The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-27

have anything to do VIII Oouy; because ne y
said fdarc not say Sc 10 his as'g face; said
dared; we started TO walk towards 'annigan's; ~
SAID q" ,S you say tnao Cody face ssre y % ngnS
go down there; we viii go INTO Brannia,p's Aayee
drink; ana s'op THIS quarrel" we went IL, leAfy
never had u word I'M nv life with either OF tNe,u:
knew Douslas twelve or fifteen years, ana han
drink we went out on The corner ard taxed tnerc.
had some hard conversation; Cody alepped across
the street ana Douglas sald sfIere he comes. ~ ~
called Cody Overland said. "Acre Is man VINO has
called you
LIAR AND A rHrEF:n
Cody let tremendous oath out OF him and aetd
ANY man who says 50 Is lar;n showed Iearv on
one side and he struck at me- Leary got mold OF ma
hit me twice IN the head and Mulhearn separmsaS
us: went into the barroom and Douglas said I'VE
have got you now, you son OF b--h ana wc'lI give
1t TO yon;n did not intend to take any ones lie
THE OYsrERMAN's TESTIMONY.
James Muhearn. examned-Un the 10th Oct0bor
kept the oyster stand In Battery place; have known
both the parties and was ON friendly terms with
Jackson. Leary and Douglas; ! took Leary away
from Jackson aud left Cody remaining with hun:
wncn came back l heard the pistol shot;
Jackson was lighting alone against the three. and I
him" (ncaning Jacks0n) 'get him out;' saw
ieary round she corner; did not hear THIS express
sion, "Glve It 10 the big son Of b-h;' wnon
'- '' SQUASH rHH Muss,
he said 'No;" jackson was very mucn excited ana
under che in0ccacc OF liquor.
Cross examned-lt was between three ana i've
msnulcs from my taking Ieary away 70 the pistol
James Mariindaie examincd-Reside at No. 81
Wai street; am o tsnitoi; saw Mr. Cody TO my sor-
The District Attorney objected to this line OF evi.
denCc as irrelevant
Counsel for defence said he proposed to show by
this witness that Cody's statements the day previous
were utter falseh00d. When this witness made o
complaint against Cody the magistrate thought
such serious case that no sent It up to higher
court. There, although Mr.. Martindale was u re-
spectacle man. he had been
UNABLE TO uET JUSTICE
against Cody, owing 70 the interference OF certain
gentleman. whose maine he would not mention.
The Rec0- der allowed counsel 70 proceed, ana tho
witness continued as follows:-On n sunday MORN
ing, aDoui three years ago. was swimming my two
dogs In pier No. /; MI. Cody requested me to take
them oat; said mad the right 10 swim them there;
chance which nc didn't take; went to the edge OF
the dock TO cali my dog out, and he pushed me In
unawares; could not swim, aud how got out l DO
not know; 1t took me half an hour to recover my
self; mcdo complaint--
conno himself to the facts Of the alleged attempt to
drown hlm.
witness that the same man who was helping Cody
and Cody y friends to
round JackSOn'8 neck shielded Cody himself from
the consequences OF q serious charge.
rhe Recorder again allowed the witness to pro-
coed.
Wltness--Cody was arrested and was bailed out:
at the special Sessions the Judge said he should send
the case back to the District Attorneys oice lItto
take twenty dollars and let the matter 60, for
THAT HANK SMIrH-
The Rec0fder-Never mind that that has nothing
to DO with this case. should like to know, THOUGH
II Inc dogs are still aliyef am u little curious
Witness--Yes, sir, i nave them STILL
J0nn OakiOrd, eXamined-Am captain OF po-
lice squad: was first appointed captain live years
ago: jackson was app0nnsed officer IN 1865: / was
captain all The time he was officer; he carried ps-
fol because some prisoners escaped from rim as no
was carrying them rom the court. and told him -
get pistol; the next das he showed me one thai -
had got
Coun. Q, for the defence asked to read the names
OF the gentlemen who composed the first Grand
Jury that had To do with thls case. He wished to
show that they were as respectable as even a demo-
Crattc committee.
The District Attorney-I submit that ia not compe.
tent
these men, who decided that this was not % premed-
ita ed case OF murder, were honorable men and
reputable citizens II the second jury, who indicted
Jackson Tor murder, Were justified in DONG TO-
some man brought before them as a witness must
have perjurcd himself. IL they lad acted only on
tho same evidence as the first jury he wished to
class Of men, incapable Of vioIatng the oath they
The Recorder said he did not think this made
much difference. The court and jury were now en-
gased only In ascertalnng matters OF TACT. Ii Jack
son were innocent the facts did not convict him,
he would be acquitted. The Court had nothing
whatever to do with the action OF the Grand Jury.
Counsel Tor defence-l say then that the witnesses
before the two grand juries were the same. 8N
u TELL THIS COURT,
not that wish TO say anything derogatory to Its dug
My that politics must be taken out of the judiciary
oil this county NtE 1875 aa.s n e4.A ~
Recorder-rhe sooner the better sir. s,..
COuiisel-I am one oil those who are called luna
tics, but | can put my finger
Is. UPON CERTAIN JUDGES
who yield TO political Influences and redeem their
oatns according TO those Influences, II they redeem
Recorder.Tnlte have the honor to preside in
this court decline TO aliOwyO or any other c0un-
sci 70 impugn the motives OF any Judges;
COUNSEL can prove what say. il the Court de.
mes mc the right TO examine this witless upon
points trust it Will give me the benefit Of an excep-
ton. g
MISUNDERSTANDING sir. sg aa aa al
Counsel-I don't see why shouldn't have tho
same liberty TO speak as the newspapers. Day after
day tue newspapers bring SPECIFIC charges against
ssTHOU ART THE MAN"
and there Is the charge against you. will offer also
to read the indictment found against Jackson in the
Court OF Oyer and Terminer on the 9th Of November,
1859.
objected to. objection sustained and exception
Counsel then offered the evidence taken before
Coroner Flynn on the 9th OF November, 1859.
objection taken and sustained, and exception
noted. ,.ssS r-6Il = \
Counsel then read the ante-mortem examination
OF deceased, which he claimed at variance with
the testimony offered in the trial. and further was
also false. WEH
Counsel also read the first statement Of the prf.
soner and then said:-I move now to quash tho
indictment, ON tho ground that the second grand
GUILTY OF wANToN FRAUD
upon the administration OF justice.
RecOrder-That Is q very serious indictment
against the honor and integrity Of twenty threo
men. g. ef .s. rs. 81 4.-,s n y. ~,
Counsel-We charge that the second grand Jury
were guilty OF fraudulent action, and not o word
can be SAID in their favor.
The motion was denied. 5usto 3. .ssl, . y. ~.
The defence here rested their case aud the court
adjourned until to-day.