The New York herald., 1869-02-23

=
prisoner and the deceased before crossed TO them;
sney were making matlons - 4 about TO nght;
heard nothing that vas said; John was klnd Of
prisoner when he drew ms knife; was crossing the
street when he had ais hand on the knife IN hrs
has sS Eu. 9ssdn that wss a.
heard from either Of them; nad never seen the prs-
oner before ne looked as though ne might be drunk;
Re-dircct-Ryand was actually going away when
the prisoner jumped ct hun and stabbed hum.
Fred Harris wsS q I'M s an csd sr
the recess, and being sworn testied-I reside at %
Baxter street, on the 4th or July was IN my store
Counsel for the defence here objected to the re-
guest OF the District Attorney to the witness TO
ea hs wfaI eo knew q sns t r. ana de
Judge Barnard thought 1t would save time TO let
the witness give his statement Of the affair as he
torney, aud II anything was stated by the witness
which was improper It could be ruled out.
Mr. Mccarthy contended that the witness might be
1ed to give his own conclusions and opinions as to
acts and motives instead OF confning himself to
the pure iacs. He tcounse OF course, did not wish
to proOng the trial, but there was more Important
object IN his view than the saving OF time he
wished to save his clients hfe. and II evidence
got out which was improper 1t lett certain impress
qucntly ruled out,
Judge Barnard conceded that the counsers object
that the prisoners case could be arected by this
course OF admitting testimony, as had been done by
the previous witnesses.
Witness conLinued--I saw q crowd Of women and
children on the street lang back, and went out OF
the door; saw man pull open his coat and take Q
knife and stab another man in the back. the lett
and saw Offlcer Mooney arrest him; cannot identity
Tins prisoner as the man who had the knie; never
saw him before that time; saw the knife afterwards
at the station house ana here to-day
Cross-examlnet-l never saw the deceased before
shat tune e my % recollection; twas IN front q NO.
my store IS about thirty feet deep; I was near the
door, outside the counter, when | saw the crowd
6acE st wen no @ woros os a. an ae crowd i
Goldel there; I did not see Seaman there;
did not see Kyald Till he ran agross the sreet and
ing together; did not see any one take Ryland by
the arm; the prisoner was on the sidewalk. about
six feet from Ryland when | arst saw HIM; Ryland
was In the street, crossing; II anybody had been at
that time In the street, holding Ryand by the arm
cgsa H5Ia sen the person; the street was crowded
A As 6fsCnsr draw the Knife: K1ifs
killed had coat or hat on think the prisoner had
ns prsoass aer the
Ne-airect1 prisoner stepped quick after Ryland
Hugh Mooney was next called, sworn and testi
ncd:-l reside at No. 22o William street; on the
EQpYsh OF July was at the corner Of Baxter and
Baxter street; ran after him and tired q shot at
him; then struck him on the arm with my club,
and as ne turned around took knife from him:
Witness Identified the knfe-a long, white handled
knife, in sheath, and having but one edge and Q
sharp pOint.l ! was police 0ficer then; have
as he ran TO clear the way; saw the deceased AFTER
wards; he had a wound as Of 0 stab, on his back,
near the left shoulder blade; he mad nothing in his
Cross examined II did not see the deceased when
he was first brought IN; lady was coming out OF
about aS ra's where Il i Il t6oE place ~ ' '
O. Do you know whether there was feud existing
N that locality between the Irish and the Italian
Judge Barnard said he did not think that evidence
to whether there was feud between two different
sections OF people IN particular locality was admis
Mr. Mccarthy offered to prove that bad state Of
feeling had existed between tnese Two classes with
viOusiy with some Italians, and had deliberately
crossed the street TO where the prisoner and his
friends were to quarrel with them. Overruled and
Michael sullivan was called and sworn and tesri-
ned-I was between Nos. Il aud - Baxter street on
the 4th OF July last; was coming from Chatham
street and there were three Italians talking and the
deceased was quarreling with them; the Italians
there was some iawing going on; then Ryland turned
away and the prisoner drew knIe and ran after
him and stabbed HIM In tn back; the prisoner then
ran away and was caught by officer Mooney; tine de-
ceased was put In wagon and we dragged him up
to the station house.
Cross-examined-I saw Ryland and the prisoner
couple OF minutes; the deceased was talking to the
prisoner; saw the deceased turn to go out in the
street, and the prisoner followed him; don't know
whether the prisoner had drawn his knife before the
deceased turned away: Ryland was talking louder
than q man talks when he talks sensibly; Ryland
was talking IN English, but can't remember what
ne said: don't know whether Ryland was making
any of his sts he was about three feet from the
prisoner; he turned to run away and the prisoner
followed HIM, and when Ryand g.t to the other side
Of the street he dropped.
Patrick Gallagher iestined-I was with the last
witness at the time OF this occurrence; did not see
the stabbng saw the deceased on the street. lying
near to the curbstone; saw the prisoner run; did
not see anything In his hand.
DR. Wooster Beach was tneu called and testified
made q post mortem on the 9th July lest OF
the deceased John Ryland, at the sixth precinc.
on the left side OF the back, beneath the shoulder
blade; ! found the wound entered the body and
passed forward ssyerng & the ,Ss sora the q
an abrasion on his forehead, should say from fall
Ing on the street.
and quarter wide; can't say how deep 1t was as
It terminated In an open cavity; I cannot say
whether the skull was fractured or not as did not
examine II sufficiently: there was some ecchymoss;
the skull might be fractured BY fall on the side
walk; IL would require heavy blow in any instance
He death in this instance, in nv opinion. did not
result from the confused wound; the wound OF the
aorta always terminates fatally; fracture OF the
taneousiy; the deceased might have received the
blow on the forehead half an hour before
receiving the staD WOunu, anu fracture
might have caused death; as far as l can
see the wound on the forehead did not produce
death; one OF the wounds would certainly produce
death; the other might produce death n fracture
had resulted; l have never heard OF an instance
where with wound like this stab wound. person
lived for half hour IL Is impossible this person
must have died within two minutes; the hemorrhagc
would drain the whole system.
sRedrect--I this stab wound were indicted prcvf-
GUS to the abrasion on the forehead should say
the stab wound produced death: think person
would fall from The shock at the instant of receiving
such q wound; he would die sooner than II his
throat were cut from ear to ear | think he would
de sooner than II his head cut completely or
Margaret Dwycr was called and testined--i 4 knew
John kyland; saw HIM after hrs death at the sta
ton house; l saw the wound In hs back; was not
ut the inquest; ! saw him the next morning; he
worked until halfpast two O'Clock on the sth OF
July.
Cross -examined-Th deceased was not nv
nephew; tried to pass into the station house his
aunt 10 see him; was sworn &C the inquest; did
not swear he was my nephew; Captain Jourtian
called me as his aunt did not see him working
that day: he came home aud told me he was work
ing; nc went out about four O'Clock; wanted him
to stay in and have his tea with the boys as u was
the Fourth Of July.
Thomas Akin was next called, ard, being sworn
testned-I saw part OF TINS affair; saw kyland
that day, about three O'Clock, at Mrs. Dwyer's no
washed and shaved, put hts clothes and went out:
uM..4. .x.~lx. I.rax ant Ia