The New York herald., 1869-06-15
TIE CASE OF THEODORE ALLEN.
The Examination yesterd.

1uo ENuuhiuutlon feSter0ays
The examination in the case OF Theodore Allen,
more famiiary known The. Allen proprietor of
the notorious St. Bernard Hotel, at the corner of
Prince and Mercer streets, was continued before
Justice Ledwith, at the Jefferson Market Police
Court. There were not as many Of the prisoners
friends present as at the former examinations Ow-
ing to the fact that many OF them have MADE their
exit to Boston for the purpose OF attending the
Peace jubilee to be held there to-day as we under
stand several OF them mad very important engage.
ments there of peculiar nature. The prisoner is
charged by Robert +. Townley Of No. 8S Exchange
place, In the employ OF PnkertOn's Detective
Agency, with rescung prisoner from him on the
27th of March last at the corner of Broadway and
Prince streets, named william Forester. an es-
capped convict from the penientiary at Joliet, ILL.,,
VINO was in his custody, and who had been sen.
fenced to the above prison for term of thirteen
years on a charge OF burglary committed IN that
State. Mr.. Charles NJ. De Costa appeared for the
prosecution and w. f. Howe for the defence.
The only witness examined was David L. Price. a
carman, residing at No. 316 West Twenty first
street, for the prosecution, who testified as fol-
l0ws:-I am truckman In the employ of Ball, Black
& co. and others; saw the disturbance on the cor
ner CT Prince and Mercer Streets between Allen and
TOwnley; Townley had hold OF Forester and asked
Sr aep we ne couS Sd P 81 na ON % saw
and separate them; Forester ran towards the st.
Bernard Hotel; Townley had o death grip on For
reSter; have seen persons die under the same
grip: don't remember who they were. where they
died or when it occurred. (Iere the witness began
giving very interesting account OF what the death
grip was, which was objected to by the counsel for
the prosecution, when the counsel on the other side
stated that from the contradictory manner in which
the witness was testifying II was about time he
chOked Off) l was first spoken to in reference
to the case about three weeks ago, at the
corner OF Prince street ana broadway, by the
complainant, when / first became acquainted with
him; this was the first time l ever spoke to him; 1t
don't know whether 1t was two months ago or not;
It mightthave1been; Townley introduced himself at
don't recollect whether had coat or not; was
aware he first asked me II was Mr. Price; informed
him was; he then asked me II witnessed the
currence between Allen ana himself; informed him
did; he then asked me what knew about 1t; don't
remember whether he made memorandum he asked
me where lived; did not make any appointment
to meet or see him awe talked short time, when he
left; next saw MN when he subpGnaed me, abOnt
Broadway; don't know whether 1 was alone; |
read the subpoena to come to this court; don't know
the day; saw policemen Just after the afray oc-
Cured, but did not go with them to Aliens; Allen
went into mis- place after the occurrence stood on
the opposite side OF the street; told the engineer
employed at Ball, Black Co.'s the same afternoon
there had been muss around the corner between
Allen and man did not Know told MIN that an
the man who had muss with Allen; Townley was a
stranger to me; before Allen came heard Townley
say, "For Gods sake let some person take hold OF
the man." so that lie could get the hand
cuffs on him, as he was an escaped convict from
illinois; never saw Mr.. Bangs Mr.. PinkertOn nor
any OF TOwney's friends Allen the left hand
side coming down Broadway; Townley was also on
the same side; Forester was standing did not
him on tine ground; did not see the commences
ment OF the ARRAY, but learned tnat II commenced
at the corner OF Houston street; did not see Towney
strike Forrester: there were forty or fifty persons
around them at the time OF the ARRAY; was close
TO them; Townley and Forester were leaning up
against the railing when Towney cried for assist
ance, but dd not assist him; think Allen said some
thing but don't know what II was; when Allen came
up l did not hear rownley say ANYTHING; when Allen
came up, he came up with a crowd; got out OF the
way did not hear anything said between the parties;
something was said; don't know what II was.
The counsel for the prosecution here stated that
one OF their witnesses who was present at the begin-
ming OF the examination had been taken sick and
compelled to go home, and tnat two other witnesses
who had been summoned had failed TO attend, and
that the further examination In the case be post
pOned.
Mr. Howe, counsel for Allen, at the suggestion OF
Mr.. De Costa, admitted the fact that his client Oh the
day OF the occurrence was owner and proprietor OF
the st. Bernard HOTEL
The case was then adjourned until Thursday next
at one O'Clock =. II.