The New York herald., 1868-03-28

20 the occurrence; saw two pistols In his room one
accuseds property and the other that Of his woman;
was accidentally struck on the nose at one time by
accuseds elbow.
Hugh Riley, sworn-Resde at III Forsyth street,
am laborer; met Wallace corner OF Houston and
Crosby streets at about eight o'clock he was drunk
had no drinks; he asked me to go to Lewis and
have bottle OF wine with him; l refused; u
man named Golfer was with me; he said he was
going there to make an Irish gin peddler
home; he replied" Wallace has been long enough in
New York to know when to go home; he then went
toward Mulberry street. and know nothing more OF
the atar except what have since read in the papers
TESTIMONY OF BERNARD coLrRa.
Bernard Golfer, sworn = reside at 2l3 Mott
street; have heard and corroborate the testimony
OF preceding witness; was In company with Riley
when Wallace came up and invited us to go GOT, 70
not drink; Wallace then left after making some re-
marks about making man named Byrnes Sick
TESTIMONY OF JAMES IRVING.
Oncer James Irving, sworn-i am q detective po-
liceman attached ID headquarters; between one
and two O'Clock OF the morning OF the 2ath inst,
heard OF the disturbance and went over to Is East
houston street, where 1 saw Henry Wescott. alias
Wallace, lying upon the noor; when saw him he
sensible; DR.. Pooer was present, and Said the de-
ceased had better be taken to the hospital that he
where Mr., Byrnes was likely to be found, but could
get nc information; Mrs. Lewis came out OF the
house and followed her to the corner OF Elizabeth
and Houston streets, which have since learned was
Mr. Byrnes' place OF business; she went IN to the
store, and questioned the orilcer on post as to
the place and told him to stay around Ia, i and
would have to arrest Byrnes, as it was
likely Wallace would die; Mr.. Byrnes came
quarters and that he would have to come TO the Of
nee with me; he then remarked that he meant TO
tunate affair for for the deceased and himself also
The evidence here closed. On the Coroner hand
Ing the jury the manuscript OF the testimony taken
during the inquest he spoke as folOws:-
GENTLEMEN OF THE JURY return TO you my
thanks for the attention you have given to this un.
fortunate CASE You have heard the testimony Of
the witnesses, and as an intelligent and nqniring
body OF men it is for you with the light given you,
to Judge and pronounce upon the manner of the
death OF Henry Wescot. AS the testimony is en-
rey In your hands II is unnecessary for me to dwell
upon the statements OF the witnesses
The jury then retired, and at a quarter TO six
O'Clock handed in the following verdict
We, the undersigned, Jury OF Inquest, empaneled
by Coroner Flynn to inquire into the cause of the
death OF Henry Wescott do give as our verdict that
Henry Wescotts death was caused by blows re-
ceyed at the hands OF Patrick d. Byrnes together
with stamping and beating him In such manner that
congestion OF the brain resulted and death followed.
The prisoner was then placed on his examination,
ana TO the usual interrogatores answered that his
name was Patrick ID. Byrnes, aged twenty seven
years, native OF Ireland and dcaler in liquors. his
residence being at No. II East Houston street
AS to the matter for which lie was held, he
stated that the night in question, at about
ten minutes past twelve O'Clock, while passing
the house No. 45 East Houston street, he heard
violent cOmmOtiOn up stars; that he entered the
house, and subSeq uenty proceeded TO quell Tie dis
turbance and quiet the party; but from threats,
thinking his life in danger, tried to leave the room
whereupon Henry Wesc0tt seized him by both arms,
and butted his head with great violence against his
ByrnesD; he (Byrnes then tried to extricatc him
SELF by singing him (Wescott) forclbly across the
room, aud on getting disengaged left IT, Further
than this the prisoner had nothing TO say.
subsequently Byrnes was ton the advice and con-
sent OF the District Attorney permitted by the Coro-
ncr to give bail in the OF s. 500 TO appear and
answer TO the charge whom notified.
His suretics are John Early, OF No. 231 Elizabeth
street, ana Thomas Cassidy, or No. 70 Prince street.
The bah bonds were not executed until late hour
last night.