The New York herald., 1868-03-25


by the opposing triumvirate, and next in the
absorption of the triumvirate into the empire.
PROBABLE MURDER IN TIE FOURTEENTH
WARD.
Arrest of the Assailant-Investigntion Before
Coroner Flynn.
Al an early hour yesterday morning difficulty oc-
CURED in the premises No. 45 East Houston street,
occupied by Mrs. Mary Lewis, between Patrick D.
byrnes, keeper OF a cigar store corner of East
houston and Elizabeth streets, and Henry Westcott,
alias wallace, which resulted in the dangerous
wounding of the latter 1t Is alleged that Westcott,
VINO occupied room on the second floor, came in
late, somewhat under the influence of liquor, and
commenced beating his female companion,
who screamed for help in such manner
as to alarm almost every person in the
house. Byrnes, who was in the basement,
hearing the cry for help jumped out OF bed and run
ning 10 the room in question on the second floor
demanded to know what was the matter The door
was almost immediately opened, when the Girl ran
out and fled down stairs. Byrnes entered the room
and became involved in an alteration with West
COtt, during which blows were exchanged between
them Subsequently Byrnes left the house. and soon
after his departure Westcott found lying the
floor In the room up stairs in a state of nsensiby.
Police Surgeon Pooler was called, and after making
an examination was OF the opinion that WesColt
HdO Deen struck on E1e neau with q StungShOt or
other heavy blunt instrument BY advice of DR..
POoler Westcott Immediately conveyed to the
New York Hospital, where up to last evening
nninnn Of ctinr | " condition. In the
op,non oi & ac.laI ..ouse Surgeon Morris there is
scarcey possibility of his recovery and death is
Wasthsue xsayt Issue at almost any moment. AS soon rs
=, .og essGotts dangerous condition became known
search was made for Byrnes, and he was afterwards
Iound at his place of business by detective Irving,
VINO VINO took MIN In charge He still remains in Gus
Gody awaiting the result of Westcott's injuries.
L..
afternoon for the purpose OF taking the ante morem
statement of the victim but owing to his unconscious
condition it was found impossible to do so. Mrs.
Lewis, keeper OF the house where the tragedy
Cured, and two or three other witnesses were ex-
amined and below will be found copy of their de-
positions.
TESTIMONY OF MARY ANN LEWIS.
Mary Ann Lewis, being duly sworn, deposes and
says-I reside at As East Houston street; about eight
O'Clock last evening, the 23d Of March, Mrs. Wallace
came to my room and said that Mr.. Wallace had
come home under the influence OF liquor and was
abusing her; she wanted me 10 go TO their room and
speak to him and try to quiet him; told her she had
said she was afraid he would hit her or choke her.
he had often done it; later in the day she applied to
me several times and came down stairs with the
same complaint, and refused to interfere; at about
twelve O'Clock angry words were passing between
them; he locked the door, choked her and threw her
upon the bed and bruised her very much she raised
the window and threatened to call an officer; my
servant was passing when she called out OF the win
dow for her to call me: she tried to escape from the
man when lie threatened her life: she escaped, low
ever, with the assistance OF my housekeeper who
received a blow on the cheek in so doing from Val
lace she took refuge under OF my kitchen tables
and said she was afraid OF her life in the meantime
while this last was taking place, Mr..
natter il iaa that man meaning % Wallace was agae
beating his woman; replied that thought not. as
knew II annoyed him to have any disturbance and
knew that he had been drinking TO excess while
was trying to persuade him that 1t was all right my
servant rushed into the room saying that MIR. Wal
let me go and went up stairs himself; we heard
angry. words pass between them. and very shortly
looked in the door and saw the man lying upon
the floor; | asked Bvrnes what the mat.
ter nd an ne Corner e ee a Prince AND oasos
Streets and fight him: he said that he objected and
after pareying, Wallace attacked him, and thought
he Wallace) had got the worst of IT. police and the
doctor were called, and Wallace taken away to the
hospital; Wallace used TO beat and abuse this woman
very badly when they were boarding with me year
ago: would call her most fearful names and on one
occasion pounded her face and eyes fearfuly; many
times she has sought refuge in my apartments ana
said she feared violence Ii she returned to him before
becoming sober; when she returned to my house to
board about three weeks since, she had fed from
him account OF his abuse, and was at my house
week before he ascertained her whereabouts: he
promised to reform, but on several occasions nc vo-
lated his word.
Mary Wallace, alias Harrington, being duly sworn,
deposes and says-I reside at No. A5 East Houston
street; Henry Wallace is my friend; he came into the
house about eight O'Clock last evening considerably
intOxicated; he was in a good humor at hrst, but
afterwards grew anay a9ou. ser snc c M We nnt au
out and drank more; this occurred several times;
at last he called me out OF my name,
and when threatened to leave him he forbade
me leaving the room, when opened the window; nc
told me to shut 1t down: said would call police
man; he said il any came they could not take
him out unless they carried him out about that time
saw the servant girl coming In, ana asked her "
she would tell Mrs. Lewis TO come up; had asked
Mrs. Lewis TO come up earlier In the evening when
he first came home; when he heard me eau TO the
girl TO come up he went aud opened the door and
told me could 60 but as ! tried TO go out he ran
after me and tired to induce me 10 come back; Miss
Smith, the housekeeper was coming up ana joined
in pefsuading me; went on down stairs and the
housekeeper hid me unicr The ironing table: Mrs.
Lewis then came into the back basement ana SAID
she was afraid there would be a iuss as Iat, her
friend, had gone up stairs; by Pat understood her
to mean Mr.. Patrick Byrnes: she said he had a pis-
toll; Immediately afterwards | heard a fall and
pounding knocking noise; Nellie the housekeeper
then up stairs; she called for some one to get
doctor, ana ran out and found one at Police Head
quarters; Dr. Pooler was the one tnat came.
Ellen smith, the housekcepcer for Mrs. Lewis, was
sworn and examined but her testimony contains no
facts Of importance not stated by the other W.T.
nesses.
DR.. II. A. Tooer, being duly sworn, deposes ana
says--I am police surgeon attached to me Police
HEADQUARTERS in Mulberry street; was called about
one O'Clock on the morning OF the 24tl OF March,
1865, to attend man who had been assaulted at NO.
as East Houston street; upon my arrival at the house
found the man now lying here PROSTATE on the
floor OF q room on the second noor Of that house;
there were two ladies' present. found him In SEMI
comatose condition, with wound directly over or
near his right ear, aud great deal OF confusion
about the wound there had been considerable loss OF
blood from that wound as was indicated by the pool
OF blood on the foor hemorrhage had almost ceased
before arrived; also found a confused wound on
the left temple near the hair on the upper part
applied all the remedies usual In such and then
ordered him TO the hospital: assisted in getting him
into the carriage and placed him in the most favor.
able condition to breathe.
Mr.. westcot Is large, fine looking man, about
fhrtythree years OF age. His home Is in New Jersey
where IL is said he has wife living IL s also stated
that he possesses fortune of about s25oo0o. Some
OF his relatives have been teesraphed for to come to
the city.