The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-26
The First Ward Shooting Tragedy
Progress Of the Case Yesterday.
THE STORY OF THE MURDER.
Hail Dozen First Warders Oh the Stand
Something About John Foy's Musketeers
A Waterside EpisoGe-Jackson Under
the Influence Of Liquor.

The trial OF Jackson. at the Court OF General ses
Mons before Recorder Hackett began yesterday
morning In serious earnest. In striking contrast to
the proceedings OF the day before, there scarcely
any verbal sparrlng between the opposing counsel,
or even between the counsel for the defence
and the Court From the very outset all the parties
interested settled down to actual work, and In a
session which lasted nearly Ave hours got through
very heavy mass OF evidence. In fact. the for
the prosecution IS now almost closed Six witnesses
remain to be examined but 1t Is not expected
that they VIII bring to light any fresh facts
or Importance though they may prove a few mat
ters necessary to complete the formal presentation
Of the case, and may, perhaps bring out In clearer
relief what was sworn to by previous witnesses.
The court room was, Of course densely packed.
The doorkeepers. however, exercised wise dis.
erection, and granted the boon OF admittance
to but q scanty few OF the tnreadbare and
poverty stricken loafers VINO seem TO gain their
livelihood in some mysterious and inexplcable way
by haunting halls Of justice AS the benches
devoted to the public were nearly filed only gentle
men who could show that they had real and special
interest in the were permitted to enter.
The space before the rail reserved for members
OF the bar was crowded, perhaps, more closely than
the public benches nearly all our more prominent
criminal lawyers being present. Late In the after
noon District Attorney Morris, OF Brooklyn put in
an appearance, and seated just behind Mr.. Eel
lows took an eager and palpable interest In the
case.
THE PRISONER
entered the court room at q minute or 80 before
eleven with demeanor OF great self.possession and
cOmposure His face was pale and haggard and mis-
features bore the plain traces OF care-perhaps
might also say OF remoree. Their general express
sion was very pecular-strained watchfu eager
yet with no admixture OF nervousness or
distracted anxiety. The mouth and chin,
always firm, seemed almost a. If they were
moulded In iron, and his small, dark deep.set eyes
glittered with unnatural brancy.
Scarcely had the court been called to order than
the case was at once opened by Mr. Fellows, In a
br ief and brilliant address. He confined himself
almost exclusively to the facts which the prosecu-
ton hoped to establish and protested against poll
tics being in any way mixed up with the case.
:. The case was then opened for the prosecution by
the calling and examination Of
THE FIRST WITNESS
William u. Abertson sworn and exalnlned:-I
reside at $40 West Nineteenth street; on the 18th
Of barber's shop, near West street, on Battery
place; mad been in to get shaved; mad then
den; was not acquainted with Mr.. Douglas: [
had known jackson. the prisoner at the bar,
the BARRIERS shop glanced UP towards washington
street and ! saw several men clinched together
there; ! walked up and when arrived they had
dispersed. all except one man ana Jackson, who
were cllnched and remained so few moments;
after they separated Jackson turned and struck
man VINO was standing by an oyster stand there; he
was very much excited indeed and put his hand in
MS pocket several tmes-three or four times--and
then stepped towards the Washington street side; as
ne stepped hack some one stepped TO the door on
Recorder Hackett-Do you know who was the
man he had been clinched WITH
Witness-I capnot tell; the party at the hack
door again started for the front door; Jackson STEP
ped iIside heard then the report OF pistol and
afterwards saw this man lying on the step; Jack
son came ont and a gentleman standing on the cor
ner the oyster stand Ut may been the oys-
''wuY DON'T YOU CLEAR ourS,
Jackson replied, ..why should go aways, cam
not say II the man who was lying on the step the
see who was in the saloon; was on the outside
saw nothing more; went over 70 my office; can
NO sss examnedTIe bsrber's shop Il ony abou,
two doors from this hotel 1t Is In the same buildings
there isabout Us ieet between the two, should say
wnen saw the people clinched first there seemed to
be about four or I'VE In all; the whole thing hap
pened In very short time: could not say exactly
Counselr-Eow, time Is al important to us: these
things are instantaneous; how long after the separa
ton did the party appear at the door,
WItness--lt was Simultaneous; as Jackson turned
and struck this man lie Immediately reached his
hand to his pocket.
Counsel-Did not Jackson appear to be under
THE INFLUENCE OF LIQUOR
rs well as Of excitement,
Wltness-Yes, STR thought he was very mnch
under the influence OF liquor.
Counsel then infinitely questioned the witness as
to the diagram OF the scene OF the shooting that had
been put into court by the prosecution.
Counse-lf Douglas was one OF the men clinched
on the sidewalk, DO YOU mean to tell the jury that
you cannot tell how ne got into the barrooms A. /
mean to say that recognized no party who was In
the clinch at the distance and by the time arrived
o. DO you mean TO say that you saw no one man
20 into the barroomY A. Yes sir; don't know now
Douglas got into the barroOm.
@ How was Jackson drcsseds A. don't remem-
Der; he mad coat on, OF course but don't remem-
Der what style 1t was; II seemed to have pocket on
the inside did not hear Jackson complain OF pain
in his head; think he put his left hand into ms
Q. was he lying on his face downwards or side
waysf A. He was lying on his face; the length Of
his body was IN the barrOOm
PATRICK WALLIS EVIDENCE.
Patrick Wall examined-On the 10Th OF October,
ps%s am in the same business now i've az No. eJia
Washington street; on the 2oth OF 0ctooer saw
something occur at Branigan's saloon, at about
dinner time; my attention was first attracted by
crowds running by my house, where was eating
my dinner. ] went ont to the corner OF Battery
place and Washington street; was on the same
corner the saloon and on the same side Of the
street; saw Thomas Jackson, Leary and Coady
HAVING A sET-ro;
they were fighting
Counsel-Go on.
Witness-Don't know what 10 say Then. in re.
spouse TO questions-Didn't hear any OF them saying
anything; this lasted about three minutes; al last
Douglas ran away and went into the saloon at the
door nearest the river; jackson ran round 10 the
washington street door, to head Douglas or.
Recorder-Confne yourself to facts, we don't want
differences.
Witness-Douglas then went to the other door,
and Jackson ran also round after him; Jackson ran
III uoul, duu OOuglhS went out or the
Washington street door; as Douglas was coming
out Jackson fred and Douglas fell down on the
steps; he aid with his head outside the liquor store
and his shoulders and body inside: he LAID on his
race I'LL turned him over: saw a pistol III Jack
sons hand; l heard the explosion.
RECOMMENDATION did you first see the pistol In
Jacks0n's hand2
Wltness-When he tJackson) first started for the
washington street door; he was then on the out.
side OF the saloon; the doors wooden DOORS
with glass sashes; there are about eight panes 10
each door; the glass is about two feet and halI up
the door-you
GAN CHUCK 1T ALL OPEN
ut once II you like; it opens altogether; when
jackson fired he was at Battery place door, near
to West street, and Douglas was about i'll the
middle from the stove to the Washington street
door-abOut ten feet; at the time Jackson
hrcd Douglas was running; | was outside a.
this time, and as Douglas ran l ran TOO after
him; inside Of Branigan's store, besides Jackson