The New York herald., 1868-04-30
THE KELLY-sHARPE HOMICIDE.
COURT Or GENERAL SESSIONS.

Continuation Of the Trial Of Edwin Kelly for
the Alleged Homicide Of Thomas j. sharpe
Testimony for the Prosecution Closed-The
Case for the Defence.
Before Recorder Hackett.
The trial Of Edwin Kelly, charged with killing
Thomas J. Sharpe, was resumed yesterday morning,
Mr.. John Anthon prosecuting on the part OF the
people, and Messrs. Clinton and John Hayes counsel
for the defence.
DIR. CoHBS's TESTIMONY.
The first witness called for the prosecution was
DIR. Henry NJ. Cohen, examined by Mr.. Anthon-I
am practising physician Of this city; reside at 4O4
West Twenty-second street; remember the occur
renee In 1867 resulting in the death of Thomas
Sharpe; on the day In question was walking up
Twenty.fourth street towards Broadway and
within some distance Of the Fifth Avenue
Opera House l saw q scufiie between some
the street; did not know the parties at the time,
but subsequently ascertained them TO be Kelly and
Leon Just as reached the doc door Gi the opera house
Tom Sharpe, ran out into the street; then heard
some one excaim, "You take care Of that one and
/ will look out for this one;' he then ran back
towards the opera house, and encountered gentle
man whom afterwards ascertained TO be Kelly;
Gods sake take him on me;' witness then TOOK
hold Of the deceased and with the assistance
Of some one else removed him from Kelly,
who, when he rose to his feet, fired at Sharpe, saw
Kelly In the act OF firing second time when Sharpe
was lying on the sidewalk; saw that Kelly was
wounded In the temple; subsequently ascertained
that sharpe was dead and on turning the body over
found the pulsation had ceased entirely; witness In
dicated on his own person where sharpe had been
shot.
witness was briefly cross-examined, but nothing
affecting his direct testimony was elicited.
TESTIMONY OF ABRAHAM NUssBAUM.
Abraham Nussbaum, examined by Mr.. Anthon-
saw this transaction at the Fifth Avenue Opera
House; I was at the theatre standing In
the vestibule; ! got outside and saw Tom
aud fe; Kelly said, .sfor Gods sake
gentlemen released him, when Kelly drew pistol
and fired II at sharpe, who fell between the gutter
and the sidewalk, with lss face down; sam Sharpe
then came down and fired at Kelly; think In all
there were three shots fired; saw Tom sharpe fall
after which heard another shot; Sam sharpe then
Knocked his arm up and prevented hlm (; l did not
see sharpe kick anybody.
Cross-examined by Mr.. Clinton-I could not say
positively how many shots were fred; they were
very rapid; could not tell how many men pulled
sharpe OF Kelly; at the time was standing at the
present. there was number OF ladies coming out at
TESTIMONY or OFFICER rREsss.
yncer Ranie, freese ex9wfSw s " street
and broadway and saw sharpe and Leon running TO
the entmtce TO the bar OF the Holman House; when
they got there they exchanged few blows ana then
started TO run towards Broadway; ran down ana
met them before they reached Broadway; sharpe
wanted me to arrest Leon stating that two Of them
had pitched on him." arrested leon; subsequently
heard pistol shots and ran towards the crowd; saw
Tom sharpe lying there; Kelly was standing ovel
him and hred two shots; sharpe was lying on the
sidewalk with his head and shoulder IN the rutter