The New York herald., 1869-03-10

stepped on from the store door and the prisoner
then was out on the sidewalk ne Prisonef, @ surnea
the same instant; saw the ire come from the
spout OF the pistol from the prisoner che deceased
m Be so ns 0s SPOKE IN
tones .No; the policeman was across the street and
saw him have the prisoner by the collar; 81" tne
Cross-examined-I am sure saw the fire from the
pistol; should judge the deceased and the prsoner
remained IN the back room about eight 70 ten
minutes before they went out; the prisoner made no
threats against the deceased followed them be-
cause Thought they were gong 70 nave mass, a., az
residence and the officer took the prisoner LA Gus
tody.
the 26Ln of october. about eight O'Clock, was pa
trolling my post In West Thirty third street. between
sixth and Seventh avenues, and | heard the report
of pistol: was about the middle OF the block, ana
saw crowd In front OF Whaen's liquor store;
saw the prisoner Tillman come out rom the crowd
and stand In the middle OF the street and raise ms
hand after heard the report OF the pistol; tins
caused me to suspect that 1t was probably ne VINO
fired the shot; put for him. and after some dlmculty
l got the revolver away from him; 1t was q lour-
barreed revolver, and three barrels were loaded.
Cross-examined-rhe deceased was standing IN
front OF the liquor store asked him II he was hurt
and he made no answer; some OF his friends got
around HIM and said "N0;' took the prisoner away
and friends took the deceased to his residence; ESD
thought he was shot; saw the deceased Afterwards
al his own house and had conversation with him.
lThe conversation was ruled out as nadmissole' the
To the Court-f took the revolver from the
prisoner; he tried to put Ms hand N his pocket ana
Rachel Carney. the widow OF the deceased, testlned
that at quarter TO nine four men brought her hus-
he said he shot; he was shot in his stomach and
he died on Wednesday morning, 0t eleven O'Clock,
October rs; he suffered great deai; was not pre-.
prisoner and the deceased knew each other and they
appeared to be very friendly.
Henry Davis tc0loredl sworn and examined-I
was in the place whom the shooting happened; the
prisoner and went into Whalen's place, and
he asked them all to have drink and
house asked n Mr.. Carney could not have drink,
too, and he said, yes he could have drink; tine
laughing and shut the door; Carney said, 81 don't
care damn for you or your pop" witness think
ing he meant pistol the prisoner went out; Carney
stood by the door, and the first heard pistol
go on; the officer came to the door and asked Mrs.
burst out laughing, thinking 1t was Joke because
they were intimate together.
Mr.. Hutchings stated that the testimony given By
Davis before tho Coroner was different from his evil
dence at that time, ana asked the privilege or cross
examining him. He subsequently withdrew his re-
quest.
Cross-examined- did not see Carney 60 out OF
the Darr0Om, for was talking to man named Grif-
On and could not tell whether he went out or not;
after heard the shot went out and saw the de-
ceased; led him to the porter house; did NOT
think he was shot, he tthe deceased) started and ran
back to the water closet; could not say how long
he remained there, but afterwards went up to his
Counsel admitted that Carney came to his death by
the pistol shot THIS closed the for the people,
CASE FOR THE DEFENCE.
Diana Wilson, sworn aud examined-I have lived
with the prisoner and his vile ten months; on the
night Of the occurrence, when she was returning
from the grocery store, she saw Tilman coming
out and deceased after him, having q
knife In his hand; there was no person on the side
walk except the two men; the deceased was close
to the prisoner that he had no chance tOkct away;
saw him CTfllman) put his hand In his pocket and
pull pistol out; hastened TO tell his wife; did
not see the pistol fred but heard the report saw
the deceased stab at the prisoner two three times;
the prisoner was hard-w0rking man and had to
go 70 Washington Market at TWO O'Clock In the
morning.
Mr.. Hutchings rIgidly cross-examined this wit
ness. Among other things she said she never told
about the deceased having knife 70 anybody but
the prisoners wife and his counsel and did not ap-
pear before the Coroner.
Louisa Parker testified that she saw the deceased
after the shooting in from the street alone and
go to the water closet and come out, following him
70 his room.
Henrietta Bogart gave similar testimony, and said
she had conversation with him, which was ruled
out.
Orricer Byrne was recalled by the counsel for the
prisoner, ana said he asked the prisoner why he
shot the deceased; he SAID he did not shoot him,
that there was no animosity between them.
Henry Ives, the landlord of the premises, gave the
accused good character.
Counsel inade various attempts to prove some
thing that the deceased Is said to have stated
tenuating the prisoner but the Judge refused to
allow hearsay testimony to be taken.
The case viii be closed to-day.
MASsLAUGHTER.
Eliza Johnson an old woman. who pleaded guilty
10 manslaugnter q few days ago. she having been
charged with causing the death or her husband was
Appropriate remarks to her dwetnv upon he facs
that her Incorporate habits resulted in bringing her
to court OF justice. He advised her to refrain from
leased. lie sent her TO the Penilentlary for six
months.