The New York herald., 1868-04-29

clnched and fe and aer cries Of some kind or other
and degree Of violence participated in BY the
by some lockers on and pulled away from Kelly. Up
to this point the scene s simply one OF those ordinary
s Of
our city. We expect to show you by the testimony
Of witnesses that Immediately upon sharpe's being
Sharpe We expect to show that that wound was q
Sharpe 70 the that
while sharpe still prostrate Kelly again fired at
deceased and then fired third time, the B. last tss
side, which inflicted serious injury; the other upon
the right side, which produced DEATH 1t Will there
urge upon you the consideration Of state of facts
where death was caused after all conflict had entire
y ceased The law Of the case as s the law OF muir
der In all countries ought to be terribly SIMPLE IL
Is simple-that he who has premeditated design
TO take the Life OF . human being and kills
@ tation of reqh the courts upon that law wv is eanay
simple and terrible-that 1t Is only necessary that
ne u ,be e hs pe
terial II may be found at the instant Of striking the
blow. II We lay before y0u state OF facts of that
der in the inst degree II we lay before you state Of
facts which does not come up to that statement OF
alters the condition OF things then it WIN he for you
to consider what lighter verdict can be given IN &C
cordance with the facts with the directions OF his
Honor and with You're own consciences.
THE TEsTIMoNY-JOHN W. ATKINSON EXAMINED.
John W. Allinson was the first witness called and
Knew Kelly and Sharpe; was treasurer at the
Theatre Comique in December last; was in the Fifth
e S e
Sharpe; sat Immediately behind Kelly and Leon dur
ing the performance; they were there when he went
IN y ane da ss pee " snspe nay LAP SSen %Ss eay Se
ing the theatre with Mr.. Delafeld saw sam
Sharpe; he asked me to wait; told me he wanted TO
spoke 70 Leon and told him he had been telling lies
about him; he said to him:--"Y0u have been saying
my property Is al Mortgaged and you are stnking
in which insulting words were susd by Kelly
Or Leon. Qhe witness then detailed the the
to the general altercation which took place between
the parties, and which resulted in the first
shooting; at the time Kelly fired the first shot sharpe
that slight pause occurred between the firing OF
the first and second and third shots; when Sharpe
fell his body lay partly on the sidewalk and In the
about twelve feet and fired two other snots after the
second shot, perhaps the third, Sam Sharpe came
up, uttered an exclamation of horror, drew his
revolver and fired at Kelly; when in the act Of
firing again policeman came up and knocked
hand; next saw Samuel Sharpe in the vestibule Of
the Fifth Avenue Opera House; saw Tom Sharpe's
body on the street afterwards saw it again when it
OF the Feare oomaae snse 0ssa as
hosss on tss 18th OF pece%ber stooa IN the
vestbule of the opera house until Kelly and
Leon Leon passed out; after they had gone few yards
when Sharpe touched Leon on the shoulder and told
him, "You have been telling lies about me; you said
ar;" don't think the language was used In hostile
manner; did not expect there would have been any
e
considerably; Sharpe said II have said 1t before and
VIII say II again having reference to calling him
hundred and sixty or one hundred and seventy
- A STRANGE INTERRUPTION
am poor 100; not 10 yet"
than his brother; should say he was about $50
pounds he had the appearance OF being strong,
muscular man; Leon lwho stood up In COURT
as my observation went saw no blows struck by
sam sharpe. Sl Cor, -o,,o s.,, 90 ,,, ,,.,.,o.
pa su he near asm snas say &c ss
pointing to Kelly, "and viii take care Of the
maSS at to when CROSSING
street after Leon the first saw OF Tom Sharpe was
when he and Kelly were together, and immediately
afterwards Kelly fell to the ground; they were only
together few seconds when Kelly fell; did not see
Tom Sharpe kick Kelly after he had him down, and
did not use any violence towards him; l did not
know hear OF Kelly having his ears bitten by Tom
sharpe Kelly was very much excited after he got up
s5s ana s very wS sa% @ do the was to
a pistol at Sharpe; / heard five pistol shots
altogether on that occasion; saw Sam sharpe fire,
whether 1t was aimed at his head did not see him
fire the second time; saw the policeman interfere
had not the least knowledge that any encounter
would take place between the parties.
" THE coRoNER's TESTIMONY.
Coroner William Schirmer, sworn and examined
j held the inquest over the body OF Thomas Sharpe
in Bellevue Hospital; there was post mortem eX-
animation made at the same time; found the body
in the dead house; Simeon Leo made the post NOR
TEN examination; he Is now in Chicago; could not
tell what other physicians were present; DR.. Leo
body-one on the right side Of the thorax and the
other above that point.
strong, large sized man, and weighed perhaps
two hundred pounds.
Frederick Eberlin, sworn and examined testified
On the l1th OF December last barkeeper at
the Hoffman House In Twenty-fourth street; IT., II Is
about sixty or seventy-five feet from the Fifth
Avenue Opera House; there was a gentleman u the
barroom who attracted my attention TO some lighting
that going on In the street right In front OF the
opera house; looked and saw sam sharpe: Kelly
and Leon seemingly IN dispute about something or
other; they seemed TO be talking TO each other tile
next thing think saw Sam Sharpe make blow at
Leon; II he struck him could not tell but 1t seemed
to me that Kelly tried to interfere 10 prevent him
from striking Leon; he kelly seemed TO step be-
tween the two; at that time saw Tom sharpe come
out OF the theatres sam Sharpe after Leon across
the street. the north sde right in ffont Of the Ho-
man House. and then Leon crossed over again to the
same side that he came from In front OF the Filth
Avenue Hotel, aud San sharpe after him; at that
time policeman came up, and 1t seemed TO
me that was trying 10 get the other ar
rested; they had q conversation With the policeman
and The policeman prevented them from fighting;
Immediately after that went out on the stoop: did
not see Tom sharpe do anything al this time.
Q. When you came out what was the first thing
that attracted your attentionY A. was looking az
Sam Sharpe and Leon; looked down towards the
theatre; seen Tom Sharpe top OF Kelly upon the
ground; then heard Mr. Kelly remark "For Gods
sake take that man of me;" seen three or four
men step forward and pull Tom Sharpe on; then
/ looked towards the other parties and bn
mediately after that | heard the report
OF the pistol, and on looking round Tom sharpe fell
forward; saw him sagger and fall: he fell right on
his face, you might say towards the gutter head
down; part Of his body was on the sidewalk, and
his head and shoulders were leaning forward; he
was laying with his face that way In the gutterlwit
ness described the position OF the body; do not
recoilect as to whether l heard the second shot
fired; the last shot saw Kelly fire, and Tom sharpe
was then lying down; saw Kelly fire at him as he
lay upon the ground the next thing l seen
was Sam Sharpe fire &C Kelly: then the policeman
came up and prevented sam Sharpe from firing an