The New York herald., 1865-02-17
6r. ssdswsck-rhas : objected 10.

Mr. gedgwick-That y objected TO-
@ IelI hc jury aaythng thai Frery did % hs COCA
sion, tho night b ore Lazarus kilcd between tho
house Of lazarus Il Eas Houston street. on the night OF
the "a OF January WHOM tho prisoner catered stepped to
lunch table, sspsd e,%.sf ,n and and friends then called %
lunch table, ase something and afterwards picked up thc
mustard cup from on the table, and throwing IL across
Ho. soon after doing thai did he leave tho house'
A. linn diateiy.
Yca were behind tho bar whore ysu no. a the tmss
q Whereabouts was tho lunch tables A. Near the
o The vssiiSule door q Houston sreoa A Yes, air;
o From therc he took the mustard cup, ana agaanss
what part OF tho wall did no throw iR DIRECTLY oppo-
SITE the edo the bar was on but sovera iees
Boswoen the bar and the inside door, u mott A.
O . Was Wa the cup broken, A: No. sir
Q What was il made of-whst was mo masenAH A.
China, sir; IL was not sung violently
Cross examined by Mr. Sedgwick
named johnson, / believe; sm NOS certain; could
q What Vas Fery's condition when he came iu' A
@ Yes, sir A. He was int0xscatoa
By Juror Q Did Mr. Friesy pay for what no hAdf
Objeoted V. Objection sustained. ' -.-- y. +
q rEsrsnoNv or DAVID BARRY
David Barry, sworn and examined BY Mr. Hall, testined
barry, d.d you know yrsu on tho 1T Of Jana.ty
q q nd you know hasaruss A Yes, SIR
d You nwere not there, believe oa 10 morning OF
o Were you there the morning previous the day We
celebrated e New Yesr'1 = A That was tho "a "a ! was
bciieyc 1t vas two O'Clock; il may be later.
That is between Sunday sunset and Monday sunrises
q L was after midnish. and towards mornIngf A.
q Tha. is as as you can describe the timer A.
q Did you sec Friery in theros A. Yos sir; he camo
@ How long did no remain in theres A We'll, ne may
have stopped thero ive minutes; it may be moro.
Q Was any one with hims A. Yes, sir; young
O. Do you know his namei A. No. SIR
@ Did you hear him called any name BY Friesyf A.
state what Friery did and said in there at the timer
Harry Lazarus close by the stove opposite the bar;
thore one In the barroom at the time only Conne
Friery and another man in; Friery came in
first walked up TO the bar and called for . drink;
drink he leaned on the bar with bis back towards
the door and his elbows in this manner (showing) he
called for drink Conns was benin behind tne bar saoa no 10
his right hand and held II in this manner (showngl
stuck in the bar and left II there for moment saying
ssthat will settle, be the death am not surc between
tho words) Of some Of b-h yet"
.Yet" or .hsre," A. No I don't @ know y whether s
s have s said so but took i as the word that ho
How long did youu say he left II sticking there,
A. short time; It may be few seconds.
@ What kind OF . knife IL A. 1t a knife the
blade should calculate was about seven inches long,
hsndle, may judge, was about three inches
O What the color Of the handler A. The handle
O What did he do with the knife If anythingf A. He
took out Of the bar and returned to the place he
q. You say dagger or knifss A. Well, it was dag
ger: both the edges were alike.
O. What was tho depth Of the blade do you think A.
It may be an inch or one and quarter inch, or therea
bouts; could not exactly tell
Q How long did he remain in thercf A. Only fcw
Cross examined by Mr. scdgwick-Q You were born
in England, Barry A. Yes sir.
@ What Is your occupationf A. Tailor
O. Do you work at that nowT A Yes, sir; work at
thst now. 4
Q Wherei A. At my own home.
months since lately have been at work for Mr. John
Lazarus.
@ You don't work now At your own homer A. No, sir;
because can't get none.
Is that the rcasonf suppose that Is So il is So
@ For what Lazarus do you work. A. John Lazarus.
Q Who Is John Lazarusf A. He is man, guess; he
an whs. sort pssss a bsrToom liquor store
whichever you may wish TO call i
@ dancing placer A. Well, yes, sir, there was
O That Is the brother Of Henry, it nots A. Yes, SIR
O When did you como to this country A. Last May.
~
o what mean is prize nghteri They call me such.
But they do not truly, is that ~ A. Yes, sir.
WSsrss W1SS S'u A soIsn IL Amsrios s cs'"'S' oA'
O wheres A. In the state of Pennsylvania
Q whcni A. don't recoect how long, sir.
@ You came here in May; cannot you tell us the
month"; A do not remember the month fought.
Q Don't you remember any Of the circumstances A
remember the circumstances
@ Who was your secondf A. There q young man
by the name Of McGade and another young man by the
O who was your backcrf A. Mr. Hollywood was,
hear and Mr. Trainor hear that Mr. Lazarus was but
q Which Mr.. Iaxarrss A. Mr.. John Lazarus
O Don't you attend ightss A. No, sir; have At
tended ono since have been hore.
Q What one was thats A. It was fight last week. in
Q Were you Interested in that hsh. in any ways A.
No, sir, not in the least.
9 Who fought that nghtf A. Two young mon.
Q Who were thoys A don't know them
Q Who the secondss A. do not know.
@ Who was the refereeS A Mr.. Lazarus
O Which LazarusS A. John Lazarus
Q. The brother Of the dead mani A suppose go
o week ago, A. Yes, sir
Q Were you arrested At that timcs A. Yes, sir.
Q Where were you arrestedi A In Delaware
O. Have you given bondsf A. No, sir.
O when Friery came in this morning was he under
the influence OF liquor A. wel sir he may have been
O. ask you II he wasf A. He may have been; I am
not very well acquainted with the man; do not know
his principle [meanng habis he may be lappear to bel
Q You could judge II he was under the influence Of
liquors A. Well, yes he was, . little
TESTIMONY OF JOHN DwYER.
John Dwyer, sworn and examined by Mr. Hail. testified
follows:--
Q Mr.. Dwyer, what is your rank in the pocef A.
patroman.
Q And in the early part OF January last where wero
you detailedf A. Twenty third precinct
@ The territory Of that precinct is about whcres A.
Yorkville
Q Between what streets' A. Eighty-sxth street,
from Seventy ninth TO 10th.
Q Were you duty the night OF the day we ccle-
bratcd as New Year's-Monday nghtf A. Yes sir.
@ You were on duty up to what timer A. Up TO six
O'Clock on the morning OF tho Sd.
@ And what your beat that nightf A. From
Eighty sixth street to Ninety street, from Fourth
10 Fifth avenues.
O Do you know Mr. James Clark, who has been re
ferrcd to in the testimony A. Never seen him before
that day.
Q Did you know McDonalds A. Yes, sir.
@ You knew him before A. Yes, sir.
Q Did you know this Birmingham, the driverf A.
No, sir.
q Did you see either Mcdonald Clark or Brming