The New York herald., 1868-04-30

cityfor ton yesrs-1now the defendants attended
e S ws
about two inches into the muscles Of ths temple;
there was severe confusion OF the eye which soon
his Wounds DS opae
ear ca % and found the lobe much swouea and slight abra
sion; the earooked as II 1t had been bitten; 1t had
Q. Did you nnd the ball A. No; think it is still
in his head; 1t must be small ball; another doctor
examined the wound and agreed with me tnat tne
Cross-examined-T pistol shot would not have
caused the confusion Of the eye
TESTIMONY OF JOHN MATHEWS,
John Mathews, comedian examined-Was at the
Fifth Avenue Opera House 11th December last; was
coming dowDthe steps Of the Opera House when l
heard screams; looked and saw two men fighting,
one down. the other over him. the larger man on top;
they were fighting; the man on top was using his
nzed In the larger man an acquaintance took hold OF
him and after some exertions was joined by others and
drew him OF; the upper man kicked the under man
three four times had never seen Kelly before that
time; Mr. Sharpes face was very familiar; had seen
very excited and wild manner; the moment he got
up he fired; Sharpe had first got TO his feet; when
four feet; after Kelly got up there was no time
for any demonstration on the part OF Sharge; when
ssy q s s G s GG
In the direction Of Broadway; when he looked at the
wounded man strange to say MS Ups on nad If taea a
heart.
TESTIMONY OF FRANCIS LEON
strel business No 72o Broadway; was partner with
the prisoner In the business was at the Fifth Avenue
company with Kelly; knew but one Sharpe at the
time, Sam Sharpe; did not know Of the existence OF
ss Ks asr M pmse
Sam Sharpe when they came out OF the theatre; tap
ped him On 9e shEgdeir ne turned round and
ing lies me, saying my property was mortgaged"a
few words followed, when Sharpe pulled ring Oh his
sharpe then struck witness; Kelly stepped between
and said Sharpe you are too big for hlm;' Sharpe
%
when Kelly took or his coat; Mr. Allison then caught
hola Of Hey and SAID mt Kelly you @ must mot M
advertisement?' when Allison caught Kelly Sharpe
a large man near Kelly, and Sam Sharpe turned to
him Tom sharpe, and said, "Take care Of him and
Hoffman House, till met policeman, when sharpe
cried out ARREST that man;' "Yes," said, arrest
and he % let me go again. Inv sam Sharpe g then Went to
help his brother; the policeman followed him; re-
turned to the Opera House and saw & Kelly on the
Gods sake take him Off me;' saw the big man kick
Kelly, to all appearances about the head; when the
Sharpe advanced towards Kelly, when the latter
fired, firing two shots; the big man then fell; "a pis:
it on the stage In the piece of the ''Grand Dutch So
he fired 1t the evening before and 1t failed to go off,
he afterwards discharged IT, and that is the reason
one of the barrels was empty; saw Sam Sharpe
nre; ne sharpe ana the e. Were On the h
Seemed eg Us
the policeman; Sam Sharpe then fired at Mr. Kelly;
after that witness and Mr. Kelly went towards the
drug store; Kelly was dreadfully used up: saw the
pistol shot wound IN the head the left eye was clos
Ing rapidly; his left ear'bore the marks OF bites.
thathe was employed at that time as '1eading man"
and manager at Fifth Avenue Opera House; had in
OF the occurrence; after the performance was over
witness in the dressing room taking or his stage
clothes when ne neara rnas HOMICIDE saa been
conversed with him; the burden Of his conversation
was the death of his brother; he sharpley did not
for them;" witness was with him about an hour and
half, and he said good many things in
for them for six months and had finally found them,"
words to that effect; as soon as Sam saw witness
anna a
OF poor Toni" and went on to use language the bur-
oher ke a to sop 5
ne attention a. to tsslr r,aiS advice sharPlsyy
that he was shot in the head and he replied that he
wished he had killed him he told the policeman that
Sharpey looked at the body of his brother and said
he had been looking for them for six months, and
this the consequence OF IT. he did not say what
he had been looking for them for.
G. s. Bibby, Jr., testified that he went to the Fifth
knew at that time Kelly and Leon by sight and repu
tation, but not personally; knew Sam Sharpey by
reputation only; witness saw Sharpley, Kelly and
Leon scufng a. he came out of the theatre did not
hear Sharpley say anything; saw SharIley touch
Leon the shoulder; Kelly then stepped Ia eetween
them; Leon then ran away; did not see whether
either Of them touched each other after
Leon ran ran away afterwards saw saw sam SHARP.
sss ssw TSm ssarpy sen come on TING
scene and advance rapidly towards Kelly; Kelly put
himself his defence slightly; they then scufiled
and fell Tom Sharpley fell on top OF Kelly; did not
see Sharpley pulled off, the crowd then gathered and
witness went of towards Broadway; heard three
pistol shots fred distinctly; saw nothing more.
J.y Van Dyne testified he was In the minstrel
business; knew Kelly and Leon for twelve
fessionally for about ten or twelve years;
had seen Tom Sharpley two or three times; Tom
Sharpley was a large man; thought there was not
much difference between Coroner Schrmer and Tom
Sharpley In point Of weight; thought Tom Sharpley
was heavier than Mr. Kelly and the stronger man Of
the two; saw Kelly on the Saturday following the
occurrence; his left presented the appearance OF
having been bitten, and his left eye black and
blue; the right eye was blOOdshOt
Albert l.. Parkes testified that he was treasurer
and business manager OF Kelly h Icons minstrels
at the time Of this occurrence; did not see the afray
saw him half an hour afterwards; lls ear appeared
to have been bitten one eye vas black and blue the
other boodshot. the left side OF his face was black
and blue and there appeared to be a bag OF blood
formed In his neck; the marks from the bite In the
ear were visible the next day, but did not notice 1t
| afterwards.
The testimony is nearly closed and the summing
| up VIA take place to-day.
|
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