The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-11

prisoner had not Deen iried he therefore objected
thus trial proceeding here, as this was not the next
term OF this court alter the finding OF the indlct-
ment
Judge Barnard said this court was presumed to be
always In session although adjourned from time to
1he objection was overruled and exception taken.
Judge Barnard then announced that before the
witnesses were examined he desired 10 say TO GER
tain gang-some OF whom were present and who
BELONGED to a notorious gang in the upper part OF
who Appeared as witnesses on either Side OF the
case they would get themselves into trouble within
less than forty-eeht hours afterwards. lnforIna.
ton had been sent 10 the District Attorney and TO
other officials that certain witnesses had been
threatened that II they Testified here they w0ld be
assassinated as soon as they got out. u anybody
was interfcred with those men who were guilty
thereof will find that somebody In this republican
land OF ours would get themselves into serious
trouble.
These remarks OF the Judge created q marked
sensation among the spectaIorS-the majority OF
whom were OF the square-awed, low browed, ruff
anly element OF the quarter OF the city referred 10.
Throughout the entire day and into the long hours
OF the evening and night during which the proceed
ings were continued the court room was crowded to
its utmost capacity even to the greatest discomfort
and Inconvenience. At time the rush for ingress
and place within the body OF the court room so
great and indeed, tumultuous, that Judge Barnard
directed the officers to close the doors and allow
more persons In than could find seats. Subsequently
however the Court directed the officers TO admit as
many as the room would accommodate and re-
marked that perhaps the proceedings they were
about to witness might prove salutary warning to
them.
Witness then testiaed-I reside In WAYNE county,
Pa; was In Thirty-second street, near First ave-
nue. about hafpast ten O'Clock, on the night OF the
upper or north side OF Thirty.second street; saw
o policeman walking up slowly close along
by the buildings: he was moving very slow,
and when l passed him he had stopped;
had got about twelve or twenty feet away when
heard report and saw this prs oner, think, stand
ing with q revolver in his hand; the other man fell
on one knee and put his hand on the ground and
was then facing this prisoner; the prisoner then
fired another shot and turned and ran away up
street; l heard only two shots then, but heard
another some time afterwards; the prisoner and the
officer were about eight feet apart; heard the re-
the prisoners hand and saw the flash from 1t when
he fired the second time.
Cross-examined-Il live in Wayne county and have
q family there; my family was there two months
ago; had before the time OF the mu rider been work
ing for Mr. Wright corner OF Finy-fourth street ana
second ayenne | am house carpenter; on tne gay
the morning was up III First and Second avenues,
waiting for man who was going to o job at Flush
ing with me; might have taken about two drinks
that day: from sundown till about the time OF the
murder had been in Tompklns Parade Grounds
was walking very slowly when the of1cer came
along; went into q place in Thirty-fOurth street
that night, looking for lodgings place where sign
says Give and Let Live;' didn't drink there; when
was passing Thirty second street saw this man at
once, standing by the coal box; l didn't see the
officer till got partly across the street; cannot say
exactly where the box Stood but IL was close to the
corner. think in the avenue; spoke to no one at
the time saw the murder; ran up the block 10
Thirty-fOurth street; went to get my satchc but
saw the house where left IL closed ut liquor
store afterwards heard some men saying, "DO you
think he'll swin9s and some one said "he oughtn't
to- 1t served him right for he's been after him for
thing toany one about what saw; crawled over
fence into lumber yard and slept there;
IN e and IN he od e
the MURDER he didn't tell me who was killed, but he
said they arrested man named Real; he asked me
II wanted to see the man who was killed, and
went and saw him at the station house; saw cap
tain or some other officer at the station house, and
told him all knew about the murder; there might
have been a man talking to the officer next morning
at the corner Of ThHty-lourth street: don't think
they wrote down what sad at the station house;
the c0roners inquest was held that day and was
held as witness; testified there to substantially the
same facts have testified to here; think ibid; have
been In the habit OF passing through New York near
y every spring; didn't see any pistol IN the hand OF
deceased; he had his club IN his hand and think he
was swinging It.; don't remember hearing any
words between deceased and prisoner.
Redirect i was passing along Thirty-second street
and prisoner came down the avenue; the man who
stood by the coal box had his coat unbuttoned and
he was facing towards the avenue near the corner;
he had white shirt on and think his vest was UNI
buttoned.
Re-cross-I don't remember whether there was
moon that night, whether II ives cloudy or clear;
the lamps were lit. can't say how large Smedick
was; he was good sized man; he had his uniform
To q JUROR was passing up on the west side OF
the avenue and the coal box was on the north side
OF Tbirty-second street.
was sworn and testfed-I belonged to the police
in July last, and was in the vicinity OF the murder
on the 23d OF July; was acquainted with oficer
Smedick; about haifpast ten O'Clock was IN Thir-
ty-second street. between FIRST and Second avenues,
and heard two shots; went towards First avenue,
and met the prisoner and told HIM to stop, and he
SAID mo; you don't 60 way ! shoot you;"
grabbed for him and he ran away, and pursued
him. he ran up to street tire, g
street, then up the avenue to Thrty-fourth street
and down Thirty.fourth street Third avenue, and
atnJI. trv.s 4 f<.pk n aftnu
house and asked him what he had done; he said
heyhad shot Smedick; he told the captain he had
shot smedck and sa,d ne was not not, dead 4 wa, was
a Colts pistol from the prisoner; It had nve bar
rels loaded.
Cross-examined-whe I was taking him to the
said he had shot Smedck; don't remember whether
he told me that night why he had killed Smedick he
told me next day.
Judge Barnard-No, no. that won't do.
Characterization continued-I don't remember
mat ne told me why he killed him that night the
way to the station house; he may have told me- he
did not tell me next day.
Q. What did he tell you was the reasons
Judge Barnard-That won't do, Judge Stuart
Mr.. stuart claimed that the res gestd OF the case
was not affected by time. The witness was not GER
tain whether the prisoner told him why he killed de-
have the evidence OF the witness on this point.
Judge Barnard overruled the point taken, and said
what the prisoner said next day could not be admit
ted. ~ he had had time to renect and manufacture
evidence.
Henry Beckman was next called and sworn. and
testnedIlived at 900 First avenue the 23d OF July
last about block above Thirty street; about
ten O'Clock that night was standing In front OF the
door; l saw the deceased on the west side OF the
avenue In uniform; he had his club In his hand; he
was going down towards Thirty-second street;
when he got near Thirty-second street he
was walking very slowly, and saw man near
coal box raise his hand ana FIRE a shot, nc fired
second shot, and saw the policeman fall over; the
prisoner then fired third shot; didn't go down 10
see the deceased.
Cross-examined-I was standing in the door OF the
store, between Inirtythrd and Thirty fourth Streets
do not remember whether II was q clear night
when first saw ofieer smedick he was talking 10
me at the door: then he walked very slowly down TO
Thirty second streets Il took him about couple OF
minutes To get down TO Thirty-second street; saw
him all the time; dld not see anybody else In the
street: had put the shutters up before smcdsck
passed me: Slncdick was walking slowly when I
heard the shot: did not see the man IN he fired the
shot: he came running from the coal box: the coal
box Is right on Thrty-second street: could the
coal box: did not see The man who fired the shot
behind the coal box; he came running from ~;
I am sure ! saw the pistol lash three times;
didn't hear any voices: ! didn't know whether
anything happened between the officer and the
prisoner until the shot was fired: the man who fred
Thirty-gecOnd street. nfter 4 away |