New-York tribune., 1868-04-29
1nE NEGHO MINsrREL MURDER.
TRIAL OF EDWIN KELLY FOR TIE MURDER OF
TOM SHARPE.

tom SHARPE.
In the Court of General Sessions yesterday
before Recorder Hackett the of tho people against
Edwin Kelly for the alleged homicide Of Thomas j
Sharpe in December last the first the calendar
and was called at few minutes past o. The attend
ance the courtroom was large ana embraced many
well known members Of the dramatic and minstrel pro
The prosecution was represented by John Anthon and
Cunning q Bedford. esqs and the prisoner by Henry T.
Clinton and john Hays esqs, The prisoner sat beside
his counsel He neatly dressed, and showed no vis
BILE disturbance OF mind large number OF Jurors were
challenged and was after o'clock before Jury was
impanneled The following are the names OF tho Jurors
c. Hart Isaac Black, Cornelius Burns Edward w Taller
jr., Wm. L. Buck, Robert Gregory Lyman Taylor, jr
Mr. John II. Anthon then opened the case for the peo
pie giving and brief resume OF the facts which
cons engaged were four In numher-1homas ]. Sharpe
ldeceasee,, Samuel sharpley Mr. Leon, and Mr.; Kelly,
Avenue opera House. The persons were returning from
Matinee when a collision took place, growing out OF OPP
ensncd between he deceased aud he prisoner deceased
Ss taken d 81 % Ry Std Ted wo more 6os a, al
him, one Of which proved fatal.
people He testified 20 having been treasurer OF the
Theatre Comique in December last was in the Fthave.
orera IIonsc at matinee on the Ith OF that mouth
saw sam sharpe therei did mot SEQ Tom Sharpe;
sat Immediately behind Kelly and Leon during the per-
my lap during the performance did not Tom; when
leaving teater with Mr. Delafeld sam again.
and he told mo TO wait. and said he wanted TO see
and told him that he had been telling lies about
him he said You have been saying my property Is all
mortgaged and you astinkng liar" words then
passed between Them in which an opprobrious phrase
was used by either Kelly Leon. The witness here de.
scrbed with great Particularly tho facts IN relation TO
the exciting language used by the respective parties
lallng that Tom came up and Sam told him . take
1S of he E' :cre& ea the he SGaa ns sS p''
pne6 pRS S a5a s & mot & Sy Kelly s
The witness then continued Sam returned from pursuing
Leon, and seeing ms brother uttered exclamation
horror, and nred Kelly; he the OF firing
again when ocer diverted his aim and he shot the
% e%pCysd % BY San sssS yedss
Kelley anG aafG c tPG ss
we're going Reaeeobly Ton addressed Leon s1cediy
ahsuage Of icon he seemed to deny having slandeted
him Leon assumed what considered defensive atti
qsst ~ Msn na4es ssgsE "a " sss ss Sas
Mr.: Clinton requested Sam to Sand tp % afford the
jury an opportunity q inspecting his phys,quI -.
%ss pfosSS % pGds TR KS R
ton Of Tom Kelly tried 70 protect Leon didn't See Sam
fss sap nS S ID
Kelly have hold OF ssm did not sec Sam have hold Of
either Leon no or Kelly heard sam say to Tom IoI take
Kelly; saw them together and then Tom fall;
was confused and excited at the time they were together
Kelly underneath thSy wero on the ground in that posi-
ton but few sesonds they each had hold of the other
se not % them ks @ 9as On 0R y T n few
heard Kelly say "For Gods sake, take him on did not
hear OF Tom biting Keys ears, him do it Kelly
was very excited after he got up and had wild look
about his face and eyes; when Kelly got up, he did not
move far away; when Tom got mp, Tom moved away
few feet the first thing Kelly do on rising was TO
fire pstoshot at Tom; there were five different shots
fred altogether the time between the first and second
shots was few seconds the third fourth and nth shots
were hrcd rapid suceession saw sam fire; couldn't tell
whether he aimed at Keilys head; did not him Ore
Hs at ssot took eses on % the tS@ c
finger Of Same left hand; when Kelly fired
the second shot, he advanced toward Tom.
Coroner William. sehirmer, sworn and testified; Am
OF the coroners OF TINS city held the inquest the
body OF Thomas Sharpe found pistol shot wounds
the body on the right side Of tho horax-think they
both there The rest OF this witnesses testimony
was brief and unimportant, and he not exam
ined. .il.| N'i II Do. 'ilI IiiI..t N Do
Frederick Ebere, sworn and testified On the evening
OF the ARRAY was Ia tho barToom Of the Hoffman House,
the fight attracted Iny attention. saw Sam, Kelly, and
Leon in dispute Sam aimed blow at Leon, and think
Kelly tried 10 prevent hlm from striking Leon by step
ping between the two Tom then came from the theator
and Sam ran after Leon; saw Tom and Kelly on the
ground together, and heard Kelly cry out 10 have Tom
taken OF, and three OF four TOOK Tom Off and
Kelly teen arose and heard shot dred. apd T2p fe