New-York tribune., 1870-04-12

q Did YOU notice any Improvement in him after Sep,
somewhat improved physicay-at all events appeared
O. He was not fit to do the duties OF his oicer
Mr.. Graham-we expect to prove that. g..
O. What want to know Is this, whether between SD
tenber 1861 and November %, 1899, he changed Tor the
worsei A. / should think there was little difference ne
mibt have been better at that time think, perhaps, he
@, What did he sayi A. His conversation was upon
o. What was thati A. His domestic troubles.
q So much to be unpleasant to your A. ie''9i
O. Then as understand you, the general character OF
his conduct after September 1861 was about te @ SAN ,ha a.
abstraced manner that he had before. 80 -.
O. His expression about the samet Yes SIR about.
O. Do you remember after September 1861, wnen you you
didn't notice this wild appearance about the eyesi He
lad that wild expressioni A. Yes sir A.. .oo,, r,ooo
afr septembcr 1851 occurred at the office of Mr. McEl
rathi 4. He down there dropped IN Two OF three'
times came there several times by himself 80
o. That was after December, 1861 A. Yes, Sir.
O. Did the possession OF that boy seem 10 nave Dui %
efcial effect upon hint A. Seemed to have very silly
O. Then the having the boy seemed to make him kind
ooshi A. 1t seemed so to me- he introduced MIN W
me sometimes, though he had done so before l.
Dd he talk OF the boy Of sir ms he aked Of his boy
IN n very enthusiastic manner . ,r,, =,
@ was It to impress you that it was siliness A
O. DO you know when the last of these conversations
In which he alluded to the boy In this enthusiastic man
ner occurredi A. | do not
O. Did you notice any peculiar motion OF his hands In
these conversational A. No more than uslia; mo oro
o. What kind OF a motion did you observe-ratonal OF
irrationali A. very nervous motion, excited notion
O. Have you seen the defendant since the 25th of No
veber before you saw him in court 10 DE tei here ~
Res,crossexamined-- @. Did understand you to say
that you saw Mr. meF@1lapd M s after he went 'o ''o
q. Wasn't his habit very deeided-yery nervous moueS
expression should think not "rN nsryoS Sa that other
trial : do you recollectl A. No, slr. ,,h and tho
fore T OF Tns ss GS f. 9 9es ySG Sir had seen In Ar'n
Do you reccect that You testified there on tn that eS
ness there-well qualified, in your Judgment In all re
spects to have the care OF business 49,, ., ,ma,
vt they will produce it and show it to the witness
O. Do you recoect testifying that, in your judgement
he was an extremely attentive business man. "cn quai
objected to by Mr.. Graham; objection sustained
the adsyt Then can the witnesss attention 10 it, and
askhim the question as to whether he sw0re TO H. 80
tablishcd in the ease Of Jeofrds agt The People. Eyi
dence OF that kind only be admitted when the Orgi
Jndee Observation-Disclosures the original paper has been
destroyed 1t is to he decided in the jurisdiction Ot te
Reecrdcr-You can examine. this witness 10 morrow
morning provided you can satisfy me that - proper
MR. SPENCER DEPARTS.
telegram was brought to Mr.. spencer informing
hin that the of Edwin Perry for the kurder OF
Hayes had been forced to trial Mr.. Spencer, after
expressing regret that he Obliged to leave this
interesting ease attend TO that and his satisfaction IN
leaving the interests of his client in such good care a.
that of his distinguished colleague. made hls exit
TESTIMONY JOSEPH O'BRIEH.
Mr. Joseph O'Brien was then called and sworn.
live at Fortieth-st. and SecOndaye. Have bee1 IA
the police; am not now.
q. In November, 1869, you were policeman A. fe"'
q. How long you on the police A Two years ana
O. What precinct did you do duty in November Lasts
q. On the night of the 9th Of November. where
you postedi A. From Eighth to Fourteenthot post A.
O. What time did you come on duty On the night in
ouestiOni a. At eleven o'clock.
q. How late your tour of duty A. Untu O'Clock
DO you know the prisoner at the par a. NM hgS Att
knew him about five months previous 10 the night you
O. Did you see him on the night of tho cath of Novem
bcr A. saw him that night or that morning FATHER
the morning Of the day OF the occurrence: ,.. NIGHT,
A. think the neighbOrhoOd of IL o'clock, or probably
after d2 ~ 6 a mf 2aicd b hand a and sd 0BreD
OBren did you hear the news ana an whT ai s pa,
Richardson is going to marry my wife and take my chnd
O. What tone of voice did he speak A. Very loud at
first and by-andby he got calmer and took hold Of me
by the arm his manner was that of man who was
O. Did he say anything in reference TO his boy Danny
A. Yes Sir; he said they had even changed the namo OF
O. How long was Mcfarland with you A. From the
time he TO until about half an hour or 10 mn-
@ How long was iti a. should Judge half An hour
O. Where did he come from A. lie coming down
town; was going up from Eighth-st To Four
teenth-st, the side of the and saw him %
steps away; llshoCld judge it was 20 or 25 yards.
O. Had he been III that habit OF walking on your post
O. When did he c0mmencc' A. He commenced some
time in the Summers the time he roomed the
OF waverley place and Fifth-ave that post in
Bleecker to Eighth-st Sxthaye. was shifted to
q. he has walked with you both post-' A. Yes.
q. When would he generally meet you' A. After i2
O. How long would he walk with youi A. Sometimes
an hour; sometimes two hours
O. on what subjects did he talki A. Always on his
family angemens, never on anything else: he would
commence and ten over ms his grleXances ana about ts
around like that several times tried to get him off OF
You go along this way you will never your chill
dren you will never be able to take charge OF them
you not In condition to take charge of Yourself" he
used to tell me that he would kill himself.
@. How did he say he would Kill himselff A. He
didn't say any way he used to wish he WIS dead and
O. At such times what was his manner' a. 1t was ir.
rational; very much 50,
Q. How many such conversations did you have with
him A. should judge during four or five months had
at the least calculation about 15.
you inclement nightsi A. Yes, Sir.
@ Was he fitly clad for the sormi A. No, Sir he used
To tell about his troubles, and told him he fool
ish; wouldn't be bothered about that at ALL he
says, % Brien, my dear boy, you don't know what
q mean was he clad suitably for the st0rml A. No,
Sir; he was clad In coat similar to that have on now.
O. Did his dress look though he had taken pains
about it, A. No, Sir; he appeared to be regardless
of the state OF the weather; he was out with
one night when it was raining and had an oilcloth
coat he had umbrella and walked with in the
rain should Judge, between an hour and half and two
hours; occasionally would stand under the awnings;
that was some time In September, think.
his @ to have his boy Danny A. Yes siHa Sir
q Did he say anything about being offered money!
A. Yes he said he was once offered $4,000 and Consul
ship to Cork In Ireland III he would give up all claims TO
his wife and child; said: "You fool | would give
all claims 10 that for 10000 cents" Laugh