The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-04-14

Third Days Proceedings-Judge Barnard Al.
mits the Murdered watchman's Dying Do.
claration in Evidence Further Evidence
for the Prosecution-Ths Testimony
for the Dsfonce-The Case Closed ON
Both Sides--The Summing Up
to Take Place To-Day.

to Take Place To-Day.
Edwin perry's third trial for the murder of Thomas
Hayes, q night watchman ct HarbecK's stores, Fur
man street. Brooklyn, was continued In the Kings
County Court OF Oyer and Terminer yesterday morn
Ing. The court ON Tuesday adjourned until ntns
O'Clock yesterday morning; but 1t was nearly ten
O'Clock before the proceedings were opened the de-
lay being occast0ned by the absence OF one OF the
jurors. The court room was crowded with speota-
tors, rs upon the two previous days, and an In
creased interest manifested In the proceedings.
TESTIMONY.
The first witness called by District Attorney Morris
was officer Granger who was In the York street
station house when Hayes was brought in.
Q. Did he say anytning2 Don't stare what he said.
A. lie did, SIR lac was very weak, ana breathcd witn
difficulty. Witness further stated that he was sent
TO Perry's house, but did not lind him there.
Officer Jones Grant assisted IN removing Hayes TO
the hospital On the way, there ne complained OF
pam and requested the witness several times to
change his position in the carriage. On the cross
examination the officer SAID that ne did not near
Hayes ask FOR DOCTOR
Dr. Richard stone, who attended Hayes at the sta
ton house was next called and was subjected to a
rigid oss-examnatlon BY Mr.. Spencer as to tho
effect and perils OF gunshot wound 1t was during
the examination OF this witness that the Old question
OF admitting as dying declaration Hayes state
mont that Perry was the person who shot him arose
upon an inquiry by District Attorney Morris as TO
what Hayes said in the station house. e
Mir. Spencer objected and argued at some length
that there had been foundation laid In p0iut OF
law Tor the admission oil dying declaration. la
argued that Ia order to warrant the admission OF
SUCH "a declaration 1t must he aiIrmativeIy prov ca
tnat the wounded man mad given up all 1ope.
HAYES DYING DECLARATION ADMITTED IN EVE
DENCE.
District Attorney Morris was about to reply whom
Judge Barnard said he would admit the testi
mony Tie deceased ms Honor SAID, was shOt ia
place ordinarily fatal. che post mortcm exanlna.
ton shows rhaI at The time he received the wound
he was bleeding to death absolutely. There was
no cessation OF any time. We must give him credit
at least for ordinary intelligence. lie must have
oeen conscious Of the 81 mptons OF his and the
effects which they would create. lie was conscious.
he went INTO h tha tp a ia be-
taken down and his name, III case he should dle Dc
lore he got to the end OF his Journey. Ae gets
weaker and weaker, and In the station house he Ii
told mat he is dying. IL Is mentioned that ne II
dying in his presence, and he assents 20 IT.
nlr, Spencer objected. Exception noted.
Dr. Stone was tnen questioned az to what Hayes
said, but all he appeared TO know was that somo
plm say .furman street," witness also heard
Herry's name mentioned.
Officer CorvIn testified in relation to what Hayes
gaid;--I asked MN ms name aud he said his nano
was as sssd ann wer re Was
was and said II was No. 252 North second street:
asked him WHO shot HIM ana he said ..Ed Perry"
he tnen said Perry lived in Furinan street over Gal
WINS liquor store. but we wOaid be likely 10 ma
him near the Wall street ferry, as he vas around
coRIoBoHArIvE TESTIMONY.
OiIicers Campbell AID Granger also swore that
Hayes stated that Perry was the person VINO had
John i. Kersan who assisted Hayes ont Of the oar
at Fulton ferry, swore that he told him That Perry
was the man; witness asked him IL ne was sure
when he replied in the airmatve aid ADDED, II
was talking with him AZ the Tine"
Perry stealing from lighter at the wharf; that ne
pursued him through the arcil, When Perry nred at
INN aud ne returned the shot.
John Brown saw Perry coming up from the Wali
street ferry about minute aud natl a'ter the pis.
| toll shol Perry appeared 10 he drank, and went
,,nawaras the south Jerry with Andrew moore: n
take eight ten t0 so from Roberts, stores
along the DOCK sealing the fences, to Wall street
Terry, and that, Ia his OPINION drunken man could
not DO II.
Mr. Colby was called, and testified that took MIN
three minutes to from Halbecks stores along tue
docks the gates being OPEN TO Lae Wall street ferry
The cross-eXamlnation developed the lact that wit
ness knew Of the arrest OF party on the charge or
hecks Stores. On che redirect he stated that there
was some logwood piled up up at the fence OF Rob-
erts' stores on the night OF The murder.
Mr.. BARTLETT one OF the proprletors OF Harbcck's
stores, swore emphatcally that between hafpast
did not know whether there was light there after
O'Clock. In response TO inquiries OF MIR. Spen.
Ger the witness stated tnas there was man about
build under arrest on the charge OF having stolen
coffee from the bark Mara at harbeck's stores.
the night OF tile murder. The discharged.
The cartridges found IN Perrys house were offered
BY Mr.. Morris, whereupon Mr. spencer objected.
Judge Barnard overruled the objection. Exception
noted.
The prosecution here rested.
THE DEF ENCg.
Mr. John II. Bergen opened the case for the de-
| fence claiming that there had been evidence
| troduced to connect Perry with the commission OF
tho murder but that the man who been arrested
for stealing the coffee had motive TO commit the
CRIME and would be identified as the one seen ON
The first witness was Officer Andre OF the Jefer-
| son Market Police Court, New YORK. who testified
| that Oh the morning after the murder Perry surren
dered himself to Justice Dodge there
jeremiah Young also heard the pistol shot, and
saw a tall, dark-complexloned man, wearing long
| coat ana round hal, pass down Furman street to-
wards Wan street ferry. On the cross examination
York IA friend OF the prisoner had given him some
| money and paid his board since tho last trial.
George Osborne was at Roberts stores on the even
| heard pistol shot while going through the arcil
| way to Furman street. He stopped at the mouth OF
| the arcbway for minute or TWO, and saw g man
coming on dog.trot from the direction OF the Ful-
| ton ferry; the man was tall and dark-complexioned,
| with dark chin WHISPERS ana wore u long coat ana
round top nat; Witness was positive that the man
| was not Perry.
animation by District Attorney Morris IN reference
to his intimacy with Churchill, from whom ne mad
| received money
john p. Robinson, night watchman at Pierrepont
stores, heard the pistol shot while IN front OF the
stores and afterwards returned to the docks and
body else the fence was about thirteen feet high,
ana there was l09w0od piled against It, so thar It
would be very difficult I0r even q sober man to gvS
| over.
Michael Green never noticed any light In Iiarbecxs
arcllway
Ed. Kinney saw Perry intoxicated near Fulton
| Market at about hafpast five 0oiock on the after
! noon OF December IS, the day Of the murder; w.t.
| ness put him on boat
| Mr.. Russell yesterday visited TIarbock's stores.
| and ran along the dock to Wall street ferry tito
route which the prosecution claim Perry pursued
after the murdeH IN eight ntnute5 aud soma
| seconds.
TUE CASE CLOSED.
The defence here rested aud the court them %
half past three O'clock adjourned until O'Clock
! this morning when MI. spencer viii commence u
sum up
An INSANE MURDERESs.