The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-02-28
FIRST DISTRICT COURT.
Trial Of Bays for the Killing of Sinnott


TsttersalIs Exchange on st. Charles street, near
Commercial Alley, was resumed as follows:
Charles Rebendck sDorn-Was one of the
clerks In the cofeehouse known ss Tattersalls
heard Tim Hays call his brother, Michael Hays, a
liar. Mike said, " will take that from you ~
Tim then turned around and prodnced revolver.
Sinn0tt then came from behind the counter and
said, Drop thst-don't do that" Then &C
cused stepped back two or three feet and fred his
| pistol. Sinnott then threw up his hands and ex-
claimed, "0h, Pm shot-send for the doctor i"
Witness can't say whether deceased touched the
| accused with his hand or rot.
| Cross eTGDliHed-Wben the pistol was cred
| there were between ten and fifteen feet between
| Nike Hays and SiDnost and there were three or
| four feet between Tim Hays and SinnOtt Witness
stood in one position, nearly opposite the door of
the pistol gallery, and saw the whole affair. Bris.
| bin and Mike Hays came in first. Soon after Mike
| Hays came in. Mike introduced BfisOin to Tim
| served them. The quarrel between the brothers
| commenced after Brisbin had gcne. Tim Hays
was in the habit Of visiting that place.
| TtOmGS Locktdy-dt, S,cOT7l-SsW two men
standing at the lower eud of the bar taking rec.
| OgniZod one as Mike hsys could not identity the
! other Mike Hays had his elbow or the bar coua,
| ter The other walked back from him and drew
| q revolver from his breast Nike said why doH't
| you say H." The other man then advanced on
| Mike Hays, holding his revolver still in his hand,
| but elevated near his head. siuBott then said,
here, want no fuss ia my house, aud came
| tne pistol. who retreated, saying, al keep away
| from me- The man with the pistol then fired,
4 sbOouIg SinnOt. Another shot was then fired by
| some person when witness left. No othsr shots
J were fred. Witness saw all this while standing
in the door of the alley way iesding from the ps.
| tol gallery into the bar-roOm. Snnott's manner
| when advancing indicated when advancing to.
wards the man with pistol) that he wanted either
10 take the pistol away or have the person put it
| up. / went home with Sinnott.
| Gross -LTGBlined-The man with the pistol eau
toned Sinn0tt TO keep Oh twice while Sinnott
advancing. The man with the pistol seemed to
| be under the influence of liquor. He retreated
abont % or rs feeC before firing.
S0EatG Rosa SlcOrR-WGs special officer Of the
house end was standing in the door at the time
Saw SinDott lay his hands on the accused; heard
tbe shot fred and Einnott exclaim, " | am shOt;r
when first saw him standing in front Of and
against the counter.
Cross EJGmiaed--I was in the front door on
st. Cbsrles street-a glass door interVenes (: I
couldn't see the parties from there. When saw
them they were standing under the gas lamp
about, (5itness instanoed the length OF the re.
polters' desk in cor-t,) apparently, between 20
aud 80 feet as tie distance the parties wer5 from
BIN. Witness Gid hot see the parties before the
shot was fred or, which, II either was retreating
or advancing. Nike Hays was about midway be-
tween the counter ana the wall next to COmSer-
cial Alley, and Tom Hays was about or 8 PAGES
from sinnott when witness fret saw him. Witness
thinks BAYS was somewhat in liquor, bat didn't
seem to be excited.
Wm. Soi,ders s,oorn- Passed through the side
door from Commercial Alley. The prisoner was
talking inside very loud when entered. There
were three men at the counter; one walked of.
The other, the prisoner, accused the man who had
been at the bar OF lying. remarking TO SiunOtt,
@ HsYe ] said euoughl" SinDott said nothing.
When Sinnott approached Hays, it was quietly,
win a smile.
Cross Eranlfned--sinnott came from behind
tie counter, qusrtering 70 the rear Of one side Of
the accused.
lSidsey Livingston ssoors-sinnott went quietly
hen the cCdttsTf I'd ssi'l, Dent Co that; put
the pistol in your DJcket." Hays stepped back.
Cross Examined I was in the pantry ct first.
/ was in the yard when Sinnott came out. came
in behind the counter. Sinnott, when he came
cut went towards Tim Hays. Sinnots approach.
ed Hays in a rounding eOnrse. Hays said, - Stand
back" didn't EOtiee Mike Hays / went back
to the pantry, and saw no more. had not seen
prisoner before.
II. s. Scott sacOrn-Didn't zee who shot the first
shot; saw accHsed shoot the second.
CrOSs-erdnliped-A third shot was fred toward
the counter in the direction of ST. Charles street.
One was in the ceiling and was fired by one Of the
Hays brothers while the other had hold OF him.
Accused was Observation-Disclosures.
This closed the case for the prosecution. 1t Is
proper here TO state that SO much OF the testimony
was related in connection with diagrams Of the
building END the relative positions Of the parties
c. explained by the witnesses, that it is impossible
to convey TO our readers proper ides of the tes-
timoDy as TO the manner in which the shooting
occurred, unless we had diagrams to couple with
their explanations. Those present only can ap-
precete the testimony, and We can only hope to
convey to those who were not the mere snmus of
the Killing.
FOR THE pzFEEsE.
Charles D0nnely scOrIe-Knew prisoner well;
Esw him drunk nearly every night for weess De,
in buainsss togctner. Prisoner drank till he could
DO nothing. Thought sometimes he didn't have
good sense. l know some nights he didn't so
bone. found him drunk. lying in a cOfsehouse
several mornings. ! had 70 knock Tim Hayes
down several times to keep him OF me.
discussion here arose between the attorney
general and counsel for defense relative to evi.
dence looking to the establishment of the fact
coDtended FOR by defense that the accused was
lsborng under delusions amounting to insanity
from intoxicstion.
Mr. Belden-DOyou propose TO base the insanity
upon intO1ication?
Mr.. hoCsy-We care nothing for the cause, bus
the fact.
Judge Cotton quoted authorities on the subject
from work on medical Jurisprudence.
Re.errmined-On that occasion tried 20
get MIN away. / had not cheated him as he Con
tended the frm, Hays Brothers, owed me. |
have seen him in like condition; not so bad. Once
sceosed him, chaEtised him, aud demanded he
should take back what he said he didn't seem
to remember, but said he would take 1t back he
said it. ] live near Hays; saw him every day
nearly saw him the morning Of the oceJrre3ce;
saw him the night pTeVious he was drunk.
didn't like bis looks the morning Of the shooting,
and kept him from me, because l thought him
drunk. / have seen accused and prisoner at the
Tsttersal's bar; have seen Hays pay Sinnots
money and borrow from him; no bad feeling be-
tween them to my knowledge. The Hays brothers
generally went 10 Snnott's to drink.
Gross eTdDlined-Hays was drunk when l had
to knock him down; is sensible when sober.
joseph Stack SlCoTn-KnoUn Hays two years
was frequently with him, mostly every evening
Hays Tss drunk nearly every evening-otten 20
drunk had to take him of chair, and 10 tIe
Tattersalls bar-room which he frequented, Hays
drank in day time for weeks. / have seen him so
drunk be would almost fall down. Hays neglect.
ed his work. Two weeks previous to this occur
renee was away from his work two days. He
staid sway from his family sometimes two nights
in week. When drunk couldn't get bsm home.
he looked IS il be didn't care for himself or sny