The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-16

high, the second tower eighty feet. The material
was submitted by an eminent architect, under whom
first class worSmen are eihployea W complete the
work.
THE BROADWAY THEATRE SHOOTING AFFAIR.
,->,~->~.~<.-->~>~>~~o~~o~-
At ten O'Clock A. NJ yesterday, the hour to which
the examination in this case was Adjourned, the de-
PENDANTS Deputy Sherifs Moore, Leary and Leyison
we're promptly on hand, IS also were their counsel
and the witnesses summoned to give their testi-
mony Judge Shandey, OF the Essex Market Police
Court, the investigating magistrate, was likewise
in readiness proceed. AS at the previous session,
the District Attorney Mr.. A. Oakley Hail, failed, how
ever, to put in an appearance. After waiting an
hour the examination was proceeded with nOtwith-
standing his absence. Mr.. stephen Wilson, who on
the night OF the shooting was employed as one OF the
scene shifters, and who, it will be remembered, was
shot in two places in the head and right leg, was
the only witness examined. He was brought to the
court from the City Hospital in carriage, and hob
bed into the court room on two clutches. The fol-
lowing il his testimony. Previous to entering on
his examination all the other witnesses, by direction
of the Judge were ordered from the room:--
! reside at No FL Division street; on the night
OF the oath August. Il little after nine O'Clock,
just as the second act of "FOul Play" was
on at the Broadway theatre row occurred;
have been employed as private Waterman, and for
the past three months had worked also among the
scenes and dies; heard the noise was about ten
feet in front Of the fOOtghs near the first entrances
this was my station; heard disturbance nj the
back door; in less than half minute 1 saw some
half dozen men rushing in between the scenes and
the wall through gangway; stepped around TO the
second entrance; saw no shield On any OF the men
anu did not hear one OF them say he was an officer
and neither did any one else say they were officers;
in the first entrance there Is a notice in writing
posted up, IN which it is said 1t shall be the duty OF
The wingman to keep the entrance clear OF every
body except those having business on the stage;
might have said to these men 81 want yOu to get
out of here" or "You have no business here,' or
words to this effect; two three OF them grabbed
TO get hold OF me, and lodged to get out OF their
way; on platform near by was small boat, sup
ported by braces, threeeighths OF an inch wide and
two feet long; after jerking away from the men
caught hold of one OF the braces breaking 1t in two
pieces; one OF these pieces ! held In my hand; at
that instant while in STOPPING attitude, heard the
report of q pistol immediately jumped up and re-
treated towards the middle Of the stage from ten to
fifteen feet from the men and In about the centre OF
the stage: saw q man with white hat, the taest
/ distinguished among the party, deliberately pun
pistol and fire at me; the shot hit me in the leg;
started TO get out OF the back door of the theare
went down to the prompter's room by the footghts;
think ! went down flight Of stairs leading
Into the cellar from the tho side Ssc Of the
was then seized by the throat, showed over railing
that goes around the stairs and then shot In the head
wearing mustache, the biggest man In the party;
lie shot me he said, ''Ill blow your head or Tor
yo1r brains oqt you sMn , OF BIB" or something ,
door and called for the police; one happened to be
close by; l told INN hal been shot and wanted him
to arrest the parties he was about going inside when
told him there was gang Of them and he had
better rap for assistance which he did; pointed out
to the ocer the man who shot me frst-the tall man
Judge-Can you identity that mans
Wftness-I think can, and Will do 80 soon: there
were five arrested 1t Is said there were six OF them.
and believe 1t is pretty well known who the sixth
man was. ! started for the station house; an
arm: while sitting in the station house the
captain brought the prisoner near me; pointed out
to the captain the man who shot me in the leg; Twas
soon after put in carriage and taken to the hospi.
tai; have remained ut the hospital ever since, and
have got to go back there again.
Judge-Can you identify either Of the prisoners as
those shooting you?
witness-There is no doubt that the large man
with the mustache deputy Sheriff Moore) shot me
wore light clothes and dark round top hat.
Judge-Can you identify the one who shot you In
the leg?
wtness--I identified him twice positively the
night OF the shooting; cannot point INN out now
Cross-examinaton--i had no pistol that nights
do not carry one, and have not since 1861, when ]
was deputy United States marshal under Marshal
Rynders; was q deputy marshal some three years;
was volunteer of Engine Company No. J5-nOt a
certificate member: belonged TO Engine Company
No. 80: was member from about 1855 Till she was
disbanded; Of 80 was member for three years from
1889, while she was in Doyer street.
q. Did you ever shoot any one yourselfi A. No.
q. Did you ever claim TO be expert IN shooting
peOpleg A. No.
Q. Did you on the night OF August 90 use an ex.
preston like ths:-"You s-n OF u b--h, If | had
you nine PAGES Off and pistol in my hand I'D fix
some OF you,r or words TO that ciiectS A. No, sir.
O. nd yon not several times say on this night
Lets drive the SIS of b--hes back or words to
that clreCts A. No sir.
q. pid you ever wound any person with any other
poCkelknifc, in sclf-aeence; John Brown was the
name of the person: II occurred ~ the corner or
bowery aud Bdya,d street; don't know where he
lives, but believe he IS IN the Naturalization ONCE
q. pid you ever fight prize fightf A. No.
@. Ever rough ana tumble ightr A. No.
q. pon't YOU know that for number OF years Won
enjoyed q standing reputation as being Il hghiing
man1 A. It - unbeknOwn &C. me If | Rave such II
rcpuiation can take my own part; don't know
not for Gghtng the volunteers were good lighters
* there were ON the island.
q. lid YOU know anything about an order Of ar
rect coming 10 the theatre that nghir a. No; ut the
time there were SIX or seven working on
the STAGE; don't know how many actors
or supes there might have been on the
stage; presume the mechanics were all able bodied
men, did not see Mr.. Jack the actor, that evening;
there was standing order TO Keep strangers from
coming IN the rear way; don't know whether special
orders were given on this subject this evening:
don't know Mr.. Harkins by sight; heard ne was
coming 20 the theatre TO play: can't remember any
Of the theatre men a. beng in the Fray saw none Of
them concerned In IL; when was shot there was no
tn ltrc man near me that saw; to the best OF my
recollection heard four or five pistol shots: heard
one before was shot IN The Leg think IL was cred
nj me; don't know where the shot went to that hit
me IN the head.
O. Was it a shot from pistol or u blow from some
knuckles that hit you IN the heads A. a shot from
Il pistol.
q. was it bail or wad9 4. have doubt It
waS bali; The doctor attending me ~ the hospital
told me u was a scalp wound from q bali: Thought
the crowd OF deputy sherifis u crowd sent from
the New York theatre TO break up the play: had
heard Il intimaed among some of the supes that
there was going 70 he Ia the theatre the party
getting M the row To come from the New Nork thea
tire: heard tha early IN the evening.
o. Were any preparations made that YOU know or
heard OF TO receive and welcome crowd from the
New York thcajreS A. No; saw drunken man
on the stage OF the theatre that evening.
The examination vas here adjourned to ten A. NJ.
SATURDAY.