The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-02

lie followed by Others and the debate continued
burned to this morning. at nine O'Clock.
sE4fuN N kf r% L
THE THROGG's HECK MURDER.
4a 's' 1-~s..s>S~->,>>>~-o~~-->(~~~
Trial Of John Doran for the Murder Of Ellen |
H1cks-IntereafinG Testimony.
The trial OF John Doran, Orderly Sergeant OF Com
,any H. First United states Artillery indicted as an
accessory to the murder Of Ellen Hicks by party |
II soldiers belonging to the same company, sta |
toned at Fort Schuyler was resumed yesterday In |
he westchester county Court Of Oyer and Terminer
1t White Plains. Three OF the party Fitzgerald the
principal. Charles Burke ana Canty are now under |
sentence Of death. An extra panel Of one hundred
Ealcsmen having been ordered for yesterday morn
Ing the jury was completed and tho case proceeded
with.
District Attorney yonn g. Bates then addressed the
urymen setting forth the theory Of the prosecution
that the prisoner was present when the deceased
was shot and was an accessory before the fact a.
the witnesses for the people would testify The rst
witness called was Alexander Elliott, residing ct
Throggs Neck two and half miles from Fort Schuy-
Ter, who, being sworn testified that on the LIST Of
August, 1855, his mother the deceased Ellen Hicks,
and himself composed his household; returning
from New York with Richard Hicks that night he
stopped at . tavern near his residence and saw
there John Doran, the prisoner, Michael Martin,
Johh G. Burke and Chas. Burke witness said "Boys,
come and take . drink;;n John Burke said "You son
OF . b--h, who do you call boys ~; SAID II didn't
mean TO insult You by calling you boys, am friend
OF soldier" he put himself In fighting attitudes;
said didn't wish to fight and asked to be allowed
to 60 home Doran and Martin put their backs to the
door and would not let me out; John G. Burke struck
at mo three or four times, and backed
avay into the sitting room; they all rushed
into the room after mo- and, expecting to
be killed. I asked them "for Gods saken
not to kill me- that had done nothing; Doran said
couldn't 20 out till I was licked;" Burke said,
"God d-n you, come from Philadelphia to take the
heart out OF you, )" calling me an ''Orange SIN OF
b--h;n asked him what had done; he said had
helped man named Robinson to beat q man named
Andrew Cummings; my cousin rushed into the
room and opened the door and made rush and
got out and Doran clinched me BY the back OF the
neck as was going out got outside and they all fol-
harness on my horses; Burke wanted me Aght again
and my cousin Richard Hicks took the horses and
70 GO
son Of o b--h;" he struck at me, and struck back
and Knocked him down; Doran next struck me,
and knocked me down; haloed 'murder'' and
they ran away; this was about $50 yards from my
after them trying to overhaul them; man named
e. 70 me- HICKS so1 SaSs1 ana ou sS
light and said, here Is one Of them' they brought
Martin into my bakery; he was the only one knew
COURT; Martin was brought into the room over the
bake shop; had o conversation with him: let him
Dr. whe
splintered and set my arm; then went to bed, but
n sos into pod Ss or % e S
1t was about half past three O'Clock In the
morning; went TO the window and saw
i've men rushing into the gate and John Doran FIRST
entered the bakehouse; saw them present their
guns at the baker, and one OF them-I thinko Dram
them come out OF the baiehouse and my mother met
them and asked them what they wanted; am posi-
y po.so sd y %
done enough; you have broken his arm and for Gods
sake 60 awsy;' they came towards her and she
were beating the Kitchen door in and had
started the upper bolt; fRot my shoulder up TO the
would soon come in, and mother told me to 60 up
stairs or they wood shoot me through the door;
went up stairs and I saw Charles Burke under the
window outside, with gun In his hand; turned the
button ana let the window down; worked my body
out through the window and jumped down; I then
sae 0 mi. Charles Burs se'' then fell DOWN
and somewoat scared Burke; he moved about
wH Ds ,s and eS pointed ss Ss s i md
cap; the bayonet then fell or bis gun and he pushed
me against tree near the fence with the muzzle Of
went then down the road and tried TO alarm Mr..
chester; near the bridge thought saw two OF them
trying to head me on; returned, stl having the
gun, and went to the creek; took my pants or leav
Ing me with nothing but my shirt on. and swan
across; before 1 left the house very far
about three hundred yards, i heard q shot;
heard q scream and then everything was still;
1 ran to the house OF Misc Hawkins and asked them
Would NOT let me In did not make
TO him; was afraid TO give him my name; ran
along the meadows about threc-quarters OF q mile
asked him to let me In; he refused ana went to
John w. Browns house; BY this time it was quite
my name; they let me in and gave me a pair Of
pants and wentto the fremont police station; there
were no police there and started TO Harlem; II was
about seven miles to fremont the way went, but
only about four miles In q direct line; went TO n
police station az Harlem and told them what had
and there got wagon; told the police sergeant az
Harlem and police ofncer named Phillips, who
me- the ssrssan sent rn nas. and another
@ What did you there dnds A. found my cousin |
Mt. McKeon objected 70 this answer, ana raised
the point that the Indictment was fatally defective In
setting forth the time OF the death OF Miss Hicks
sna s ss ss
cited several authorities TO sustain his objection.
After brief discussion the court overruled the
was suncently explicit to indicate almost instau-
taneous death. Counsel excepted to the ruling.
Wltue8o reSumeu-l KNOW nOtm0G TURNER IN reIcT-
ence to the manner OF her death, OF my own knowl |
edge; could not say who shot her; they were aii
arrested ct the fort the day Of the murder the gun
The creek; ! gave directions 70 Hugh Gallagher
about that gun afterwards; Ellen's body was
stretched on the oor in the room back OF the kitch
en- when got home; was not there when bullet |
was picked up; John Doran was the leader Of the /
i've when they came 10 at the back door.
Crosssxamined BY NJ hcKson.l vas born Ia NE
twenty.four years In this country; have been In
cted for assault and battery dld NOT plead guilty;
unless was indicted for murder he would mot try
me; was fined ten dollars; did not plead guilty OF
lnas onence 70 .ne Judeoi ! wAs nos uiea. vas
paid the nne; I have had two or three
nghts and altsrcatons; could not tell how many
pride myself on my pugilistc powers always strike
back u am able; lonce defended myself against |
200 people IN the back yard OF my house, about two
weeks after the murder, win only one arm; had
pistol;J amt afraid OF no common man; don't |
KNOW that l have followed up this case; was
present when the indictmenA we're found; was pres