he did see the
man discharge the pistol, could he recognize him.
John McKenna deposed that he was al the political
meeting referred TO; In the crowd when he heard the
explosion Of pistol near him and felt as II struck BY
close by holding pistol In his hand could not tell who
the pistol aimed at and knew Of no trouble In the
discharge Of the pistol away, when witness with
number OF Others pursued saw him seized by deceased
then heard another pistol shot could not say who
Daniel Carman was the NEXT witness On the night Of
the shooting officer Curran running after up
Jay street; the officer when he eezed the
the latter cried out tLet 60, III shoot YOU" the
had pistol in his hand heard the officer say Catch the
prisoner then fred and deceased fell there
other shots fred in the crowd after that; did
whence they came did not see pistol in the prisoners
hand.
SUMMARY AyyAR
From the remainder of the evidence Il appeared that
the prisoner after fatally dischargng his pistol at
officer Curan got away from the crowd and continued
his fight The shots subsequently fred supposed TO
have come from some party or parties In the crowd
directed against the runaway. He in running trpped
In Washington street. and fell and then he again dis
charged his pistol From there he on to Main street.
and the OF Front where he entered Mackeys
store, one Of the witnesses pursuing him. Upon this
person he turned and said, sSand back have shot
men already From this place, after but moments
delay the prisoner continued his fight through York
street TO the OF Pearl his way again swapping
his pistol at an officer the pistol luckily not going OFF
Here he entered Tammany Hall, political rendezvous
where he concealed himself under bed ON the upper
story. Here he was arrested with the pistol-a Ave
shooter-wth one charge still unexploded.
rHE DEFENCE
Elizabeth Wood and Mary Ann Baker gave testimony
to the effect that the latter witness had been moving
niture the day Of the murder; Elizabeth Wood
the prisoner helping her; they stopped the
ing when alteration took place Yates and
some parties In the crowd heard say, Let's
give II to the son Of b-h" prisoner was knocked
down and kicked after he got up they heard the report
OF pistol and saw Yates or
Mathew Yates father Of the prisoner testified that the
prisoners sight was bad Another witness TO the
effect.
Upon this testimony the theory raised that when
pursued by the officer and seized the prisoner could
distinguish the officer and that he still considered himself
pursued and beset by his former assaants accordng
the evidence OF the two woncn and that he fired In self
defence.
This closed the case The summing up will commence
1t the opening Of the court Al ten O'Clock this morning.