New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-10-26

is where about SOOoOOOOO, making extra allow
For the plaintiff, Mr. Peckham and Mr. Charles Tracy;
for the defendants, Messrs Field and Sherman.
THE JACKSON MURDER TRIAL.
TESTIMONY OF WIN. II. ALBERTsON, PATRICK
WALL, PETER RILEY, THOMAS CODY, THOMAS
O'HALLORAN, JAMES LEARY, JAMES r.
THOMPSON, DR.. JARVIS ANDREWS, THOMAS
DOUGLASS, AND DIR. CAMERER.
The trial of Thomas Jackson for the murder
Of Archibald Douglass in Brannigans saloon, corner OF
washingonst and Battery on the Goth of October
1862 resumed yesterday before Recorder Hackett
In the Court of General Sessions.
OPENING OF Mr. FELLOWS.
The for the prosecution was opened by Mr. Eel
lows, who said to the jury: There were suggestions
made yesterday which you and gentlemen, are bound
notice. all who connected with the conduct
OF this case although don't propose for any length OF
time to comment upon them now. AS for myself, De-
eve the issues there presented wholly irrelevant
and mpertnent to the issues before you As to the in
PRODUCTION OF politics into this case do most earnestly,
before this jury and Court protest As for myself,
charged with part Of the responsibility which Is IN
trusted TO the prosecution, here solemny affirm that
1 know but two parties in coming before this
jury-the People on the one sde and Thomas Jackson
the prisoner, on the other; and care not who
may be urging the prosecution il indeed the charge was
would coneede for the sake OF argument to the
fullest extent and latitude, all that they have claimed,
and ask yOu gentlemen, under the solemnity OF your
oaths what possible bearing can have in this case
eupD Of Thomas Jackson for the murder Of Archibald
Douglass what have been doingi We have been
simply demanding that there shall be an investigation
into the cause that produced the death of fellow man.
and that IL unbiased men, the peers OF the at
the integrity Of their lives and the honesty OF their pur
the Evidence S hssn
and it shall be yndcated at their hands And that
have been the anmus that has controlled the prOsec
tionand we deny any exlsts-we eoheeoe' 70 tnein 70
bear to urge on this prosecution what could they do Of
they capable only presenting the facts to the
to decide by evidence submitted 1t matters not them
whether or B. any other man, shall have been the
slider is whether he feonlously and with premeditated
malice took the life Of Douglas on the 2sth Of oeto6er
guilty of MURDER and under the rulings Of the Court
the es aRe his life with
premeditated design that he sought to kill him, II the
Court as to the law your simple duty is TO render
dict accordingly ifyou find, gentlemen, he was JUST.
through s your verdict, This is all on the part
of tie prosecution we desire In TINS case;
Whether this belonged to one or another political
organization, is question do not to inquire into.
and on the part Of the prosecution yon viii mot hear
shall come, word as to the political complexion OF
s ssn wG 9S the m Of
urging that the deceased escape when he was
from the fact that having been an officer Of the Court
he familiar with the punshments meted TO
ger which the prosecution would endeavor to dprove
| he had no license to use deadly weapon
THE EVIDENCE.
The frat witness called VIM. H. Abertson who testi
fed that about noon the Goth OF October 1862 he
stepping out of the BARRIERS shop In Wests, near Bat
tery-pace. when he five six men fighting in Wash
ington-s about 1881 feet beyond him. they separated
before ne could arrive the spot but lie recognized the
was very much excited and struck man standing by
the oysterstand near by; jackson placed his hand be-
door of Branngans saloon, facing Batteryplace; wit
observed man inside the room run to the door
outside to intercept him then the man on the inside
loved him on the outside, and the other then
running toward the door IN Washington-st, and
toI, and upon going inside Immediately afierward saw
this man lying gin the door nearly dead heard some
Hne Sr.o w I nswered why should clear ont
| Cross-e1amned by Mr.. Graham-Q. How long was it
from the you first saw these men cnched until you
saw the lying in the doorway A From one TO two
three minutes cannot say exactly saw this man in
Q. Was it instantaneous with Jaekson's running TO this
door and hearing the pistol shott A. Yes s ne went
there rapidly; very much excited, and evidently
under the influence Of liquor.
didn't you him pass from the sidewalk to the bar
roomf A. didn't recognize him.
resided at No II Westinghouse he at dinner, and
crowds his house, and going out saw Jackson
nothing said between them; this continued about three
minutes after they separated Douglass away to the
Battery place and went I'M jackson went around
TO door then Douglass went back othe
West-st. door; did Jackson; Douglass then went TO
the front door, and Jackson entered and fired at him;
Douglass lay with his head outside and his shoulders
and body inside the liquor store pistol i'll Jack
sons hand when he went TO the Westinghouse door;
the doors are Mood T taa ea sS push ali
il you Ike Jackson when he fired, stood In the
outside and kept running up and down Douglass
that could see him there was man behind the bar,
and may be one or two more couldn't positively;
/ wa
that door heard the report, and saw Douglass
Counter turned Douglass over should Judge the
whole thing occupied three minutes; jackson came out
the street, don't know OF his saying or doing any
thing.
the waist while LeaIy struck but to the best OF my
knowledge, he didn't hold his hands; saw no one
@. Who was in the barroomi A. I couldn't tell any
body but Jackson and Douglass and the barkeeper;
window, but couldn't say; didn't see any pistol in
Jacksons hand inside the store, but saw II in his hand
outside, both before and after the shooting.
O. How long did you stayi A. was sent TO get
wagon to take Douglass away, and when got back he
o ya S% OF yo knowledge
that Coroner Flynn knew about previous to the IN
quest1 A. believe got notice; don't know any
Peter Riley testified that he resided at No "a Albany.
al. and was expressman; was at Branngans saloon
at the time Of the occurrences first noticed Douglass and
jackson talking anry on the soop heard Jackson say
Douglass said Cody, do you allow man to call you
liar and theft Cody said the %an that saed him
aud prove it," adding I'm break your nose for
Jackson turned round and said, with foul epthet.
what have you got 20 about il r. aud he hit him Ia
the face and Knocked his head against pillar then Jack
backed of the Sidewalk, and Douglass and Leary
ran toward him, and Jackson put MS hand behind his
back aud Douglass and Leary got hold Of Jackson and
put their arms around him. went over to the oyster
stand and the next saw was Douglass standing IN the
Bateryp door Of Brannigans saloon with his hands
on the door II TO out Jackson turned around
and Douglass, and went for him Douglass saw MN
coming and turned round, and Jackson went TO the door
that Douglass would out and Douglass turned TO
out the Wests door, the same door he went III ~
Jackson turned and followed him the outside Of the
house jackson then ran into the Westst door, ana
started for the door agn, Whom