The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-13

NEW vi
street, an oyster saloon, on the 6n OF January. be
I tween one and TWO O'Clock ia the morning; heard
shot bred and came out on the stoop; While there
! ] saw jeremiah Dunn run past; saw him stoop
into the gutter and put something there, and then
Inc gutter afterwards took il 10 the station asuse
and gave " to Sergeant Pickett; about Ave minutes
elapsed between the report 81 the pistol and the Tune
| rhe pistol was here shown 10 the witness, who
said 1t looked like the one he had spoken Of
OFFICER CRIrrEEDEN's TESTIMONY.
0flioer Crittenden testincd--At halr-past one
O'Clock the 5th or January was al the corner OF
and some one cry "Oh;' the crowd exclaimed SIN
| the basement IN the basement ~ Logan was after
wards removed on q stretcher TO the station house,
| corner Prince and WEBSTER streets; looked for
Dunn in the saloon out could not IND him.
OFFICER SMITHS TESTIMONY.
Elisha M. Smith, police oflcer, said on the night
OF the occurrence he saw the previous witness put
his hand on Dunn and heard some one say, "That Is
Of Crrtenden with respect 10 the transaction. he
helped TO carry Logan to the station house, and in
so doing saw his vest open and wound In his ielt
breast
JOSEPH GREENoUGH's TESTIMONY.
Joseph Greenough employed IN Bellevue Hospital ta
brought to the hospital; Logan lived sixteen hours
alter being brought in
DR. SHINES TEsllM0NY-THE Posi-MohIhh AAAAi-
NATION.
| Dr. william Shine then reek the stand and testl.
! 1ed-I maze post-mortem examination On me
/ body OF James Logan on the It'll OF January and
found plstol-sot wound about an inch and haf on
the left side OF the breast; piece OF colh was FOUND
I IN the percardiun, evidently having been driven
In bv the shot deal was caused blythe SIS OF blood
by iemorrhage resulting from the wound; Logan
witness then described minutey the devious course
which tho ball had taken IN The body or deceased.
The District Attorney here said he rested hts
with the exception OF JOnn W. Cook, witness who
had been summoned, but when called had not re-
spondcd 10 his name.
RECESS TAKEN.
recess OF fifteen minutes was here taken, the
Judge remarking that with desire TO keen the
Jurors together ne would sit late and make as rapid
OPENING FOR THE DEFENCE.
Junior counsel then opened the case on tho part
OF the defence, arguing that the firing OF the pistol
by Dunn was prompted by the motive of self-de-
fence. Counsel also reelected on the character Of
the witnesses for The prosecution and asserted that
no jury ought to convict upon such testimony.
TESTIMONY FOR THE DEFENcE-HENRY W. PECKHAA
ON THE STAND.
Henry w. Peckhan, sworn for the defence, testi-
fed was coming out OF Wilson'S conce house,
next door to Harrys Johnny's, IN the negnl Or
hood OF one O'Clock; used to go down az that unc
TO get my conee; as was coming up out oil Wilson'S
] saw the sidewalk blocked MP with people; recog
nized several men knew and made q halt; heard
Logan say TO Duna, II can lick all three;' Dunn
said, ''Yon won't lick any OF u.s." Just al that time
Peter Morton spoke up and said Look out Jerry he
has got o pstoi;n logan ana will jX one OF you
suckers" and he took something out OF MS pocket
which think was pistol, When Dunn tooH out his
pistol ana shot him.
Crossexamined by the District Attorney-I am
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pistol from his pocket; 1t might nave been knife;
1t was an instrument OF some KIND; knew Logan by
people having pointed him out to me several times;
AIN III no business now; al the time OF the murder
kept club house; am an engrayer by trade
District Attorney-tlave you lived in Sing sing.
Counsel Tor Inc prisoner objected and asked the
Court to rule upon the question.
The Court ruled that II tile witness by answering
the question would disgrace himself or tend to con
Wet himself OF crime he might decline TO answer
Tae witness took advantage OF this ruling and de-
clned 10 respond TO several questions propounded
~
In answer 60 orner questions the witness said he
went oy the name OF wilson Tor two years; that he
declined to say whether ne mad been in prison for
any offence committed IN New York.
FREDERICK EDEs TESTIMONY.
Frederick EIDE, who said he had been CLERK and
bookkeeper, testified that ne saw two men standing
outside OF "harry's and Johnny's on the night OF
the shootng that he heard Logan say, Here they
are, let us 20 ana give II TO them' he stopped and
saw the prisoner DUNN, Peter Norton and another
man come out Of tae saloon; a. man with Logan
SAID, NOW give ii 10 the son OF a b-h;'' Logan
went up TO Dunn and said, ''You insulted my grl:
that Is worth yours liie;n Logan pulled out some
thing like pltt9l from mis- pocket.
The witness then rected the circumstances as de-
scrlbed By the previous witness, i'll connection WIN
the further alsercatoa and The iatai shooring
TESTIMONY OF ORyAL A. ham.
Orval A. Ham then testified 10 state OF facts cor
responding with those described by tile preceding
Witnesses Tor the defence lie saw Logan draw
something from his pocket which ne believed was
pistol but he could not swear positively that 1t
was pistol. re direct question: he nnnesltatlngly
answered. II have not the least doubt IN the world
1t was pistol.h
THE STORY OF JOHNNY;
John j. GuIiari, alas Johnny; icstied--I am
the johnny OF nc irm OF the coffee House No. ~
Houston street, known "Harry's d. Jonnnv's;'' /
cid not any ''lnussv between Logan and Dunn in
the saloon. the girl went out first, Logan ollownc
presently Logan came back, got u cigar and looked
around the place again before going out; Dunn apd
his rienes ate their suppers peacefully and went out
quietly; afterwards heard the report OF pistol on
the street.
'.HAIRy's'' VERSION OF THE STORY.
William Henry Thomas, the 'harry'' OF the firm,
said Logan and his girl came into the saloon first;
Dunn and his friends afterwards came, wnen Logan
went over 10 them and began taking with them;
the girl got up and went out and Logan followed
went out also, when Logan, projecting hsiet hand,
or BIS, | could get away with all three OF YOU"
Dunn then shot, wnen Logan cried "oh Onl On -
In the cross-eXamnation, which was very brief,
nothing important was elected.
ADJoURNMENT-THE JURY At THE AsroR HOUSE.
AT the conclusion OF the testimony OF tlis witness,
1t beng then five O'Clock, Judge Cardozo, adore ssng
the jury, said:-l have already stated that 1t Is my
desire 10 keep yon together gentlemen of the jury.
and accordingly arrangements have been ma de at
the AstOr House for your accommodation. 1t Is
with this view that have sat late, ana by this
means hope 10 prrg the case TO q speedy term-
nation. II any OF you wish TO communicate
with your families you can do 50 through The officers
OF the court.
The court then adjonred till nalf-past ten this
morning.
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