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

Continuation OF the Trial Of John Dorian for
the Murder Of Ellen Hicks-Tho Defence
Opened-The Prisoner One or the Defenders
of Fort Sumter,

oil FCft Sumtcrs
Yesterday morning the trial Of Sergeant John
Doran as an accessory TO the murder OF Ellen Hicks
on the morning OF August ., 1885, at Throgg's Neck,
was continued before the westchesier County Court
OF Oyer and Terminer present Judges +. Barnard,
Slltman and Conkling) ut White Plains.
The first witness called for the prosecution was
Alice Hicks, sister OF the deceased, who was ex-
amined at considerable length, and testified that
hearing the disturbance around the house and
the gathering in By the soldiers CAVITY, Fitz-
gerald Charles Burke. Doran and Martin, she
and her sister Ellen left their beds to
SEQ what was the matter; witness came down stairs
ana saw them 50 into Eiiiott's house; short time
afterwards Fitzgerald came out OF the house, and
raising his musket to his shoulder, took aim at the
door where witness and her sister were standing;
Fitzgerald discharged the musket the ball taking
effect upon and fatally woundng Ellen; all the SOL
diers were in Eliott's house. except Fitzgerald at
the time the shot was fired. as rs
Nicholas yoltz, The journeyman baker employed In
Eotts bakery, testified that he in the bakeshop
when the soldiers came TO the shop and asked for Mr.
Elliott; he told them he did not know where he was,
and they LETT and went towards Mr.. Ell0tt's house;
soon afterwards witness heard noise as Of the
breaking Of door and left the bakery; witness went
out and secreted himself behind the gate post and
saw Fitzgerald raise his musxet take aim at Miss
Hicks and fire; there were other soldiers In sight
AZ the time except Fitzgerald there was ony one shot
Richard Hicks, brother OF the deceased Ellen
Hicks, was called and testined-I was with Elliott
on the evening OF August 1. 1866 In MurrayS tavern
when they got Elliott In tho back room they
were crowding about him and he was trying TO
get away from them; l went In and asked
spoke something TO the rest OF them and they
let Elliott go QUIT after that they Followed Us
out TO the soop Elliott and myself TOOK the horses
home they followed US again and Burke came up TO
Elliott; Elliott saw that Burke was coming at him.
and Knocked him down; Doran then struck Elliott
with something that looked Ike a bar OF iron, and
broke his arm; after we got home went to bed;
some time after l was in bed heard noise, and
heard my mother crying out that her child was shot;
/ went down stairs and saw my sister Ellen lying on
the floor; she was shot; the bullet was lying on the
floor witness Identified the bullet; my sister died
about six O'clock Ii the morning; she lived about
three hours alter beng shot.
Cross-examined by Mr.. McKeon-I put no mark
upon the bullet; picked 1t up OF the floor and
looked at 1t and put II down again; know 1t by the
mark OF the plaster on 1t whore 1t struck the wall:
after we came out OF the tavern we unhitched the
horses from the wagon ana walked away Win them
we walked away quietly.
Q. DID they attempt to prevent your leavIngi A.
Yes, Sir, they did their best.
@ what did they DO there were four OF them and
only two OF your A. They didn't do anything to
me, but Doran said to Elliott he had fellow here
from Philadelphia to fix him; Elliott asked them to
take . chew Of tobacco, and D0raa said he wouldn't
take 6 chew from him, he'd rather chew the heart
OF him; we walked with the horses in the middle
OF the ! road; the road to the fort 10y past
Elliolt's house, didn't see D0ran aud Martin do
anything except strike the single blows they passed
on they ran away, all four of them; the next morn
ing saw one OF lie Burke3 walking along tue road
about six O'Clock, towards the fort; told Justice
Burns, who was with me, there Is one OF the muir
derers - ne appeared to have been drinking: took
hold Of him, and the Justice sent him over to the
town house, this Lurko was acquitted; we walked
slowly away from Murray's with the horses; they
'didn have to run to oyertake us; didn't see Do
ran have anything In his hand at Murray's.
Sergeant Steers. Of tine metropolitan Police, and
an Mani and
the circumstances attending the arrest Of the
prisoners; 0ltcer Phillips remembered that there
was slight wound on Dorans head when arrested,
Justice Durns was sworn and testified as to the
measures taken by him on the occasion OF the hOmi-
eide to secure the arrest Of the prisoners; witness
took portion OF the evidence OF witnesses at the
inquest, prior to the arrival or the Coroner; accord
ing to witness best recollection, without refer,
in his evidence that after he dropped from the
window OF his house and confronted Burke, Burke
ran towards him (Ellotb and showed the muzzle OF
his gun In his mouth anu snapped the cap but 1t did
not go or the minutes say 'mouth and face'y. The
Witness Elliott In his direct testimony testified that
Burke aimed at him and snapped the cap that he
lowered his musket and the bayonet fell or and
that Burke then pushed hun tEiliotp against
q tree near the fence.
The District Attorney desired to show tina. Elliott
was 50 exhausted or excited when giving that test
mony at the inquest that stnulants had TO DO gvea
him TO enable him 10 give his testimony.
Mr.. McKeon, prisoners counsel. suggested tina.
this was merely wanting co prove thai they had 60
make Elliott drunk before they could get TO tell
the truth and 0beeted to the admission Of proof
The District Attorney waived his offer upon the OBJ
Mr.. Livingston. civil engineer was called and
Identified diagram OF the locality OF the homicide
and testified to its accuracy, 1t beng made under his
Hugh Gallagher residing ut Throg's Neck was
then called dor the prosecution aso) and testified IN
relation to the finding or ride In the road in the
morning. after the homicide was committed; also
that he went 10 the creek which Elliott had sw am
across and found the gun which Elliott had thrown
IN IN IA fra ~ IN inf I'm tkNrt
ties. On the night OF the LIST OF August
witness was In bed in his own house and
about eleven or twelve O'Clock was awakened by
a noise outside the house; witness arose irom ms
bed to ascertain the cause and heard the voices OF
Elliott and his mother; heard Elliott say to his
mother to let him go-he would lick would hit the
Fenan son OF b-h or words to that effect witness
believed Mrs. Elliott was trying to get Alick Elliott
soldier in the road heard Mrs. Elliott say come ITO
the house; was certain to hearing Elliott use the
words stated; knew his voice very well; had been
acquainted with Elliott and mis- mother for about
TheDstrict Attorney attempted to have the min
statement admitted in evidence.
MIR. McKeon objected on the ground that the re.
quirements OF the statute had not been compiled
with, inasmuch AZ that the prisoner was not In
formed before making the statement that he could
have counsel, and that no time was given him to
procure counsel. The Court sustained the objection
evidence for the prosecution.
Mr.. McKeon then addressed the jury briefly, SET
having got into the fracas at Murrays tavern, and
subsequently on the road became scattered and on
returning to the fort found that OF the Eurkes
was missing, that they afterwards returned to find
him, he being the man who was met about ak
o'c ock the following morning on the road by
Richard Hicks, and that what subsequently ensued
was not . premeditated act and that II IL was tine
prisoner was not party 70 It He also paid trib-
ute to the military record OF Doran, who Of
the defenders, under Major Anderson, Of Fort Sum-
ter In 1891, and exhibited o handsome medal, pre-
scnted to Doran by the Chamber OF Commerce OF
new York for his participation IN that gallant de-
fence.
Michael Kcarns was the rst witness called for the
defence and tesi1ed-I was at Murray's on the night
Of the LIST OF August, 1885, Elliott into Murrays
and Doran there at the time and three other SOL
diers with him. the soldiers were playing cards;
Elliott asked the men 10 have drink; he asked me
to have drink; Elliott called for drink and spilled
on the bar; Burke had got up and was talking %
Elliott, and believe Burke hauled OF and struck
him; they then went into the dark room;
the other soldiers were with them; Elliott
asked them to let him 20. and told Elliott
~ long AZ no didn't want to tight he
wouldn't be licked there; after while they went