The New York herald., 1870-01-14
Trial Of Hdwin Perry for the Murder
Of Thomas Hayes.
Third Days Proceedings-ClOse Of the Tes-
timony and Concluding Arguments OF
Counsel ON Both SideS-The Prose.
cuti0n Claims Verdict Of Muir.
der in the First Degree.

Long before the opening Of the court large crowds
collected In the corridors Of the Court House,
ious to gain admission 70 the court room, but there
were two policemen stationed st tho door, who kept
back the crowd AZ far a. was possible until the wit
nesses counsel and others particularly Interested In
the case were admitted. Great curiosity was man'-
tested by the crowd 70 get . glimpse OF the
prisoner, and when he appeared st ten O'Clock, In
the custody OF ofrcer Penfold, the throng pushed
and crowded around them 70 thickiy that II vas
with difficulty they reached the room.
William Ennis sworn-I am o car starter at tbs
corner OF Atlantic and FurmAn streets; know Perry,
and on the night Hayes was shot saw him at tho
corner OF Atlantic ana Furman streets; spoke 70
HIM; he said he had been ''on Q hell of spree;n
think he came from the direction OF Wall street.
ferry; asked oficer Smith II he had heard OF the
news, and he said no; do not know where Perry
went then.
Cross.examined-I think this was about twenty or
twenty five minutes past seven O'Clock: dh ask
him where he came from.
Charles Colby sworn-I am one Of the proprietors
OF Harbcck's stores and Know Thomas Hayes; from
the LIST OF December he was wsschman at Harbeck's
stores
Y. What was he previous 70 that timer
Counsel for the prisoner objected. IL made no DIFF
ference, he said what mis- previous history was.
The District Attorney said he merely desired To
show that HAYES mad been about thas neighborhood,
that Perry resided there and they were acquainted.
Counsel objected to anything Of the Kind beng
shown by the District Attorney. He might be hyper
crucal but this evidence ne imagined intended
BY the sagacous District Attorney " lead 10 some
| thing else.
The Court suggested another form for the ques-
non-"iiow long had he been IN that neighDoN
! hood y,
| The District Attorney accepted that form.
Counsel for the prisoner objected, and objection
0verruled.
A. know he had been there most OF the time
since the first OF June
Uross-examlned--0n the night Of the murder
there was yesse. ynS ss me wharf Is laden with
charged with stealing nine bags OF .shst coffee.
Charles stanton sworn.I reside at No. !a4 Cherry
street. New York; know Edward Perry; hts place or
business is under one OF the arcAways In Montague
street. near the Wall street ferry.
Counsel for the prisoner objecsed to the admission
OF the testimony Objection 0vorruiod.
Dr. stowe sworn-I saw Hayes at the Forty-ssc-
ond precinct station house on the night OF the 2otn,
and he was then In q dying condition.
Al this point there was some discussion between
made al the station house, and the witness was
withdrawn.
Charles SauQhton sworu--I remember the night
Hayes shot; do not recolect the number OF
the car on which nc rode. "A revolver was exhit-
aeu 70 wGh the 81 as was
when ne was Interrupted ~ me counsel for the
District Attorney~I win withdraw the question 70
save time.
memorandum book was exhibited with two
leaves torn out and with Perry name the cover
The District Attorney wanted 70 prove that the
| ing leaves were the ones which Perry wrote the
4 offered In evidence
Mr. spencer objected but his objection was over
ruled ana an exception taken. fhe case for the
prosecution then closed
THE DYpRScE.
ns IN wnch ns reysved e pnclpa pp ,of
| Of the testimony taken Tor the prosecution Tue
only proof OF Perry's connecsion with the murder
| was. he said, based upon the testimony OF the
| conductor, who appeared 20 be tho only person.
who heard the name Of Perry coupled win
tnat he was IN Brooklyn on sne nlgn or the murGer
tie certainly had as good 9 right 70 be In Brooklyn
prove that Perry had taken the life OF the deceased
that there was any premodttaon IN the taking OF hs
that the shooting had been done BY the ver sef who
was committing MISUNDERSTANDING nine bags or
1 that 1t was done by man who had no malice
enmity against the deceased.
The nrsl witness seal called ~ Ar Bergen for the de;
am watchrnan at Robinson's storee that Is next to
barbeck's was on duty On the evening Of the 2stn;
stores within half hour AFT or heard the report,
| NO person could have gone down there without my
ross.examined--I was about twenty yards from
| the arcnway when the pistol was fred; 1 then
crowd wnen / got 70 the mouth q the arcnway.
Re direct, by Mr.. Spencer-The gate leading 10 the
next dock was closed; no pesson could get through
Re-cross-No person coald have been there with.
out my seeing them; no property has been stolen
Mr.. William Churchill tesuled - follows-I reside
at 50 Madison street, New ysrk; know Mr.. Perry,
! ber; he was In south street. New YORK. about half
past nve aud appeared to be very drunk and stupid
70 Fulton terry; Mr. Kenny was with us; paid HIS
fare ana started MIN home; Ae appeared to be very
| drunk.
| Crossexamination:-I keep Q liquor saloon in
Cherry street New York. and have known Perry Tor
| David Kenny testified a. fs,lows-I saw Perry
under the influence OF liquor at PECK slip, New York
| on tho afternoon OF the 2otA; Mr.. Churchill and
took him 80 Fulton ferry ana put him aboard q
boat
Cross examination-I an . liquor dealer at 22s
| Dr. Alexander Sterile testified q f0llows:-I have
been Perrys physician for four years; he 70 me
about years ago and had received severe
| INJURIES on the head; do not know that liquor
| would produce worse effect en- him than any
\ Mr.. Spencer then called Mrs. Perry to the stand
bur The District Attorney oblected, on the ground
that she was not competent witness.
| The Court ruled against Mr.. Spencer, who took
| ceptl0n.
The defence then rested and the case was declared
4 closed.
THE CLOSING ARGUMENTS.
Mr.. Charles spencer then proceeded TO sum up the
for the defence. Upon the jury rested the fate
OF prisoner and ne would have them ses 70 tina,
| innocent man was not consigned 70 the grave
out the case, and no stood there TO deny the
assertion male by the Dlssrtct Attorney that tne
| No evidence had been Introduced to show that
| the prisoner had any malice towards Hayes
which was Is necessary to prove before tho charge o
Where Was the evidence how Hayes was killed.
Did ne nnd man IN the arcAway and try to draw
him outs Was there sudden quarrel o shot fired
and Hayes mortally woundeds Not the slighiest
evidence existed that Perry was the man VINO nred
that SHOT, and he hoped 10 show that the man who
stole the coree, OF which Hayes was the custodian
was the man by whom the shot was fired. IL was
attempted To convict Perry by circumstanciai eyi-
dence, which was someunes better than positive
testimony, Tor men might lie, circumstances never.
There must not. however, be link wanting IN tha
chain and unless every circumstance pointed plainly
70 tue gult OF Perry ne could not oe convicted OF
murder in tho nrsi degree. He should 20 carefully
over the testimony and show that thore was nos
enough in IL to Justify conviction for petit larceny;
II mad from beginning TO end been sound ana fury.
slgnifyiDg nothing.
The counsel then went over the testimony and
said the car conductor mistook the word ferry
for Perry The driver and all the other witnesses
said that Hayes said TAKE to the Fulton erry.n
District Attorney Morris occupied nearly two hours
In summing UP the case and considered the evl-
dcnce IN detail. He held that the evldence-all the
evidence-poncd directly to the guilt OF the pri-
soner. The case Was one Of murder In the first de
| gree. Mir. Morris then spoke OF the many