The New York herald., 1870-01-29
TEE LATE TRAGEDY TN BROOKLYN.
Third Days Proceedings in the Second Trial
Of Edwin Perry.
New Evidence for the Prosecution-HOw
Hayes Was Treated at the Station
House = His Dying Declaration
Ruled Out by the Court.

tOn OF the klnkb COuuIy COuTL Ol OyeT anu lcT-
miner since Wednesday last, were OF great interest.
partially In view OF the fact that the prosecution In
troduced considerable new evidence, and also be-
cause the cross-examnation of the witnesses
elected facts OF great Importance In favor Of
the prisoner.
The court met at half past ten O'clock, and, as on
the previous days OF the trial. all outsiders de-
MED admission to the court room. Consequently
the corridors OF the Court House were crowded
throughout the day by the friends Of the prisoner
and others who took interest In the case. 1t Is
noticeable fact that the trial of Gonzalez and
Pelllcier, the Spanish murderers no case OF this
character has excited SO great public interest IN
Brooklyn as that of the man trial Tor his life.
THE TESTIMONY YESTERDAY.
Coroner Whitehill was the first witness examined
yesterday. lie testified to having held the inquest
on the body OF Hayes and Identified the bullet which
Dr. McManus, who held the post mortem examina-
tion, had delivered TO him. On the cross xamina
tion witness stated that there was no mark upon
the ball by which he could distinguish 1t from any
otner Of about the same caDre; after the doctor
handed HIM the ball he laid It on ms desk, where t
remained Tor three hours within access OF those who
were IN the room; he then put the ball In the
crawer OF mis- desk and locked the drawer; two
other attaches OF the office had access 10 this
drawer he sent the oal TO the District Attorneys
Office and saw IL afterwards but ne was unable to
swear that tile ball lie saw tins last time was the
was one similar iri 10 That that. " "
MYSTERIOUS FUGITIVE.
John Graham, OF No. 15l Furman street, which Is
about block and u hail from harbeck's stores,
stated that, on the evening OF the murder, while
standing a his door, he heara the report OF pistol
In the direction OF the stores he went down 10 Har
becks, and on his way thither he saw man ON
the river side OF the street coming IN an OPP
posite dire ctlon-towafds Montague street; witness
heard man cry cut, Murder; Pm shot, when he
was approaching harbeck's stores, but did not see
the man at that ullne; The first man was between
"A
heard: the person VINO cried out was about thirty
steps from the afchway oil the stores when Graham
first saw hm, and he afterwards got on the front
platform OF tile car.
MIR. Bergen cross-eXamined witness, who stated
that alter he heard the exclamation. Murder Pm
shot, ne also heard some one CRY our, "stop that
mani" when the wounded man got on the front
platform Of the car he said, "fake me to doctor;
take me to the farryl II he had SAID Dythlug else
witness would have heard him.
Thomas Gibbons, engineer at the -four mills No.
149 Eurnan street about seven O'Clock on the even
ing IN question heard the report OF firearms and
saw man on "slight troto going from the direc-
ton OF Harpecz's stores towards Wall street ferry;
the man was On the opposite side OF tne street, and
ran as far as Robbins stores when ne turned down
the archway; ne was man about dve feet ten
inches in height weighed ABOUT 40 pounds and
wore q long coat ana small hat
Michael Coiean heard the REPORT OF the pistol and
saw a man run down the archway OF Robbns'
stores: he Gid not see MN after that; witness Is
acquainted with Perry. the prisoner.
Dr. Stone testified to having attended Hayes at the
station house, and that he there stated the man
dying.
Mr.. Morris-Did you speak loud enough for the
man TO hear your
Mr. Spencer objected, and the question was ruled
out.
PERRY IN BROOKLYN.
Onlcer McDermott, OF the Forty frst precinct, tes
titled that aoout twelve minutes past seven O'Clock,
Oh the evening Of the murder, ne saw Perry on the
street leading from Furman street to the Wall street
ferry, and there cOnversed with him; Perry lett ana
went up towards Furman street. On the cross
on a hi of a drunk In reply to a ouestlOn or a
juror the officer remarked that the prisoner at the
time had m on on & long 6lne coat ana cap; he looked
A blue cap which had been found in the prison.
ers house IN Furman street, was shown to witness,
but he could not sweur positively that IL was the
one worn by Perry at the time nc saw him.
Theodore Greayes, OF Furman street. saw Perry
pass his place at about seven O'Clock on the evening
OF the murder.
Andrew Moore saw the prisoner on the evening in
question near the Wall street Terry and shook hands
with him; left him about thirty PAGES from Joraie
mon street. In Furman, ana ne continued on towards
South ferry; this was shortly before O'Clock;
Perry wore long blue coat ana cap similar to the
one Shown In court: ne was drunk at the time.
Oflcer Smith saw the prisoner on the night OF the
murder about quarter TO eight oclock,, corner or
Furman and Atlantic streets; when asked IL he
knew anything about the muss up the street Perry
SAID that he did not. Witness stated that prisoner
wore the cap produced or one similar TO IL.
PASSAGE AT ARMS.
william Mccormack stated that about fifteen
minutes to seven clock on the evening in question
Perry called him out OF Hermans liquor store, Fur
street, and asked him to go TO his wife and get
500: he said ne mad mad some trouble with some
tired back; Perry gave witness note to Mrs. Perry
and he delivered 1t to her ut her house; she then
dressed herself and took Car going towards South
| ferry, ana that was the last he saw OF her.
Wm Croweli corrOborated that portion OF Nc
| Cormack's testimony which related 10 his being
called out OF the liquor store by Perry.
Ofacers Denton, kchan and Mclaughlin, who had
searched Perry's nOase, were examined as to the
result or their search. Denton found several car
trldges there ana Relihau book, which the witness
Mccormack stated looked ike the one from which
Perry tore q leaf to write the note to his wife.
THE WIDOW or THE MURDERED MAN,
sworn and Identified the pistol found III the pos
session OF her husband on the night In question.
The marriage certificate showing that the couple
were married on the 2itn Of December, 1858 was
read In evidence and the witness retired from the
stand
Thomas Norton testified that he found pistol
similar to the one produced IN the car in when
Hayes alter being shot, rode from HarDecks store
to the Fulton ferry.
John G. Kiersan. starter at the Fulton ferry,
testified to receiving the revolver from Norton and
delivering 1t to Oilicer Campbell.
The officer next orn, and testified to having
removed hayes 70 the station house. Witness iden-
titled the pistol delivered him by kiersan.
The pistol was offered III evldence-no objection
made.
HAYES IN THE STATION HOUSE.
Ofhcer Coweo assisted In removing Hayes from the
carriage into the station house In York street. SER
geant Latting was behind tho desk and witness
Mr. Morris-what did you says
Mr.. Spencer objected; objection overruled and
eXcepLiOn taken.
Witness-I told the Sergeant that thought the
man was dying.
Q. Dld Hayes say, or do any thing at that timer
OBJECTED to ; overruled.
Wltness-He did.
@. What did he sayi A. He did not speak.
o. What did he dor A. lie nodded his head.
q. How long after you made the remark To the
sergeant did ne tliayes nod his head, described
A. Immediately after.
Mr. spencer cross-examned witness, and only
ASKED hin whether when Hayes dropped his neau 1t
did MOI drop from faintness or exhaustion. To
which the officer rep led that he could no. tell.
Sergeant Lattng's testimony was about to the
same effect, with the exception that he did not see
HAYES nod MS mead. The injured man was lying on
| the door with a coat under his head.
THE POLICE DERELlCT IN THEIR DUTY.
Judge Pratt Inquired or witness as to whether
there was NOT some regulation land down as to the
duty OF the police when man was brought into the
station house the condition that Hayes was. A.
Yes, slr.
Mi. opcncer--Is one OF them that you lay him
down upon his back on the floor for ten minutesY
Judge Prattlt seems TO me that there was great
| dereliction OF duty ON the part oi the police
THE ESCAPE TO WALL STREET FERi.Y.
Michael Tanning testified that person VINO went
| through the archway at Robbins stores, Furman
street, down to tie dock, could easily make s way
out along the docks 10 Wall street Terry; witness
traversed that way aud Climbed over the fence near