New-York daily tribune., 1865-09-26

The Case Continued This Morning.
In the Court of Sessions yesterday morning.
lanes CLARK and James McDonald were jointly IN
dcted as accessories TO the murder OF nary L,i L,ni
on the Sd day of January last. McDoheiu Picadcaa
onilty Clark demanded trial Messrs. spencer anL
Curts appeared for him. The jury was selected WIN
the greatest care and every advantage given the pris
onsr Tss "Js Bst5et ,s IA Hail. opened the pro
ceedines by giving a circumstnptial account oi lne
murder Of Harry Lazarus. How on tho morning M ~,
the Sd OF January last Bernard freiy IN Go'PapS tpS
with James Clark and james Mcdonald went ato thc
sbop of Harry Lazarus about o'clock ana wDlle t1er'
Friery murdered Lazarus by staDbing nm IN inc een
with knife in presence OF the two, iasy ,nc, cart
| and Mcdonald. had at the door, ana pTocco"eu ~
Yorkville where they were arrested. ..,.,o., ,.o.
The first witness called Tor the prosecution was
Richard Birmingham.
TESTIMONY OF IICHiRD BIRMINGHAM.
am q coachman my place Is on the corner o, % %pne
hundred land.twenty-nn;h.st and lLrdaye.i ns' "a,
been there some six years; Twas enployga tvIe a
January; know the prisoner at TIE bar htst DecanI
ocnnonted with him on the second OF last JanuaTyi
saw him for the first time on that day az inc s,aDcs
I drove hin and Mr.. Mcdonald from IL o'clock lna. .
morung until o'clock next morning. was hlfcd hesi
morninr again by them aud stayed with lhen uhtu
O'Clock on the morning Of the third OF January Ieoyi
We stopped al house in Houston-st, between bToau
yay ana Cro,by.st.: IL was the house o fflefyi tHe
Grst saw of him 40 was coming out OF MS own door
and roiug In next dOOr tlcy stayed there TWO or te
minutes Clark and Mcdonald first went into fIieiy ;.
! STAYED there rev IliIlul'r' t''H 49, - 49,
| fogether whore they STAYED some 10 minuesi when
| they came out, one man. think II was hcDona.l,
JUMPED n the front seat another, the smallest OF we
three fell into the Sleigh was taking tue DlaKcts OH
nv horses, | drove them into the Bowcry. up the
Bowery and through Thirdaye. TO lorkvile; McDonal
seized the rens aud slapped tle horses BACK Win hc
o go faster; We stopped Seventy yrsst. at mouse
called the Ramble; While We we're gong along lAiiu'
ave- ono Of them remarked. he Is dead now, the so'I
of bh;" when he urged the horses on faster he tad
this Is the way 10 sleigh rde; We only stoppeI leN
! -. Ia H.uilp. then went 10 AlLtlN-
soconIst. they 20. on. here's there was no house on
the corner they started up Ninety secohas'' III tH'
direc ion Of Fourth.aye.; this was The last shw q
| thcm ! DO not know NhcIe ellAeF 'iH4A VI A'' N0
Cros..eramination by Mr.. Curtis-I an employed BY
Mr. Hadcy corner OF One huAdT.a aAu' Hn' y, ~, a.
making New.lcar calls; the first call was ~ loddllh
thoy only stopped there ten minues the oAcT pisets
cannot name. went to so many at each OiaI~ uran
freely; drank many times o. More than zen tunes
! A. o. YES cir l.aughterl was not drnnh; dlh nos
know when they out Of this place 1ai there la
/ been any difficulty never stopped O. hnTry Hin :;
there were ualy three four persons IN me Ahnple
went In too, and got drInS; the next day was not
| found dead drunk by the Corouers messenger; wa
found In ny bed, having been mp the Whole nieh'
before.
By lis Honor-Q You say they came ont ofnc1t door
whose place thati \. BERNARD Irierys ..,
lie direct examination dropped Ciark an, n
Mcdonald. Of Ninety second st.. drove TO tle
stable Embarrassed fed and rubbed my hoses anu went
up stairs TO bed t..
/ q lou were sober enough Tor that' n ie'' -"
reckon WIS.
u TESTIMONY OF JOHN MAGUlRE.
1hgve been policeman two years ara SIX hohtusi
never saw the prisoner before tie morning IN question:
il was 10 inmates past on the afternoon of the Jd;
i NcDoanld. Clark and Ercry were IN compenyi Wheh
\ frat saw them Was standing on the platform oi
1hird.ave car; followed TO a lager beer saloon
/ between Onc-hundrcdand seventeenth and one-hund
red and scnth.sts; was joined my way there
by two other ocerswc entered the place and arrested
t6em, Frorv asked me up % drink. rcluscii Clark
| end McDonald were siandug At the bar | knew Mc
Donald but not CLARK; was at the Coroners inquest
heard Clara make some statements there.
! Mr. Spcncer-"I 81 Ject."
The objection was warmly contested; Ir. Spencer
grC that II such statements were made u was before
proper Illegal Tribunal. and The proper legal records
should be adauood; besides the man prisoner and
The evidence given under duress.
Objection oyerrued exception taken and the witness
procecded heard him state that he was In the store
OF Harry Iazaius aud turned around 20 light his cigar
while he doing this the deed was accomplished.
| No crosse cNamination II this witness
| TESTIMONY or PHILIP scHEIfFLER.
! am the bartender Of the PeTk Cottage; know
Clark; on the morning of the 81 O; Jangary Clark.
fricry. Mcdonald and Birmnghnn came into my
store they drank tw.ce; paid little attention 10 what
they said, i heard one bay frlery LAD killed harT!
Cros..c1amined-No other witnesses wore present; l
asked Clark il it true fTiery had killed Harry
| Lazarus; he said Yes. IL ~ true"
Re.dircci-Cark said IN answer to my question. that
II was trne riery hid killed Lazarus, aad 1t was the
crueesi murder be had ever seen.
| Here the prosecution rested the case.
! TESTIMONY or MICHAEL MCDONALD.
reside In Spring ~; know defendant: was pres
ent at tie murder of Laznrs; was looking out OF the
window when he WAS killed; turned around aud saw
him bleeding on Tire foori Mcdonald. Clark IND Frery
got into the sleigh never heard him invited IN there.
| Cross.exauincd-I id not raise Gny alarm; dld not
estily AT the Cor0ncrs jury, AT the ta of Bernard
Triery; never tod policeman left Lazarus lying
| there aud went home not knowing whetner or not 10
was living or deal am cousin OF the accused.
| This closed the defense.
Able pleas made by Mr. Curtis for the prisoner.
and by MIR. Hall FOR the people.
| Ills Honor will charge the jury this morning
! Adjourned until this n uOrnlng at ii a. IN.
TIlE NAVAL RACERS.