The New York herald., 1867-09-23

about the sse distance back OF the law bone; probed
~ound was sufficient 70 DEATH deceased could not
have beathed after the 0all entered his heart might
have seat few times tho right side OF Jones must
havs pesn towards kirtey whn he shot to cause the
woond T. Why2 A. Be rause, n his head had been
tdrned when shot, and aferward placed 10 its natural
rect ana on examination found the hole TO Be straight
ana direct 70 the ball there could not been another
position OF The parties ii It is true that the pistol wBen
nreo was near the right cheek Of Krey the bali passed
through the second and third vertebre; found two ip
d'a ink marks upon bis person-ons letter I. on his
arm, ana think nas breast; he appear TO be
= muscular man; more 80 than defendant; Kirtlsy Is
rather slight; kirtey's lett leg NAV b. less in
hrm don't think tue bones OF his foot had ever been
broken probably some bone had been dsarranged that
might make the leg little sentative
George Leland was next sworn for defencs-I had
oner from June last he employed to take charge
the Opera House billiard room be closed t about ten
Twelve ne came to the onice to deposit his money
alter ne closed AZ night; II was there took the
ney; II NOT then he handed the receipts 70 the book
Keeper the lights in the garden were put usually
about ten or twelve O'Clock NJ; Jones and his riend
never the guests Of tho hotel was not in nv ooe
at NE time or the shooting which occurred between
eleven and twelve O'Clock .una.y forenoon the sunday
train Kirtley came to me for employ Ia June last
with letter Of recommendation from Mr.. Phelan
kirtiey's character 1 good far as l know
James Jones' called by prosecution-I am the father
of thomas Theodore Jones' deceased was twenty one
dd not reside with me- nv brother Is the keeper Of the
Hudson City jail; my son lived with him there Q
wha. was the business Of SOM Objected to by
stated that he wished to show the chaaracer or
Jones' and show that ho was not the character as
able man. following respectable calling.
MI Beach, for the defence, stated that ths character
OF the evidence did mot Immediately itself with
the time OF the shooting that IL shown Chat tho
real character Of Jones known 10 Krtley that il
might tend to improperly influence the and jury
referring fSther brother and ster OF Jones in
court, 9" already fear tho dramatic drapery that is
here exhibited 70 nh"snce the Judge and the jury !"
wa@ed.
Norman 8. May recalled--I arrested the two friends
OF Jones and put them in the Lookup. 9. What
did you hear them say in the presence Of L. B. Pike
about The shooting fofered for the purpose Of show
Ing that they knew nothing of the matter, and 70
waived.
not tell whether Kirtey was pushing Mr. Jones or
whether Jones puing Krtley he did not see Jones
have hold Of Kirtley, but Kirey have hand on
the breast OF Jones and he going backward and Kley
following him. Question by Pke-Did you formerly
swear before the Coroners jury that the friend OF
went out before the firing OF the pstoi Objected
by the defence as above. Objection sustained
The prosecution closed their case, when Mr.. J. But
er opened The case for the defence, reviewing some
what al length the testimony already taken.
orton }. Brown, sworn for the defence, testi1ed-I
reside n Saratoga Springs; room clerk at the Union
in the ofhce; did hear the nring the Arst that at.
tracied my attention was Kirey's coming to me aud
placing MS hand on my shoulder while l was at the
desk he said be had shot man and did not know but
be had Killed him. thet he had done Is accidentally; he
went with me to the body be asked to send for doctor
he seemed frghtened he knet by the side of body
aud raised The head with his hand; there a man
there who was Jones frend put the body in n
room; the door was not locked; people were going In
and out OF the room; Jones' friend was with me; !
knew Klrey; his character good far know
received moneys OF Rey occasionally the receipts Of
the billiard room; don't think the receipts paid me
exceeded SIS
Mary Oiney, for the defence, testified knew
Kirticy; knew him June last reside atoga
/ had made engagement to accompany Kirtey the
Baptist church the day OF the shooting; he 10
meet at the church at half past TEN he did meet
me-
William A. Beach summed up tho for the defence
and J. C. 0rmsby for the people.
Toe Judge then charged the jary, reviewing the evi
dence leaving the question Of intent to shoot and kill
Tor the jury decide pointing ont the different degrees
Of homIcde instructng them what degree 70 and &C.
cording 10 the facts found by them
Mr Pike and Mr. Beach, entirely sgreeingen the Law
Of the submitted to the court that the prisoner
could not be convicted of mansaushter in the second
degree and the court charged Upon retiring
Of the Jury for murder In the first degree and i've
for different grades OF mansaughter and after several
hours Of consultation returned verdict Of mansaughter
in the second degree.
Kirtloy sentenced the 21st inst by the court
to the state Prison for tho term of nvc years.