The New York herald., 1870-04-13
PERRY's TH1R2 TRIAL.
THE MURDERED NIGHT wATCnMAN.
Second DaSt Proceedings Testimony for the
Pgrsecutiou-- -Hayes' Dying Deolara-
ton, ED Perry Shot Me-"

ton, ED Perry Shot Ne"
The third TRIAL OF Bdwin Perry for tho nnrder Of
Thomas Hs5es, night watchman at Harbecxs stores,
Furmaa street Brooklyn was continued in the
Kings county Court Of Oyer and Termtuer yesterday
morning, Judge Barnard and Associate Justices
Voornees ana Johnson presiding The court room
wan densely crowded asupon the previous day.
Mr.. Charles s. Spencer conducted the case for the
defence ana District Attorney Morris and his assist
ant, ex-Judge Moore appeared for the prosecution.
A jury having been secured on Monday, Mr. Morris,
after the opening Of the court yesterday proceeded
20 open the case for the people, telling how Hayes,
after being shot the arcnway OF Haroecks stores,
staggered out, got aboard OF and rode 70 Full
ton ferry The conductor and driver saw him near
tho archway, ana heard him say that he had
been shot, and that Edward Perry mad shot
him. Other parties came up and TO them he re-
FULTON ferry, and while on the way, fearing that he
might die, he requested the conductor to take his
street. D. When he got to the Futon erry he
was unable to stand, and was assisted into car
rage and thence taken to the York street police sta
ton. He was asked the particulars in regard to the
affair, as to who had shot him, &c, when he replied
edwin Perry The officers took him to the hospital
On the way to the hospital he reiterated that Edwin
Perry was the VINO had shot him. Shortly after
Montague street from Harbeck's arcnway where the
shooting took place. on a slow trot He went as
the last seen OF MIN for few oments as the prose.
cution claimed. Mr.. Morris exhibited diagram
showing the location OF HarbecK's and Roberts,
stores, and continued his remarks. The engineer Of
the Hour mill IN that vicinity while standing in 'front.'
Of the establishment saw this party as he passed
the party seen there was Perry but they described
the size OF the and the coat worn by him. just
ing the @ Claimed H has Perry asTy passed
DOWN the archway 10 the dock and thence
at twelve minutes before seven O'Clock by officer
McDernott about l25 feet from the Terry house. The
son ha ~ a, M s waca al tnat te ior the rea
therefore, enabled 70 specifically see the hour.
Perry then went to Kernan's liquor store corner OF
state ana Furman streets, called out William
Mccormack aud stated that he had had some tr0u-
pie with some friends; tnat they had nred upon him
and tnat he nao fred back. He wanted McCor-
mack TO go to his wife and get 500 from
her; but as Mccormack expressed doubt
rs TO whether Mrs. Perry would give him the money
torn rom a note book. Mccormack TOOK the note
OF where ner husband said he would meet ner. Dis.
trct Attorney MOTHS then related how the prisoner
crossed to New York. where ne was last seen thas
night IN Casharine street. At the close OF Mr. Nor
rs' remarks the examination 0f the witnesses for
the people was commenced.
TESTIMONY R0R THE PEOPLE.
DR.. Henry McManus, OF the Brooklyn City Hospi.
TAI, WHO made the pOSt-nortem examination OF
Hayes body, was tie first witness called. He
stated that death was caused by Internal hemor-
Thomas Delaney, The conductor OF the car in which
Hayes after being shot, rode to the Fulton ferry,
the evening OF tae 2sth OF December. he heard
pistol shot while about twenty feet from the arch
way OF Haroeck's stores; Immediately thereafter
he saw Hayes who said something.
q. What did he sayf
Mr. spencer objected, on the ground that The state
ment was not In the form OF a dying declaration.
Judge barnard overruled the objection. Excep-
tion noted.
Witness replied that Hayes exclaimed 81 am shot;
Ed Perry shot me-" lie got Off the car and found
Hayes aoout i've feet from the archway coming to.
wards him. Hayes got on the and then asked
witness to take hm 10 doctor; on the way to Full
ton Jerry he SAID to Delaney, For fear OF me dying,
as no 252 South Second street; when they arrived
at the ferry Hayes, who was scarcely able to walk.
was taken IN charge by some parties, and that was
the last witness saw OF hlul.
DR.. McManus was recalled with reference to the
ball taken IRON Hayes body aud stated that the
produced In court resembied that which he mad ex-
tracted: He did not put any mark on the ball by
which he could identify 1t.
called ana Iestlned that he heard the shot and
man exclaim IL am shots take me TO Fulton ferry;"
Of @ e man sbo h te na
replied, "Ed Perry shot me;" Hayes was coming
towards the car when the witness first saw him.
john Graham heard the report OF pistol and |
heard Hayes exclaim, "Murderl I'm shot, stop tnat |
manW while he was running up be heard Perrys |
man going towards the Wall street ferry; but this
party did not bear any resemblance to the prisoners
Hayes got on the car and as he did SO he said, Take
me to the ferry; take me to a Doctor"
Michael Cogan heard the report OF q piston ana
saw man gong down Roberts archway; he saw
the man quite plainly, and did not think 1t was
Perry; he ls well acquainted wita the prisoner and
II II had been him he would have recognized him.
These statements were eicited on the cross-exam-
1Datlon.
LOUIS Demar officer McDermott, Andrew Moon
and William Mccormack were then examined, the
most important part OF the latter witness testimony
being In relation to the request maze by Perry that
witness would 90 to Perrys wife and get 500 from
Smith. William Ennis, Mary Mason, Thomas Clair
Thomas Norton, officer Matthew Kelihan and
Charles Colby were not examined
Detective Denton testified that he found some
cartridges at Perrys house In a dressing case on
Top OF bureau, and handed them to officer
Ofncer Mclaughlin saw Perry when he was taken
70 jail on the morning OF the 10th OF December and
described his dress. Witness corr0boraied Denton's
January Olcer Campbell of the Fortvsecond
precinct took Hayes In a carriageifrom the Fulton
ferry to the station house. He was unable to stand,
3. pa Hayes say anything on the way to the sta.
o. DID he say any ything about his conditions A.
Oficer Gown helped to carry Hayes from the
carriage to the station house and told Sergeant
Latty that he thought the man was dying; witness
had bis arm under Hayes shoulder and was close to
him.
@. Did Hayes say or do anythingp A. Yes.
q. What d1d he dor A. lie nodded his head i'm
mediately after / spoke and then laid him down;
he made no attempt TO get up and breathed heavily.
BY Mr.. Spencer-Dld you at any time hear tins
man say that he was dying9
Wttness-I did not.
The question OF admitting as dying declaration
Hayes statement that Perry was the man that shot
him here arose. but in consequence OF the lateness
Of the hour the argument was deferred until to-day.
The court then, at five O'CLOCK adjourned until this
morning at nine O'Clock. An evening session Will also
be held.
FATAL QUARREL.
For some time past Michael Diennen, a plasterer,