The New York herald., 1870-01-28
THE LATE BROOKLYN TRAGEDY.
Second Days Proceedings in the Trial Of
Edwin Perry, the Alleged Murderer Of
Thomas Hayes-More Newspaper
Criticism by Prisoners COun.
sci - Testimony for the
Prosecution.

IrOSccuLlODs
The second trial OF Edwin Perry the alleged mur-
derer OF Thomas Hayes, the night watchman at
Harbeck's stores, Furman street. Brooklyn, was
proceeded with yesterday morning, In the Court OF
oyer ana Termner, before Judges Pratt, Voorhees,
and Johnson. The eight jurors empanelled on
Wednesday we're promptly on nand, and new panel
Of l50 being ordered for yesterday considerable time
was consumed in hearing the excuses of those who
were not deslrous OF serving.
MORE NEWSPAPER CRITICS M-fNDf6NANr COUNSEL.
Before the empanelment OF the balance OF the jury
was commenced Mr.. John II. Bergen OF counsel for
defence arose aud addressed the Court as 1olows:-
II THE COURT PLEAsE-Beiore proceeding to the
empanelment oi the jury In inns case tnele Is mat
ter To which ! desire 10 call the attention Of the
Court. Your Honors win recollect that yesterday
morning called the attention OF the Court to an ar
ticle IN the Brooklyn Daly Unt0n commenting upon
this case IN an improper manner. The Court took
occasion at the time Of taking recess yesterday
afternoon to state that u was improper Tor news
paper 10 publish such an article during trial OF
tins kind. said when calied tne attention OF the
Court TO Il yesterday that / did not know whether
article or not. VIII state now that believe il has
been paid and that the 1t has pursued since
the commencement OF tnis investigation has been
such that / can arrive ~ no OSHer conclusion.
l want TO state further that 1t Ia q charity
to suppose 1t was paid, and II 1t has
man trial for his life unparalleled In the history
OF Journalism. Thls morning the same paper pub
hshed an article wnicn Ii still worse than the one
published yesterday. / deem II my duty rs one OF
the counsel 10r the defence IN this case to Cali the at
tentl0n Of the Court to the matter In such snape
that tney may yaKe action upon IT. nave prepared
an anidavit emDodylng these Two articles, stating
the fact OF their publication and the date OF the pub
licatlon OF the newspaper together with the nane Of
the proprietor and editor OF the paper, which pro-
pose to submit to the court
MR. MORRIS SPEAKS.
District Attorney Morrls--l have also suggestion
to make, II the Court please. 1t seems 10 me
that this proceeding Ii IN bad taste. bay before
yesterday two persons whoe were Witnesses
Tor the defence on the last trial went 10
the different newspaper offices with q letter
purportlng to be signed by one Of the jurors the
last trial. Tne letter was fa!se It could nave
other purpose there could have been no other
motive no other OBJECT tnan to influence public
senumen. IN the case. 1t was improper and re-
greIted to see the letter published 1t would have
been better had It not been published. 1t was pub
lisaed IN one VI the papers without comment The
day previous, IN one OF Lhe New YORK papers, there
was an article having IN view tne same object aud
the same purpose, and It could have had no other.
In the Efeatng UniOn accompanying the letter, was
a statement from the Juror hlnseli as TO the NODE
and manner In which that letter had been procured.
lhe matter was exposed IN connection win the let
ter, which was entirely proper. Ircgret that there
aliusion made TO IT. but " will not do, II the Court
please for the frlends OF the prisoner. There
been instrumental in bringing this anout Isensa-
tOn.) The motive IL apparent.
Ju0ge Pratt don't tnlnk II is proper to discuss
any facts In this matter before this Jury.
district Attorney Morrlsl think that this is not
the time at which the subject should DC brought up.
think we had better proceed with the trial and ds-
pose OF one subject at time.
OPINION OF THE COURT.
Judge Pratt-The Court OF its own motion yester-
which might prejudice them, cautioned them not to
read any newspaper articles concerning thia trial,
stating that one reason for particularly charging
them upon this point was IN view OF the fact that
that article appeared In yesterdays linton, ana the
Court took occasion then, In the presence Of the re-
porters OF the press to state that the course was
highly improper. l nave not examined this article
yet.
District Attorney Morrs-ft SO happened that
either OF the articles In the paper alluded to.
Judge Pratt-Tne Court viii take the paper into
consideration, out don't think It proper now to dis
cuss the matter. The clerk Will place tnis on file.
ENPANELLING THE JURY.
There was considerable difiicuty experienced
accomplished until about half past twelve O'Clock
District Attorney Morris then opened the case for
the people, staina the facts which the prosecution
be able TO snow tlat Edwin Perry was the person
who had shot and killed Thomas Hayes.
At the conclusion or MIR. Morris remarks the
Court took recess until Two O'Clock.
Upon The reassembling OF the court the examina
zion OF Witnesses for the people was commenced.
THE TESTIMONY FOR THE PEOPLE.
The first witness examined was officer Jones Grant:
OF the Forty-second precinct, VINO, with officer Camp
bell conveyed Hayes TO the station house after the
upon entering
Oncer Leaycraft, OF the Jefferson Market Police
into custody he took him from New YORK to Brook
yn; on the way tOBrooklyn witness told prisoner
that the person who had committed the murder had
done SO Tor the purpose OF robbery whereupon Perry
said that there was no occasion for MS r0bbmg any
one, and ~ the same time ne exposed yOll or Diis
Including ten dollar and twenty dollar note the
days, and GOD only knew where ne had been.
pr. McManus Of the City Hospital stated the re-
az performed by him, and identified the bullet re-
moved from the body. On the crOss-examinatiOn by
Mr. spencer, however, witness stated that he made
no marx on the ball. and therefore could distin-
guish It from any other ball Of that size
Ofcer Andre, Of the Jefferson Market Police Court,
self no aI the court. The prisoner also stated that
Perry had said that two nights previously he had
Deen at political meeting IN BROOKLYN and after 1t
The prisoner did not say where he was on the night
OF the murder.
Mary Mason saw Perry on the evening Of the
muraer ABOUT eight O'Clock, going out the gate OF
South ferry, New York side, ana get on car which
went along South street; witness entered the same
car and both rode as far AZ the Catharine ferry,
they left the and up Catharlns street:
Perry turned down the rst street the right hand
sidc and that was the last sne saw OF him; he was
under the influence OF liquor NJ Ihe time.
Thomas Delaney, conductor OF the car, In which
Hayes. after being shot, rode to the Fulton Ferry,
was next examined.
the District Attorney inquired OF him as TO what
Hayes SAID alter he had Deen snOt.
Mr. Spencer objected, and then prOceeded TO ex-
anime witness with reference to what occurred pre-
vlous To Hayes exclamation. Witness stated tnat
when ne heard 1t he was inside the car going from
the front 10 the rear platform.
Distr1ct Attorney Morris question was admitted,
and IN reply thereto
witness stated that after he heard the report OF
the pistol Hayes exclaimed, Il am shot; Ed Perry
shot me.'i
Mr.. spencer excepted, and his exception was
noted.
Delaney tnen proceeded to narrate what occurred
after this. When Hayes got on the car he said to
Witness 'F0r fear OF me dying take my number"
and tnen gave his address as No. 252 North Second
street, Williamsburg. The witness was subjected to
severe cross. examination BY Mr. Spencer.
Henry Williams, the driver OF the car, testified
that he heard Hayes excfalm, ~ am shot, Ned Perry
shot me. Take me 10 the ferry" This witness was
also subjected to CLOSE cr0ss-examinatlon and In
several instances his statements dnered from those
made by him on the frat trial.
William Ewens testified that on the day OF the
murder No was conversing with 0ficer Smith, corner
OF Atlantic and Furman streets, about some trouble
In Furman street tmeannR the shoOtng), when Perry
came along and said he did not believe that there
hau been any.