The New York herald., 1867-09-23
FINALE OF THE SARATOGA TRAGEDY.
SUPREME COURT. clacyT-sAsATusA COUNTY.

county Of Saratoga, Balstan Spa He charged
with the shooting Of James Theodore Jones at the Union
HOTEL Saratoga, Sunday, August rs. The case was
moved at half-past nine A. u on Thursday the 1Sth
and the prisoner appeared in court In custody Of tho
ailor J. c. ormsby, District Attorney, and L. B. Pike.
Saratoga associate counsel for the prosecution and
William A. Beach, Of Troy, and J. p Butler, of Sara
oga for the prisoner On entering the court room and
taking his seat prisoner to exert himself to
his feslilgs His eyes bore indications Of
ing and his face appeared pale and He ap.
pearcd and clean in appearance He wore gray
coat, dark and psns silk hat and carried q
His hair neatly combed parted nearly in the mid
die. and his mustache neatly brushed.
The indictment found the 18th by the Grand Jury
upon ths testimony taken by Coroner John l. Perry
Jr, OF Saratoga Springs was then read being in the
usual FORM for the murder In the s degree OF James
Theodore Jones, the 25th day of August, to which
the defence pleaded not guilty. The jurynen selected
were Morgan L. Finch, Chauncy Wilbur, William L.
Taylor James Allison. Slas II. Toney, Ami Van voorst
Hiram Beldng, Henry Van Buren,, Richardson woodcock,
Minor Keeer, Eiiakim Corey and William Brown
Tue jury having all been challcneed for principal
each called were sworn separately and considerable
many were challenged peremptorily by both parties
and the CHALLENGES universally made to those from
Saratoga and vicinity.
District Attorney Lemue B. Pike on behalf Of the
people, opened the with great ability and rmness
and in closing said that although he would able free
jurvmen from the morbid sympathy maDifealy growing
against capital punishment, yet he In fairness would
refrain from presenting the sympathetic view OF his
them TO that end, and only asked that they
jurymen faarlessiy render verdict according to
the evidence and law, and leave the punishment with
the court.
titled Was employed in the boot room the Union
Hotel last sumner; knew prisoners he had charge Of
tho billiard saloon the hotel grounds and in base
ment Of the Opera House; In the boot
room at the time OF this occurrence; was there TO
black boots Jones thore; In when he entered
saw him enter prisoner ZONE. Was Wa no. then @ IN the
went to ack the genIlsmsn's lace whose boots was
backing said, ~ want you to stop; he said pleasant
ly "A right. john" and stopped; then Krey came In
and sat down to have his boots blackcd placing his
acfoss hs lap; Jones took It from him and
across the room and examined II shoE tme and
brought ii hssk and handed is 70 Kiriley; he then
slapped Krtley on hn knees, one hand on each. and
cienched his hands upon them Jones had paid me 81
showed him back with his hand, and Jones back
and slapped Kirtley ON the knee again, and Krtley
slapped Kr,ley In the face hen Krtley from tho
chair saying, al don't want more OF this foolisoness;
S% Ua oU s op sDa & them
prisoner with his hand Jones left breast pushed him
along towards the blsckng stand, and from thers
towards the door, Kirey raised his right hand with the
pistol apparently attempting TO strike Jones, and the
pistol on and Jones staggered and fell the
ball Kirtey then went IN the hall this was the last
no.cedof him that time; the ball entered the right
side OF Jones' mock; Jones did not speak after being
shot; there ave in the room at that time,
James Minlay Kirtey. Jones' q stranger and myself;
when Kirtey went out in The hail; he inquired for Mr.
Leland: no went towards Leands office; Leland was
not In at the time.
Cross-examined- asked me in the boot room,
while Kirtley was in there, Are you from the
cily?' | said mo, that had been there last
winter" he told must come down and see him,
that kept a fancy house Thompson street. telling
me the number, and he would give some good wine,
that would have nice time, and he would use me
well: said II so lond that al those in the could
hear; Krley was present
Moved by the prosecution to strike out the Testimony
Of regarding declaration OF deceased about his
keeping fancy house Decision reserved.
Redirect--When Jones took the cane they struggled
and Jones wrenched IL from kirtey; IT made him
crnge when Jones slapped bis thighs and grasped them
Kirtiey showed h'm of; then Jones back and
slapped him on the knee; kirtiey showed him back
agan: after to while Jones came asain aud slapped
Kiuey the face then Xrtey arose from his char and
showed Jones away aid said, Il tired OF such fool
| ishness;n Jones stepped back and put his hand
behind him aud said, .'oh, Cd d-n you" aud
be looked angry and despsrae Was Jones' attitude
and appearance thrca;eningy
Objected To by the people claiming that the witness
give facts aud the judge and jury are TO judge the
facs OF it being threatening. Objection overruled
A. Yes Krtley then went TO him and putting
his nand Jones' breast pushed bin toward the door
when he had pushed him TO about the middle OF tho
door heard the report OF pistol and Jones fel the
fread OF JOnss out just after the pistol shot
lred ne ran out OF the opposite door the Of his
friend appeared to be bitten OF did not know Kirtey
much had not spoken to him half dozen times during
the summer
Question for prosccnton-Did you before the
Coroner Saratoga that Jones placed his elbows on
jocsd by the defence incompetent and improper
Direction overrued kirey had deceased pushed partly
round when Kirtlev shot him.
James winberg colored sworn for prosecution--was
IN the boot room when Jones in aud put MS foot
the stand aud commenced backing bis boots Kirtey
came in BACKED jones' friends boots Jones talked
with Be Krey had sat down aud had cane across his
lap Jones took hold OF and rrenehed out OF krtieys
hands, took the room looked at the cane and
then handed 1t back kirtey he then slapped both
hands Kirtcys knees; kirtley fnched and pushed
him away he came up and Kirtlsy pushed him away
A shortly slammed klTtley in
face; then Krtlcy from hs chair and said; Il
dons want any moro OF this foosancs Jones stepped
4 back and SAID, 'sOhi Cd d-n YOU" he said II loud
aud looked angry and put his hand behind him aud
rctrested backed up, and Krey went and pushed
him bsck and then heard pistol shot, and Jones fell
this Sunday, in August, when he shot KirtIey
said "Where Is Mr. Leland" and stepped toward his
| oaice; think be szia 81 want TO see him "
George Adams sworn for prosecution live At Sara
soga st the boot door the 10Th OF August
Jones there he foong with Kirtiey saw him
slap kirey IN tho face then saw kirtley arise fom hs
chair put his hand behind him aud take out the pistol
IN cour and said somcthing Joass saw the pistol and
stepped back saying, "oh G-dd--nyou;n kirtIey wen,
TO MIN, pushed him aud that Is the last sas, came
awav.
| Normsn 6. May sworn for prosecuou--I am Deputy
Sheriff OF this county arrested Kirtloy took the pisio
from him. four OF the barrels loaded aud one bad
besn discharged; found the pockets of Jonss sons
keys small POCKET knife and silver pieces and ID
the pocket on bis hip bank bills. put In p.oEns
cuously; the search OF Jones msde In hs cohn. a
the uuder,skers. where he had been removed; when
hrs Kirtisy he kueelng at Jones' SIDE with hi
1uger on the wound and the other hand feeting d
Jones' pus,; he WAS then the only man 10 attendance Of
JONES' Kirtey was rse, seemed TO be trying TO starct
tue ciood said "who did ihisSn he said, Il did II;
said wanted ell his eiecis; he handed me the pisIo
and knife; said wanted his money; he gave II e
me TOOK that be could no, buy himself Of tbs
Lookup with IL; then said, 81 want you TO so with
me :" he said, Wsit until the doctor comcs ~ said, III
IL uee, no q already dead :" he then SAID wait fo
| "a sfacsr;' said, Il oficer;" ho said, "M
right" and be went with me- have known Rrtiey slnct
juno last have him about times day a. far ~
know his character good; did know him much
| did not hear mach sbout him; frequently met biz .
/ the table when took my meals at the hotel
George w. Gerkie, sworn for the sefence lit bcini
urgently necessary for him 10 oe In Baltimore, AloweS
TO be By consent Of the psriss testnedl wa'
| acQusinted with krtley ~ Balumore; knew him fou
years. Kept billiard aud bar there, and KirtcJ
worked for me; have that pistol IN court In ms
desk N the billiard roem Baltimore; u w0.kep
there my where rc worked and the place wher'
he boarded some disk,ncs from each other, sons
two miles, through bad pat Of the city, snd danger
Gus; I vas acquainted with krtley's chafanter 70 y
naxaf this nstol lhila ha Il