New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-13
THE COURTS.
Mr1pDER TRIAL IN BROOKLYN.

Frank Drake was put on trial In the Court
OF Oyer and Terminer. Brooklyn before Judge Gilbert
Yesterday lie indicted for the murder OF VIM flu
patrick by shooting Sunday June 49, DistrctAttor-
ney Morris appeared for the people and exJudge culver
for the prlsOner A number OF witnesses examined
The principal testimony was that OF James Smith, VINO
happened Co he 10y at the time OF the homicide e
testified that he lived Wyckost, near Bu1lao,aVS
know the prisoner, hut had not known the deceasea t
prisoner lived BuflaOaye on Sunday, the iotp VI
June, he saw disturbance on Buialo-aVe, anu cav
cOlored man beat man IN red shirt heard the COOIeu
man hOer for his pistol the man IN te req sn hS5
then running away; the cOlOred mans wife hahaaeu
lin pistol ana no shot o man who was standingDy;
had not the commencement OF the dIeuiS, - nc
witness first Drake he was hoDerlng snoo bont
son OF b--h" The man who was shot we ,i H
twenty rods OFF ard when witness heard MN cot ~
he saying Die, you son OF Dhi YOU n VINO was
de-" witness help take up tbe man MiO ovep
shOt his eyes were open. but he was oeau Strike
the deceased before he did not see IN ~ ynce
the prisoner who was talking t anpear TO be at All
dn t ~ 81 Iiomor prisoner called for his PTS
to before the man IN the red shirt ran away witness
hed rjobt away: was cold when witness took him up
did not know where the pistol came boin ana od hot
His house was about thirty rods from
Drake's the disturbance took place between ana 10
O'Clock Sunday morning. he first saw the man caleu
Bradshaw, and then sialsi cOlored man went up u
Drake he'd strike back again. at that time Drake was
the street standing with some colOred men ~
about two or three minutes he heard Drake car Ior us
pistol was able to say who gave 1t to him; saw
brakes wife there but did not her bring the psVo
out OF the house; did not hear anything said ABOUT
knife; neither Bradshaw Fitzpatrick had coat on;
n coat was aferward found and put on Fitzpatrick;
Bradshaw had his coat banging over his arm flZpat
standing close front OF Drake When the piston
called for; could not tell what was sad hecause ey
were all talking together. , ro.
Matthew Newton testified as follows: live In Fiat
bush know Francis Drake; passing his mouse on
the Sunday morning i'm question; heard noise ana
there before got there the man was shOt; when
was about half block OFF six men come out or
Franks yard straight the street out ON 10
the open lot; about 80 feet from Frank when he
fired the shot; the fall; he about SIX feet
Frank when he fell did not hear OF the par
ties say anythng two other men were standing near e
man who was shot; bradshaw run away; some
COOred fellows hit him three times with club and then
he away; saw Drake go across the road; ne was
with the Others they walked very fast; the SNORING
took place Just short distance from Franks gate the
first thing when they got TO the vacant lot was the
cOlored man striking Bradshaw with club, and Brad
shaw away; cOlOred woman there. Dut 90 not
know who she was do not know Franks wife.
CrosseXamined: There two men named Moore
with the crowd when they came out of the gate FRANK
came along too and his wife, mt least there was cOlored
woman there Bradshaw aud Fitzpatrick were with them
and colOred named Watts there was some pretty
loud talk; / was about fifty feet off, the clubbing was
done before the pistol was fred don't know the man
struck Bradshaw did not any stones thrown;
only eOOred fellow with club; Bradshaw had
did not see any strike Frank Drake or throw him
down throw dirt in his eyes; did not hear any one
call for knife or pistol
The defense put several witnesses the stand 70 prove
that the prisoners life had been threatened at different
times and that at the time Of the shooting deceased was
about throw at him. The eVleence Is all IN on
both sides and counsel will sum up today,