The New York herald., 1870-03-03
THE BANK COFFEE HOUSE TRAGEDY.
Trial Of James Leo for the Killing Of William
Xans-A Crowded Court and the Nature
Of the Audience -Acquittal
Of tho Accused.

II having become extensively known that James
Lee would bs put his trial yesterday morning IN tno
Court OF General Sessions, charged with the murder
OF william Kane In the Darroom OF the Bank Gomez
House IN Grand street. during an alleged political
dispute In the month OF November last, long before
the doors Of the court room were opened large ana
motley crowd congregated In the railways and cor
rid0rs leading thereto, all evincing the utmost
anxiety to crafty that morbid curiosity which char
scterizes . certain OF fellow cstizens who
are ever and always ready TO gloat and
ponder over the sckening details Of crime
in all its phases, AZ developed In . court like the
General Sessions, and particularly do they hug 70
their b0soms good Out.and-out murder, and long
for the moment 10 approach when the unfortunate
human being VINO stands charged with that horrible
offence may be brought into court ana the solemn
drama finally opened. To say that good, well dis
posed and sympathzing citizens are not 10 be found
among the audience at murder trial In New York
would, perhaps, be saying too much; but taken as
pretty general thing the beings who compose such
audiences OF q class whose hearts are not over
wnelmingy imbued with the milk OF human kind
nessn and whose sympathles, II they have any at ah
run into gr0veling and low depths The audience
In the General Sessions this morning composed,
however. OF an oDsr.iuns gatiley1ua OF all classes
tho rough and the smooth, the daring "knuck" and
| the peaceful, respectable citizen who, perchance
i
| IN the shape OF a transfer OF his small change
THE PRISONER JAMES LEE.
On Recorder Hackett taking hts seat on the bench
| a. eleven O'Clock, District Attorney Garvin directed
the prisoner James Lee 10 be placed at the bar. As
| Lee stepped forward momentary nutter Oh excite
ment ran through the court ROOM ii c ~ decidedly
| respectable appearing aud good looking young man
OF about thirty and his whole appearance arecty
| Ia a handsome SUIT OF black and conducted himself
Ia quiet modest manner. he was defended by
| Mr. Sidney H. Stuart.
About Two hours having been consumed in empan-
cling jury,
| District Attorney Carvln proceeded 10 open the
| case to them amld profound silence. lie reviewed
| the facts they have heretofore been fully puo-
shed In !he HERALD, detalllng what ne expected 10
Ine first witness called on behalf or the people Was
Jonn Smith. who, IN answer TO the D,Strict Att0r
ney, testified os foliows:-Kesde at No. "a Norfolk
street; on the l5th OF November last between seven
and eight O'Clock IN the morning tdonday morning),
the prisoner and the deceased were my place. the
| Bank Coree House, No. 3l9 Grand street, tney came
| IN together and called for drink, and drank and
| went OUT they returned IN half or threea quarters
Of an hour with . man BY the name OF BIady; mo-
tced then the prisoner was cut IN tne p they took
o and fraas m 1 TsI no 9u x q ght lSsa s
way he treated MN; deceased SAID, 'iou
d-n loaier, nave always been your
the bar and made several attempts To strike nim;
went from behind the bar ana caught holo of de-
down. but Jumped up again; about tnar time
couple OF gentlemen, VINO appeared 10 be acqualn-
|
nm, but they could no. ana went out;
but before this deceased said to tlle..
Tins son OF b--h mas D pistol, ana want you
take 1t from him; they wanted deceased u 20
Ntn tnera, but he would nOt deceased then struck
prisoner seyefai M times and prisoner .9la nim TO 60
prisoner ty the hair OF the head. and prisoner
Kept SAVING sus to es 60 n Of 6lm; ! was tnen
heard The report OF psto then deceased let 90 his
nold, and prisoner ran into the billiard room, fo
| lowed Dy deceased who chased him two three
times around billiard table; deceased Jhen threw
on his cap and coat INTO the street. and returned
| In a few minutes and picked . tumbler or the bar
and hred 1t at prisoner; immediately wnen the
lumber was fred heard report OF
| q pistol and deceased staQger around several
times and TALL near the inside door OF the saloon
ran and SAW the blood oczlng through u wound
IN his head; he was carried away and died soon
alter; saw no pistol at all. (Mr Stuart prisoners
counsel, mere conceded That the prisoner bred the
few seconds after deceased went out Ia the street
after the nrst encounter until he returned
Cross.eXamined by Mr. Stuart-As the time OF the
nrst encounter the prisoner made no denonstra alton
Whatever, but stood perfectly sti; after the first
| shot the prisoner ran from deceased anu deceased
kept chasing him; prisoner Kept continually haolng
TO MIN 10 leave him alone; wnen deceased fred the
tumbier 1t struck . cheese bowl and broke IL 10
wall OF about quarter Of an inch; the tumbler
might have gone within ten or twelve inches OF
prisoners head; the pistol WAS rea Instantly after
| deceased threw the tumpler; Lee mad hloot on mis-
face from the first beatlng he received; nobody
| present when The shot was hred bur deceased and
Arthur McKeon, examined by the District Attor
| ney-Was present at haif Qst eight O'Clock IN the
morning on the 18TH NoS ember IN the Bank COrfee
| House, and saw prisoner aud Kane there; went IN
with friend there, Peter Manon; knew deceased
for several years; when went In prisoner and de-
| ceased were wrangllng the end Of The bar; de.
ceased had hold OF the prisoner by The sleeve and
struck him; deceased SAID, Arthur this leow has
goS plstol want you TO takc 1t from him." my
friend went 10 search prisoner Tor the
pistol and said nc could not feel any; we
tnought TO part them, and my friend
then Deckoned me to 90 out; and when we got 10
the other slde OF rne street he Do that
shot, and we Kane into the street, looking
Kane 1rlng tne tumbfcr at Lee, seeing Lee draw u
pistol; hearing the pistol go of, but seeing Lee
nrc It, witness turned his head to avoid seeing IT,
| heard Kane IAll Immediately.
The defence was then gone into and all the wit
nesses examined tended by their evidence to excu-
pate the prisoner from all blame, and snow thar
! the unfortunate deceased was most TO blame Inc
| whole transaction Evidence was also introduced
| showing that the prisoner was man OF excellent
| character.
1 ACQUuTAL or THE PRISONER
! At three O'Clock Mr.. Stuart summed up the case
for the prisoner and contended TINS was case Of
| justdaDle homicide.
! District Attorney Carvln having followed on be-
| malt OF the people, Recorder Haokett charged the
jury, explaining tho law OF the case To them and
| after about moments consultation tpey returned
| verdict OF not guilty without leaving their seats.
| Francis Reynolds convicted or assault with
| intent 10 do bodily harm TO orlcer Cunningham was
arraigned for sentence when Mr.. Howe read an am.
| ton with strong recommendation 10 mercy By the
jury justified the Recorder In suspendng judgnent.