The New York herald., 1868-04-30

got sod Of Rely and pulled him back u turning *
and TOOK the pistol irom nom him; gave thAt pis:;
tol TO the Coroner; examined Sharpe's pistol ana
found two shots had been fred; arrested sam
In DISCRIMINATION the witness stated he took
sam Sharpe 70 the TWenty-ninth precinct stau0n 10,
trance to the bar Of the HOFFMAN House, saw sharpe
strike Leon but did not Leon strike Sharpe, as
his back was towards me; noticed the difference
TESTIMONY OF OFFICER KENNEDY.
0ficer Kennedy examlned-I did not see the oc.
first heard of the killing. Of sharpe about twenty
minutes after 1t occurred, and arrested him about
where surgeon was dressing his wounds.
Cross-examined by Mr.. Cinton-Saw Kelly's con-
rhs b sd wn On
the jawbone; those were all the marks noticed
TESTIMONY OF JOHN a. DRLAFIELp.
John H. Delafeld, examined by Mr.. Anthon-Was
subpenasd py Mr.; Kelly to attend this easel have ave
invitation Of Mr.. Allison. with whom have been &C
quanted; attended the matinee at the Fifth Avenue
Allison asked me to walt for him; proceeded on,
and when coming out saw Kelly and Leon coming,
t0d
liar,n and to Kelly, "You God id son Of -, can
word he took Cd his coat and gave 70 bystsnder
whom don't know; Sharp seized hold Of Leon
ana attempted TO strike when M Mathews tSs - nier &
midst of which Leon got away and ran quickly TO
the opposite side Of the street, closely followed by
when one Of them said, ii WIN look after this one
and you can look after the other;n Tom sharpe re.
with Sm key Was thrown 70 he s with
Tom upon his body; Kelly cried, "For Gods sake,
take him 9 me also heard one Of the bystaanndes an
kick him two or three times; at this time my view
was obstructed by the increasing crowd, and went
did not see them fired; saw Sharpe fall down; had
been introduced to Sam Sharpe Kelly and Leon, and
Gross -examined-D not see Leon use any vio-
lence did no not see Kelly do anything except strug-
CAPTAIN spEIaHT's TESTIMONY.
Captain Speight, Of the Twenty ninth precinct,
testified that the pistol now shown to him was re-
Sarres he 6rougRs Kelly to the saon
house and saw that he was bruised some about the
head; he had pistol shot wound and his head was
SAMUEL sHARpE's TESTIMONY.
Samuel Sharpe, sworn and examlnedni si;,,, am the
opera House on the 11th Of December last to meet
Mr.. Garland the manager OF the theatre, and after
l went up to the auditorium and sat alOne as soon
as entered the theatre Kelly and Leon sitting
fore that did not my brother In the theatres the
first saw OF him was during the fight between
o. Did you on that day address any one as an Irish
son Of q b-hf A. did not.
Cross-eXamned by Mr.. Clinton-Q. Did you use
that expression with the word Irishh left Outs A.
Yes, sir; formerly had minstrels at the Filth Ave-
nue. Opera House; was interested in the theatre at
aging IT, and interested in the success and In
the receipts Of the establishment after left the
WaneS to did not Maned 20
Kelly; Ihad but slight acquaintance with Kelly at
that time; Kelly and never had any differences;
quarrel originated between me and Leon six months
before, but that was the first time saw him since
the quarrel; did not follow after Kelly and Leon
ntnv&o
the door.
the vesbule of the theatre did you say with refer
ence to Kelly and Leon 81 have been looking for the
sons of b--for six months, and got them at lasts
A. have recollection OF using such language; I
cannot recollect what was said after saw the body
can tell you anything previous.
sault upon Kelly on this occasions A. Yes sir.
q. That Indictment Is pending and untrieds A.
O. Did you employ private counsel to try this case
Mr.. Anthon said-Yes, he did.
Witness latter hesitating)-Yes, did.
Mr. Clinton said he admitted that Mr. Kelly fred
the shots which caused the death of Tom Sharpe,
and the defence would plant themselves upon the
recess OF fifteen minutes was taken.
stephen Smith was called after the and tes-
the post mortem examination on the body of Tom
Sharpe; there were two wounds upon his body one
the heart and the other penetrating the liver on the
right sde the wound on the left side In his opinion
caused Qeatn.
TESTIMONY OF CHARLES H. GARLAND.
Chas. II. Garland-I was manager of the Fifth Ave-
nue. theatre on the 11th Of December 1 saw Sam
sharpe that day think about half-past three in
the ticket Office and had conversation but spoke Of
nothing but private business; saw Sam Sharpe after
the performance closed; ! was talking with him,
Leon went out and he said await minuten and fol-
lowed them; the next heard was some loud words
them scuffling the next saw was that Tom Sharpe
came out and then saw Kelly and Tom scuffiing;
saw them fall; saw Kelly shoot revolver which 1
think he took from his vest pocket; then saw Kelly
| fire again either Tom Sharpe fell or as he was
down; they were about six or eight feet apart did
Cross-examinaton- first saw sharpe buying his
ticket at the commencement OF the performance;
did not see him m the theatres at the time Sam came
out did not see where Tom was Kelly and Leon at
the time came out Of the theatre, were standing
about three steps from the door didn't see Mr.. Mat
hews or M Aston eoag anytnng & TO %
| time Sam Sharpe left me; didn't see Mr.. Kelly
doing anything; did not see Sam Sharpe have hold
| sam Sharpe; saw all three Of them moving theil
hands about as II trying to hold each other
saw Leon % run o, away saw sam shame rI
| pot hear any loud talking between the three
| saw Tom Sharpe 60 rapidly towards Mr.. Kelly;
wards they fell to the ground, but cannot say whici
OF them was undermost; saw Sharpe after he got up
was looking, think, at Leon and sam Sharpe; the.
| were running towards Broadway at the time tht
| others were on the gr0und when looked again o.
| Kelly and Tom Sharpe sharpe was standing up;
shot; rented theatre from Sam sharpe; / was thu
| manager Of that theatre, but not the lessee.
Mr.. Anthon stated that he would call Mr.. Jordan
an eye witness of the occurrence, and with that ex
| ceptlon would consider the prosecution closed.
THE CASE FOR THE DEFENcE.
Mr. Clinton then opened the defence In a brief ad
| defence, and called as the 1rst witness
Augustus J. Trimbe, testified that on December L
he was at the scene OF the occurrence; was there
/ alteration OetWpel