The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-03

Charles Dorsnelly recdued-This raised the
question under the rules Of law whether this
could be done, Mr.. Belden contending that under
the latter rulings Of the court, only excluded
witnesses could be introduced. The matter was
argued, and the court ruled against the recall OF
the witness Counsel for defense took exceptions
In writing, as usual, to the ruling af the court.
Thomas Burden TecdHed.-Evidence excluded
under same ruling that none be admitted except
those who testified after the ruling In question on
Saturday.
James O'Dotcd Recalled. Testified that the
accused was not in his regular senses-looked as
if he was insane, and that from bis conduct he
considered him so at the time alluded to in his
previous testimony which was short time before
the homicide.
M. Walsh RecaRed.-Hsys worked for him !;
was wild and excitsble. Testimony about same
as before.
Mfr. O'ConnoT introduced and s,corn-Testifed
that the accused was ike ordinary men when
sober. Did not see accused often few weeks
before the homicide, and avoided him. When in
contact with him he was of very unsettled turn
of mind, and thought had better avoid him.
Cross. erdmined-I generally avoid drunken
men.
ToHe Court thought him naturally of weak
turn of mind and liquor excited him and increased
this.
Michael Hdvs stco7T1-Have been in business
with my brother since two years before the war
Recently, about three weeks before the occur.
renee, witness hsd told his brother that they had
better dissolve the partnership. witness never
discovered that he was squandering all OF his
money that he drew in liquor and that he did not
provide for his family. Witness has remained up
with him at night reasoning with him and en-
deavoring TO take care of him.
Witness met him about two O'Clock, and the
accused then asked witness il he had seen some
body. He shortly afterwards disappeared and
witness did not ses him again until or O'Clock
that evening. Witness at that time was in latter.
sails, and was taking a drink with Mr. Slnnott
when the accused came in and said he would take
a drink also. A drink was therefore given him,
and the accused then asked Sinnott that he would
lend him his watch. Witness here, knowing that he
was incapable OF any trust, offered to lend him his
own watch. Something was then said about the
relative value Of watches, and upon witness sta
ting the price of his watch Tim Hays said !" You
are id liar" Witness then told him that he
ought not to apply such an epithet 10 him about
80 trivial an affair. Some words then followed
and Snnott came up. The firing then took place.
(The witness here illustrated by diagram the
relative position Of the parties, TO show that the
ball aimed at him might have struck Sinnott.)
He then caught hold OF his brother and with the
aid of policeman he arrested him.
sinnott was half way between witness and his
brother when the pistol was fred. The shot was
aimed directly at witness; also the second and
third shots. The previous relationship existing
%~.- cen the parties had always been friendly.
AT this time witness had not rendered any
account to his brother-though no books were
kept beyond mere memorandum book. Witness
thnk5 his brother was insane. The accused was
DbturaUy INDUSTRIOUS ana MS n8OitS at this time
were extraordinary and unusual. Previous to the
difficulty-about three weeks previous-he had
drawn about $1,000, none OF which appeared to
have gone to the support of his family, as they
applied to witness for assistance. Witness does
not think that his brother would have attempted
his life, as they we're always friendly. 10 his
ordinary mood witness has seen him neglect his
wife and cruelty treat her.
Witness had no other Quarrel with his brother
beyond the formal separation, which occurred.
Witness at that time demonstrated with his brother
as to his conductin taking money and squandering
it and dOingn no work. TIN Hays was sc that time
boisteTous and angry.
When Hays refused the watch by Mr.. Sin
mott, Tim Immediately commenced quarreling with
his brother, about his brother calling him liar
and thief Witness then introduced Mr.. Bris-
bane, by way Of explaining the conduct of his
brother. At this time the brother of witness had
been constantly drinking. Did not know that the
accused had been doing any work for Mr. Breen
until the work was completed.
The dispute with witness and his brother was
about a watch. Witness had had no settlement
with his brother; brother avoided me.
After the examination of a few other witnesses
for the defense, as to the insanity of the accused
and some rebutting testimony by the State to the
effect that the accused, when arrested, was per-
fecty sane, the testimony closed. the court hav.
ing previously taken recess till O'Clock last
evening.