The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-03

door to Elliott, was ca'ledwas living there August
1893; witness was up during that night attending
SICK daughter; heard row outside and raised ths
his mother to 'let him go till he'd Lick tho Fenian
SON OF BIB" Elliott was in his shirt sleeves and
his mother took him inside the house; witness saw
man In linen duster running down the other side
OF the road; I have lived nineteen years next to
Elliott; could not be mistaken about him
Cross-examned-Was on pretty good terms Win
Elliott; had had little trouble with him; mad the
trouble because witness could not AVOID II; almost
every one had trouble with him some time or osheri
Witness trouble with him was fifteen years ago, bue
II was all over long ago.
Robert Foster, sergeant company Il, First United
Had Known boran since since November. 1880; always
knew him TO be peaceable man; poran was with
witness IN Fort sumter; was In the battles ct Fred
Dorani ne had command OF piece at Williams
burg; didn't know that he was c,mplmontcd
Thought highly or as soldier; he Commanded the
most advanced position at Williamsburg; only the
length OF small field FROM the enemy; he defended
that position until he was driven from IL.
Patrick Clancy, sergeant in the same command,
was next caed:-Had been in the army twelve
years; have known Doran since about june 26 1884.
was at Gettysburg Antietam, Chancell0rHvlll0 VIII
liamsburg aud at the Wilderness; have known him
to be peaceable man; always saw bum try 70 avoid
Michael Murray testhed-I was living at West
chester the LIST OF August, 1865; u was oetwcen
house, there were four soldiers sitting In the bar
room; Elliott said to them and two citizens who
were present "Come boys. and take drink;p Soma
Of them drank and some did not; DOran declined 70
drink; Elliott asked D0ran to drink and Doran said
he would not-that he didn't like Elliott well enough
to drink with him; they then went into the back
room and met Doran At the foot Of the stars neal
the door and said it was shame for them
Doran said "no one would lick ElioH
there he would be friend to him, and 1t should not
be said that Elliott was licked by parcel OF SOL
diersn they subsequently lett his place.. Witness
described In detail the incidents OF their departure
but the above Is the most important portion or hA
Judge Cochrane was pext called and testiaed:-I
was present at the trial OF Fitzgerald; took
testimony at that trial, and have no doubt those
notes we're correctly taken identified the manu-
script.
Of previous good reput i0n the medal presenter 20
mis- services in defending Fort Sumter. Tho
proof was admitted, together with such pei
lions of the testimony OF previous proceedingy
as indicated that witnesses In the present trial had
given testimony differing materially from theta pre-
vlOus evidence upon the same state OF facts. inc
evidence for the defence was then closed
At seven O'Clock last evening Mr.. McKeon COM
menced summing up, the theory OF his argument,
which was deliberately wrought and supported BY
numerous eminent criminal authorities, being that
to nd the prisoner guilty the jury must determine
that there was completely OF motive TO commit lic
crime between Doran and the other men engaged
therein. knowledge and intent must be proved by
the prosecution. At eight O'Clock Mr.. NICK con was
still speaking. The galleries Of the court room were
filed by ladies and gentlemen, great Interest ocng
manifested.