The New York herald., 1870-01-30
YHR PERRY MURDER TRIAL.
The Case Of the Murdered Watch
man in Brooklyn.
ma Testimony for the Dcfence-The Prisoners
wifs Excluded from Testifying-
mony of Perry's Friend, Churchill
TAs Jury Cannot Agree.

Wifs Excluded from Testifying-Testi-
mony of Perry's Friend, Churchill
The Jury Cannot Agree.
~ tho sria, OF Edwin Perry, the alleged murderer
vf Thomas Hayes. night wAtchman at Harbecks
ussres, Purman street, Brooklyn. approached con-
clusion, the public interest manifested IN the case
was increased. The Court Of Oyer and rerminer ON
FRIDAY afternoon adjourned untai nine O'Clock yes
&erday morning. but long before that hour the Court
House was crowded 0y people Of all ages and con-
ditions anxious 70 gain admission to the court
room. Very few, however, succeeded In gaining an
entrance 30 that when the court opened ct nine
s'cleck there was but comparatively small number
oi spectators present. Within an hour afterwards,
however, the noor was crowded, but the gallery re-
manned unoccuplea, ss ON the previous days Of the
trial.
Immediately after the opening OF the court Mr..
John H. BERGEN proceeded to open
THE CASE FOR The DRFENCE.
Mr.. Bergen at the oatstart contended that there
not IN the Case an element Of murder IN the first
degree, and that II the prisoner was convicted at
Ill It could not be for an onence greater tnan man.
slaughter In the third degree. The only possible
provision Of the statute under which the prosecu-
tion could claim the conviction OF Perry OF murder
In the first degree that he took the life OF Hayes
with premeditated design. Where was the evidence
70 prove this The only scintla OF evidence In any
way connecting Perry with the affair was the decla
ration Of the deceased as sworn TO by the boy
Delaney. He then reviewed the evidence OF
the prosecution, claiming that 1t In no
wise made out q cage against the prisoner
and said the defence woad show that on that night
nlne bags Of coffee were stolen from vessel lying
At Harbeck's stores; that man was arrested ON
rho rhorrv 49, <ha<s
sequeny discharged, and they would claim that this
man was probably the one who took the life OF
sf1cer Hayes rather than the prisoner at the bar.
THE TESTIMONY.
Charles L. Colby, one Of the proprietors of Har-
occks stores was the frst witness. He testified
that on the evening or the homicide tnere was
vessel laaen with coIee lying ct the storea
Mr.. Spencer offered TO show that Mr. Bartlett,
partner Of witness had made ar1davit to the eject
that coffee had been stolen from the on the
The District Attorney remarked that no such thing
had taken place.
Mr. Spencer-was there Q complaint made In your
presence, before Police Justice Walsh, that on the
night Of December 2S, nine bags OF coffee valued &C
$500 belonging to Arnold, sturgis Co.. was stolen
from this vessel which Hayes was watcnlngS
Objected to- objection sustained.
On the cross-examinat ION witness testified that at
wharf there was . large reflector facing Furman
street, but he did not know whether the gas was
RIVER THIEvEs AT WORK.
E. B. Bartlet testified as to the iact Of the vessel
laaen with coffee lying at the stores and stated that
It was part Of the duty OF Thomas Hayes 70 watch
that vessel on the evening in question: on the SOth
OF December he was shown nine bags OF coffee re.
semOllng his at pier No. North river and he would
judge that 1t formed portion OF his cargO IL was
In the possession Of the Harbor Police and was sub
neg o inc ey M one Of
arrest Ia whose possession, 1t was claimed, this
coffee was found and this party was discharged In
uapp N w IN tn
part OF the cargo.
The cross animation revealed the fact that the
Harbor Police found these nine bages OF coffee In
small boat at pier No. IL East river.
In reply to questions OF MIR. Spencer, witness
stated tnat the arrested party was man about i've
feet nine inches IN height and weighing about 100
Mr william G. Bishop, the Official s,enographer,
was next sworn and read the testimony OF Thomas
Delaney conductor OF the car In which Hayes after
beng snot rode W he Fulton ferry and also that OF
other Witnesses, at the same Time esilfylpg to the
correctness Of the same.
THE MYSTERIOUS FUGITIVE
Francis Duvall wnlle in Furman street. near Mon
shot ana afterwards saw man with long coat and
hat pass down towards Wall street ferry. The man
saw Perry talking TO boy, aoout ten or nfteen
minutes to O'Clock corner Of Joraiemon street
George Osborne watchman at Roberts' stores,
Furman street, heard pistol shot while In the arch
way OF the stores; he went through the archway
but did not see . man pass down through there; az
ter the report OF the pistol ana wnfie standing at
the mouth Of the archway, he saw tall man, wear
Ing long coat and round hat, pass along towards
Wall street ferry; that man was not Ed win Perry.
Witness was xamined by the District AtIOr-
ney. and stated that he stood the mouth Of the
afchway, on Furman street. about five minutes;
knew the shot came from Harbeck's stores: saw !
people going IN that direction, but did not GO there
himself.
ness stated that he lett ine watch house at ten
minutes before seven O'Clock.
THE PRISONERS WIFE.
Mrs. Perry was called, but Mr.. Morris objected to
her being sworn. The objection was sustained; ex.
ception noted.
wards saw tall, dark-complexioned man. with
whiskers, and wearing long coat and hat pass on
. "slow rotn down from the direction OF Harneck's
store towards Wail street ferry; witness saw the
man distinctly and swore that he was not Perry;
this was aDou. seven O'Clock; the man appeared TO
be putting something IN his pocket.
NIGHT wATCHNAN's STORY
John P. Robertson, night watchman at Pierrepont
dock about block bloc and e. half from r. a! aaI6eSs
the archway OF Pierrep0nts stores; about ten min
utes afterwards he unlocked the gate In the fence
thirteen or fourteen feet high, and ~ there was log
wood piled up against II man could not easily get
over t.
alter you heard the shot run down and come along
the dock and get over that fence on MS rosd 70 wan
street ferry without yo1 seeing ss nm' A. NO. s'
william Churchill, OF No. 80 Madison street. New
YORK, knows Perry, and on the afternoon 1mmedl-
ately preceding the murder, at about haf-past nve
O'Clock, saw him at the Peck slip ferry; Perry was
under the influence Of liquor and witness took him
to the Fulton ferry paid his fare and that was the
last he saw OF nun.
Mr.. Morris cross-examined.
q. You have talen an active part In this case
haven't your 4. ies. Sir.
INTERVIEWING A JUROR.
Q. You are the pyrty who called upon one Of the
Jurors on the last trial, arc you not?
Mr.. Spencer objected
Mr.. Morris-I want to show how he has worked
and what credit shall be given to hts evidence.
The Court thought that he could not show that
Mr.. Norris-Don't think we can prove acts ne mas
done in tins CASEY i want to show that he is the
person who went TO one OF the jurors
Mr.. Bergen-i object TO his stating before this Jury
what he proposes 10 show.
WAS THE JUROR THRkATENEDf
Mr.. Morrls-Can't show what he has DONE what
he has talked with parties with reference to this
case propose 10 show that, for the purpose OF
anectng TINS trial. By threats, he procured letter,
tnaI he himself went personally with that letter to q
Publishing once. / want TO show what ne said In
connection with that for the purpose OF showing his
bias, for the purpose OF showing who he u and what
1o1 il.
Tne Court don't think there is any rule of evl-
dence which will admit It; never heard OF any. You
m a an n md