The New York herald., 1865-02-16
Aoou. ono hundred and forty pounds or something IKE

About ono hundred and forty pounds or something IKE
that
d Hs made the matter Of lighting . science did he
nosf He understood the thing, but he had left that
o What was his business sirs 4 Hs kept liquor
Q Asia Houston street, A. At II Houston stree.
By Mr. Hal-He was professional puglistf A. He
o q That is what yog mean by fighter, A Yes, sir
some twenty or thirty years ago.
0 Had your son ever fought prize ashtss Objected
Recorder-How is that reisvantf
Mr. sedgwick-l want 70 show the muscular ability Of
the and his disposition with reference 70 the
Il Is hereafter TO be developed
Recorder-Within how recent periodf
Mr. Sedgwick-Having no instruction cannot say.
II had instruction ON the subject would limit the
The wItnsss-Yes, he had in 1857
q Since !henf A That was the time he fought two
Q whersf A. In Canada, tho other side OF Buffalo.
9 Were you present At The .imss A sawit.
Was that the last fight that he Fought a. That is
the last Oght that he fought
Q Did he ever have any prize fight in California; A.
q Was he second to prize fight in California; A
q Was there prize fight in California or q fight in
| California at which he present.
BY Mr. HALL You were not thercf A. was not
Mr. HALL object the testimony as irrelavent in the
first place, and, secondly, that it s secondary in its
nature.
The Recorder do not think il "a material Tho w.t.
| ness says he was not in California at the time.
@ Was your son present at prize fight in California;
believe he was present; would not tell story about
| III; 1 DO not Know anything about the matter
Q. Did he on that occasion kill a man. Mr. Lazarus
Mr. HALL object 10 the question.
The Recorder-He said he had no knowledge Of the
Mr. HALL do mot object to IL on that ground. II
to me in the highest degree rrelayent these
questions particularly they cannot bear upon this
| In any form, manner shape.
The Rocorder-It might be made to bear upon the
by evidence yet to be introduced spossibe that
he might show that this man was of fighting and quar-
relsome disposition, and that he had made threats
Mr. Hal-The General Term decided that under no cir
cumsnces could the character of the deceased be gone
into
The Recorder-It could be material in aspect the
case.
Mr. Hall-They must show first that the prisoner knew
the character Of the DECEASED and that they have not
The Rscorder-In the case Of Pat Mathews ruled out
tho testimony similar point, because they did not
show that the prisoner bad knowledge Of the charac
ter Of the deceased and the General Term sustained my
decision.
BY Mr. sedgwick-Q want to know if you know any
thing Of the fact IL II be fact OF your having killed
man In California having been arrested for j. put IN
Mr. HALL do not object to him answering. know
the tactics Of the defence and do not intend that the
jury shall have the ingenious argument addressed to
them that shut out the question
witness-No, sir do not know anything about III
5uch y thlng never happened.
O. Never did happeny A. Never did happen
Q You mean none Of those things happeneds A. Not
that no killed any one or was arrested rput under BAIL
or fed to this country.
TESTIMONY OF HENRY COENELL.
Henry Conne, sworn ana examined by the District
Attorney, testified as follows
@. How long have you been sicks A. About two
q You have been in the house of detention have you
not, witnesss A. Yes, sir.
@ What is tho matter with you-erysipelas, is MT ts
A. think
O Well sir in January last what was your business
tho early part Of january A. was attending bar for
q 'wheres A. No - East Houston street.
O. How long before the I'd of January had you been
with lazarus? A. think about four months.
q Do you know Bernard Friery, the prisoner at the
O Did you know him on the I'd Of january A. Yes,
@ How long before that had you known hims A.
q Where his place of businsssS A. Next door,
No IA East Houston street.
O. That Is the north side OF the way between Broad
way and Crosby, ism, iR A. Yes sir
@ To your knowledge is Lazarus alive or desds A.
q Were you present at his deaths A. Yes, sir
q Now, viii you tell to the jury, in your own way, all
that heard and saw immediately previous TO the death
Of Iazarua when and where ID "A Well be-
tween three and four O'Clock the Sd Of January
Tuesday morning-Harry and were foong in there;
through the shop there the door opened and Frery and
ive six came in with him. and one fellow
they call California Jack says as soon as he came in I
bet hundred dollars have got man here that will lick
any in the house, and nobody said anything about
IT, Jack turned around to Bernard Frery and asked
Barney what his weight did not hear Barney make
any reply him, they called for cigars then and
while they getting the cigars and lighting them,
dollars [ have 80. man here thai win take that pistol
from YOU Harry; and Harry says, "iil bet you ten
dollars that You hoin; he says I'm bet have; says
Harry You won't, because hant got none, and he
throwed open both his coats and showed them that he
had no pistol no spoke to Clark and Mcdonald, two
young men who came in with Friery, told them
In have
Clark over, and Kind Of mace up friends, some
thnx and then the next thing seen was Ffery STEP
ping lp shake hands with Harry, and Harry beld his
head down. shook IT, and he IL don want TO shake
hands with you" aud he said something about he hoped
there was somebody else wanted CIGARS and had
spoken to Clark for TO try and out and not have
any there; Cs and Mcdonald said there would be
FUSS that they would see that there was no trouble at
all; turned round TO get the cigars heard Frery
say, "You arc good little man, Harry" and as
l turned back to the counter he had just drawn a
KIN e out OF his neck they all started to out thcn
and Harry staggered over against The table, got his
head down KIND Of on his LETT sde and put his hand up
lis ear before he staggered against the table the
| blood squr,cd out twice of this hole IN the neck;
there was towel lying the counter; l caught ue
towel and run round wrapped IL around his neck
just as got around 70 him and caught him he had ono
hand on the table JUS. falling over; cengtt him and
got the towel raud his neck, lac seemed AS though lie
trying 10 sLagger To ne door; caught him about
bali the his hand dropped down from
his head hs mouth opened and could not shut IL; so
though he dead then, and laid him down on the
foor, run out then for policeman.
" Let me BACK now ana ask you rev qucStlonS
You say between hours O three and four Tuesday
morning, the ID of January you wero fooing with
Harry A Yes. sir
q State The Gry what you doing that you call
fooung. A. Well, ! telling him he had better go
home, aad he asked me II thought he had, v knew
bette. than him says l. '.Yes;i he came up To
anu commenced kicking In the shins and kept say
Ing, "Eow, do you think l will SO home;" he kept
kicking the shins.
O. fhat what you mean by itf A. Yes, sir
q Now, at that time who was In Harrys placer A.
That Is more than l can sayf
. Was there anybody then inS A. I ulnk there was
somebody in when they iirst came IN ann not sure,
bat know there bve or SIX come in with triery
do know but there or two after that crowd
in
q Now designate the individuals Of what you call the
crowd-name them. A. All l know were Bernard
Frcry, Clark Mcdonald and this California Jack; that
ID Nil know.
We're there any besides those that you did not knows
A. Yes sir there might have been half dozen in for
all know because had pretty busy morning of it
tbcy were and ali the time; IL was just ator New
Year 4, ana the boys had been round all night.
q. WHO coled Tor cigarsf A. California Jack under