The New York herald., 1866-08-03

hore.~ Fitzgerald gave command to the rest; heard
Afterwards shoot; then went outside and around
corner and Stood there Afterwards turned and looked
into the yard and saw Fnsgerald shoot Ellen Hicks;
net on III he had the gun at his shoulder poiatsd
the girl he standing at the kitchen door, Ellen Hicks
house: / saw Eien az down and say, ssMother I'm
shot I'm dead;n then went up 70 her and asked her
what the matter Win Ga, her abe said "Nick, for
on her that she shot In the abdomen the shot
went through her body; saw the bali (bal shown)
recognize the BALL. saw Il about ten minutes afterwards
the doctor found tx she shot about half past three
O'Clock. and died about SIX O'Clock.
TESTIMONY A BROTHER MURDERED WOMAN
Richard Hicks I'll reside in Westchester; I
the brother OF Ellen hicks; recognize John G. Burke,
Sergeant Doran and Michael Martini saw them last
Elliott comug home from Fordham; aaw them In
Michael Murrays public house, Elliott went in; re-
two saw Sergeant Doran and Martin shut the door and
stand with their back 70 III Murray To and told
open n the doors and lot Elliott ont; ran
barroom; mean J. q. Burke, Dcran and Martin; he
lEiotr parleyed with them some time and they lst him
the stoop; lac begged them let him OUT II
was not worth while for 80 many To murder one man;
Doran SAID he had man from Philadelphia who would
dress him; j. O. Burke said he had come on here TO
murder him. that he fEioftl had helped 10 lick Andrew
Crummy; Elliott said he did not; Burke asked for
chew Of tobacco and Elliott offered 10 him, when Burke
would not take II from him but wonld rather chew his
heart out Of him (Elliott; Burke then squared OFT
though he would h m; Elliott kept getting away
from MIN. and left, taking ono OF the horses, taking
the other leading Them home; while the way these
parties followed us up; they overlook the way;
DoraD struck Alex. with someth ing the ann he cried
sny broker" and ssid s.go for the doctor;n
went home aud went to bed; I fell asleep aud was
awakened by nearing mothercry 'ny child is sho;n
vent down and found my sister in the kitchen
over the bakehcsse, bleeding she died about six
O'Clock this morning.
rE Twoxy OF MRS. ELLIOTT
Mrs. Ellen Elliott 81 reside In Westchester;
these to my sisters house three
O'Clock; saw these soldiers come; they broke into
my house: asked them what they wanted they SAID
they swanted Alexander, to shoot the son Of bh;p
heard them anoiher my daughters stoof In
the door tired 10 shuttle door, Fitzgerald presented
q gun my breast and threatened 10 shoot ne; Doran
ard Carly all presented grn at my breast; John C.
Burke said he had come to kill my son when ihey pre-
sented the gun at begged hem TO shoot poor
lone woman; after Ellen was shot she prayed God to
forgive murderen; did not see any oil the soldiers
alter that.
TESTIMONY or A SISTER oY TUE MURDERED GIRL
Alice Hicks being sworn, sad:-l reside In West
chester aboutthree O'Clock this morning my sister and
myself standing in the door, OF the soldiers
outside Of Mr.. EiiIots door and fired at my sister,
could see plain; recognize Fitzgerald as being the
who shot her; lie raised his gun up 10 his shoulder
aimed end fired ~ her; had my around her;
my fell and fell with her; he then, with the
others went away; there were four OF them together
before my sister shot Of the soldiers aimed at
my aunt, Mrs Elliott but the gun would not go oil
had gone into my auut's room, she having cried
snrieri there were four soldiers in my aunts room
they ont as went q; my sister in the
with mo; before no shot at her told her there
Of the soldiers outside the house preseutng gun at
go n and just shutting the door the shot
was Arcd; think the man was about twenty feet of;
sure il Was Fitzgerald who fred the Inusket.
T~g POsT-McRrrN.
Drs. Mcdonnell and McEroy, being sworn said:-Thcy
have made post stem examination Of the body Of
Ellen Hicks. now lying dead. and say that her death
caused by gun-sot wound said shot entering The
body IN front, about inch and half 10 the right Of
the umbilicus and ouo inch low fne ball took an OBJ
lbe middle Of the left buttock We are Of opinion that
death necessarily followed from tho serors injuries done
TO The vni organs in the OF the transit OF the ball.
producing fatal hemoIriaRe.
TIE PRISONERS
being arraGncd called ON 70 say what they nad
answer relation 70 the matter Fzeeraid said that
IL he sot The girl, II with intention o. doing so
that he does remember doing SO; that he took no
deliberate aim, but nred tho gun towards ,ne o'hesy
woman standing in the door, He would have Killed FL
Hot had bc seen him.
ohn Doran paidI started from Fort schuyler between
elk aud ssven O'Clock lar evening. with intention OF
Mossrmsy's about nvs minutes, then down TO Mr.
Murrays four ot rs sat down IL lan'e 70 pay gamo
Of cards; We PLAYED until between Yen ana ~ we've n
drnkswh him; did not take drink; the others did;
Que Of the party asked me WHY would not drink WIN
Mr. Elliott told the that asked me, had drank
enough and did MT like the man well enough afsw
minutes after that qnarreling commenced between nm
and one Of the party snH o man haessS no o sns
room there wcrc two ciixcns there and OF them told
me 70 keep this man from fighting Elliott he would say
ana he drunk; told this citizen thai would not allow
anv one TO touch bim went into the sitting room ana
brought Elliott out by the arm into tne no tnen
went outside and the party went out after him, with my
self: they commenced quaTeing again; got between
thein, and would not let either hit the other; ne
took one his horses and started FOR hou tho carsge
baop broken: his dnvor after two or thres minutes
starting af~i him with tho other horse the parry with
the two ciizsns went back n the barroom again and
aved thco Gfceu or twenty minutes then started
homo: got far ~ Eloits where there was
crowd OF six eight; ran out from the soop 70 the
centre OF road two ladice th them; all
recognized among them was Mr.. Elliott, whose arm
was not broken Them he kno~ked ne down with some
kind or stick, striking on the head; got up to 20
away and cot another rap which knocked me down
scain do not know who nit me the second time when
the crowd started from the scop Eoi said Rms y
them:' started for home ono cf my party caught mp
with mo- when another joined us; We los. tie other
man: he was knocked into ditch opposite Eliiot y
whsrc he law until near morning; that was John c.
Burke: his brother feeling had about him asked me II
l. would come back with him 70 look Tor John; went
the ambulance .sad II We did not ind Burke we
would take Elliott 10 the fort; lott the ambulance
opposite Mclruryis; left man asleep; went TO
Eo.i's saw man png IN bread; asked where Elliott
no he did not know went over TO the ki chcn
md asked the od ady whore nc was sha saa sue da "a
around and told W Elliott hao knocked y m
down and taken his gun away with him whon ne tod rs
came out. aud Fitzgerald fred his musket; don't
know what made him ere; there was only one ired, as
here were no caps In the crowd. except the one Fiiz
gerald had; then We started home
ST ,rsxRNT MICHAEL . CAVITY.
Michael j. canty said--He called on by the cor.
pora to 20 with him a. OF the boys had been beaten
he handed me a gun and won't ~ Tar as hilioits; ;
f1gcrald said he man standing IN the door and
fred; heard a woman scream. "iou have shot my
daugh,ern did not point gun at Mrs. Elliott or any
else.
vrrrrrr Jrry
The jury then retired, and after being absent few
minutes returned with verdict hat the decreased came
o. her death by gunshoi wound At the hands of Fitz
rerad, and thai the other parties we're acccsoss be-
fore the fact.