The New York herald., 1865-02-16
Trial Of Bernard Friery for the
Alleged Killing Of Harry Lazarus.
Opening Of the Case for the People Testimony
Of Drs. Robinson and Putnam, Israel
Lazarus, Henry Connel and
Christopher Richards,
HOW THE DEED WAS DONE,
&s. As, &s.
Court or General Sessions.
Before Recorder Hoffman.

Before Recorder Hoffman.
The trial Of Bernard Friery charged with the murder
Of Henry Lazarus was resumed yesterday morning. In
consequences Of the admirable arrangements made by the
Sheriff the court not inconvcnently crowded
The Jurors having answered 10 their names.
OPENING ADDRESS OF TIKI ASSISTANT DISTRICT At
TORNEY.
Mr. Ginning g. Bedford, Jr Assistant District Attor-
ney in opening the in behalf OF the people, spoke
In the following feeling and impressive Manner
Your HoNoR AND GENTLEMEN or THE JURY-The pris.
the bar Bernard Frery, stands indicted for the
murder Of Henry Lazarus the morning OF the 3d OF
january last at No IL East Houston street. in this city;
that in some Of its details tho Decd IL not without
parallel in the annals OF crmc is at least characterized
by brutality and utter reckessness OF life which makes
the heart grow sick at the contemplation OF such
dendsh depravity Happily gentlemen, IN It's award OF
punishment for crime, the law has no vengeance 70
gratfy its object is simple justice The Commonwealth
while II claims protection against the evil doer, ana u
exactng and peremptory In It's condemnation OF crime
yet is equally just towards the ransgressor for
shall be presumed innocent until bis guilt be fully estab-
lishcd by the prosecution Therefore, gentlemen, let
your eyes be closed against all published records OF THIS
case your made deaf to all outside conversations
the subject With these have nothing TO do they
are not 70 weigh feather In determining the momen
tous issue now to be submitted to your Judgments The
only basis for your verdict will be evidence Of
witnesses who will appear before you and you will give
to that evidence Its true, inherent valuenohns more
Der that In the trial Of this Case the issue OF which Is so
vital TO the prisonerfor his very life hangs on you
are to keep your minds like sheet OF white paper
with no prejudice for against and let your verdict be
rendered according 10 the evidence so help you Cod
Gentlemen Bernard Friery, the prisoner at the bar
is, charged with having killed Henry Lazarus
with tho intent to kill him !; for murder gentle
men, means, and simply means, the killing OF human
being with the intent TO kill him In this case the peo
pie claim that the prisoner ut the bar not only killed
Lazarus but intended to kill him. The people will
to you that during the evening Of the LIST Of January the
prisoner visited the saloon Of the deceased and went
TO the bar called for drink and Immediately drew from
his person knife nine inches in length and plungng
that deadly weapon into the counter Of the bar and while
It was yet auiverng restive and eager wcre
the murder which had just been assigned IT, the prisoner
exclaimed, 'fhere's thing that will kill some son OF
wards, 80 far the act Of killing con-
cerned, the prophecy was indeed fulfilled; . human
aha oe
fouy dealt with by tho cowardy hand OF Bernard
Fney We will prove 70 you that up to twelve O'Clock
the night preceding this fearful murder the deceased
with his parents; that al mdnight on parting the
son fondiy kissed his parents, wishing them happy
Ys s as that ss the ss
death Fonr short hours afterwards that sou was
= corpse, lying in a pool OF his own blood, and
grief stood gazing upon him One tear would, perhaps
have broken the agony Of his grief but the poor old
mans heart was too ful-he had NO tear TO shed We
will prove TO you that the morning ef the id OF Janu
ary the prisoner went into the saloon accompanied by
some OF his associates, when OF them said 81 will
bet hundred dollars have got man here that can lick
dollars made 'that there was man there
that could take the pistol away from the deceased "
And now gentlemen, wish you 10 note with emphasis
these wcrs sthat there there that could ako
the pistol away from the deceased for they are gnf
cant in meaning. IL was, beyond all peradventnre, the
truth that this threat made simply for the purpose
of as eranng whether the deceased armed whether
he had about his person pistol for Henry Lazarus the
murdered man "a soon az the words uttered with
out
ing the fact that no was without weapon Of any kiud
totally unarmed Then, and not until then, did this
prisoner advance towards the deceased Offer
ing TO shake hands with him, saying "Harry you are
good little man. at the Same instant doing the work OF
death by prnging the knife into the OK OF his unsts
pectng victim playing the part Of the contemplate
coward wen the heartless murderer And, gentle
men, will prove to you that as the prisoner cooily
walked OF the room, and whilc his victim was bleed
ing and In the agones Of dcath--this prisoner said
eHany, you good It'll, man, but think have
nxed youl' Grea, Heaver gent,tne Il this be not
malice exiting on the part OF tne prisoner ana
wrankling serpent like in his heart wo will prove
to ycu that when he Was arrested at Har-
of this deed nf bnod being asked by the police officer
IL ne were implicated in the murder of Lazarus said,
eyes; and all dance at his wake Ihave comment,
gentlemen to mako on these fearfl words they carry
their own nerpio with them, and it is tor you
twelve jurors give them their true import Such, in
bfcf tn leading facts in this case and II We shall
prove them yonr satisfaction, as We confidently be-
-ra shall DO then the conclusion at which you must
necessarily arrive l. tAt bcfuaru Di4sohrr
at the bar, Il guilty of the murder % Henry Lazarus
TESTIMONY or Dr.. THOMAS ROBINSON.
Tho nrst witness called was Thomas Robinson, who,
being and examined by Mr Ha, testified as fol-
lows
Cueston You physician and surgeon attached 10
tho Corouers once ~ ,his ciy2 Answer Yes, sir
q Bi you make post mortcm examination OF the
body Of Harry Lazarus Tuesday, the Cd Of January
Last? A. Idii Str.
O How long alter d.sth9 A. Seven hours after death
q vii you stte 10 tho jury briefly aud rs precisely
1l NH nd .tN ND
what they Describe them A found one wound
about inch aUd half in length externally Just 4tnated
was from The point of IA crbacwarls towards The back
psrt CT the neck and on deciing the tissues Of the
ne oand that that wo1no penetrated directly inward,
with Little inclination downward 10 tho depth OF about
threc inches passG Gg into what call tho pharynx and
in its found the knife had severed the external
olrotd artery and internal maSiary where they boxl
join--cu right the connetcu that the only
wound tha, saw saw on the body ccotrx OF an old
gunshot wound that had reference to the OF
death
Q This you designate as a fresh wounds A. Yes, sir;
that IL a IL sh wound.
q what in your Judgment was the Of the death
OF this person. A. Hcmorrhasc from the severng OF
those arteries.
q From your observation Of the wound what is your
medical judgment Of h. Instrument which inflicted ity
Welt The wound appeared 20 have been clean cut,
and should Judge, m he nature Of the wound, Il was
made hy broai bladed nsirum nt rather long and
sharp on both edges tho wound appeared To have been
a clean cut ou both ends Ot the wound
q. What was The width of The knife, from the appear
ance OF tie wound II you able TO tolp A. Provided
there was on, ono thrust made, should Judge the
width Of the knife somewhere about and .
quarter one and halt inch 10 breadth.
q Did the wound allow YOU 70 say, expert that
thgre may have been than thrusty A. rather
think there only one bui there could have been
two hrusts provided the knife was r. no drawn alto
gether ont Of the wound
Y What was the depth Of the wounds A About three
int hes.
q Did the termination or tte wound show contact or
the knife With anything thG stopped iH There was
nothing 70 stop ~ A. No sir; Just clean penetration
right throorh II did not come IN with any bon-
z That Is TO say, II coulc have gone deeper if the
knife bad been longer A. think the knife went In to
The fun extent from the looks " the wound
q Where was this post mor,em NADER A. In Centre
street near Grand AZ the house OF his father believe
Ths witness ~ie cross examined, but bis testimony
was In the main the the direct examn nation
TESTIMONY or IsRAEf lazarus
Isrne Iazarns, sworn and examined by the District
Attorney, testified IA follovs:-
Q We're YOU present at the post mortem which the last
wftseSs malk2 A. No. sir.
y Whereabouts Is your biuse2 A. No 22s Centre
street
Q. We're you no. present at The post mortemS A. No;
I was down stairs at the time
Y You saw this last gentleman in the house7 A. Yes,
sir
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