The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-14
PERRY'S GREATEST PERIL.
MR. HIFEs's DYING DECLARATION
ADMITTED IN EVIDENCE.

and by his wife and other children shortly
sferwari. AS soon the counsel had all
sppearej, Judge Barnard ordered the list
OF jurors to be called, and all answered TO
their names with the exception OF stephen
c. Tooker. Al this juncture the galleries were
thrown oren to the crowd, which soon filled every
foot OF space.
AtG,O o'clock the missing Juror entered, and the
trihl was preceded with. District Attorney Morris
continued the examination OF the witnesses for the
prosecution but
THg MOST IMPORTANT WITNESS
was Dr. Richard II. Stone, who testified a fol.
lows:
Twas called 10 TO see Hayes at the Fortyseoond Pre-.
he nohns eoud U dSSn Ss SSS oa Kim snd
leanin over Hayes at the tine and he said some
.st sPe ncsf sros.essn,nsd tn. wi,ne.. a. follow.
"a @ woana. ne AZ r,s Ssr
EGnsrally shock to the nervous system. which might
As QUICK As rou CAN WINK.
never rememeer . per.on who did no, cling to hope
iiI' ;sHISss .ss 10. .is WIS. ps sS, Of o
sso nsds ss Ss poss sss ssa s
WOULD NECESSARILY PROVE FATAL
,SSss as :sSp sGuc
wound s to produce indifference TO surrounding
District Attorney Morris asked the witness what
Hayes said 10 the station house. and Mr. Spencer OBJ
o
testimony was not sustained py any rreeedent
Judge Pratt bad ruled out this testimony on two
the wound Hayes received was necessarily mortal
The The -S.nosd % man & wa, laid ten minutes on the hard
ues are that
Evns TIE WILD INDIAN
pf tile prairie would have found buffalo robe for
him to lie on. Hayes must have suffered more there
art.,ni, XIV ~, snp .ne & man; wne IN ,ne ear
vhen he said. Take my number, for fear may
fnn.. 80 , ~ sne PVtt.cen tt w ne ,hs.on
NOV ,bs bs doe,ar va. msg,rs anu n ne d,a , NOT
r. ,..,1s.. ~ w A. , in, DeI"re
sar,,,n,y H. Iii H. ~ ''ou " us' W sno"h ior
KNEW ne WAS IN DrINo CONDITION.
The tes,imonv aia No, shov ,ha, u.xa. h., %.
nnqui.hed his hope Of life The iptroSnet,on Of
that testitnony won,s ha conirsrv ~ ths ro,nroi Al
right which every one po..esse. under ,le cons,ta
S0I; the ar right to be confronted by he witnesses
showa conclus,yeiS ,nst tbs ne,sor mslius @ pe
declaration knew he was dying. When Mr.. Spencer
nao c9nclIded ,, District Attorney Morris arose to
x.. -~,.-.-- -.
and Mr.. Spencer took an % ,,ss0,nn ss InS.. p
rIca nery wen. sir' tne deceased was shot In
nsIne sh Jhrunarny mortal. The posnorfe,n enami-
nation shows that fron the time he received the
Ssssa,ion >, ,r. an, Ueouns 70 aeatn ihere was no
the ro..asson ~ ny ~ We m9,t give him credit Tor
nav have - been s conscious Of The symptoms Of his
sions uhan III ne ey , woaiu ereale. lie was con
Hr rIrrcrrn RI @ ' laarurA,. Me s, 'Iu DEATH.
He got weaker and weaker and got into the station
sSOse' aud was told that he was dying and was coh
Tire examination Of Dr. Stone vn. then oontInues.
As HAYES was wing on the aoor he said ne "a. s..,
ing frUln pa n and anted his position Changed lie
people around Inn wese talking about Perry.
Mr.. Spencer objected to th, testimony, and the
opleciion was sustained.
prosecution closed.
Aner recess. Mr. John q. Bergen opened the case
for the defence. MIR. Bergen said that it seemed to
De We general ileu fnlt every killing OF n human
pelhg was murder. The difference between q humi-
,re, Rtornsy LION. tsot FGi, 0pvs, Prr 'aO Ds
night Of Dee os last Killed Hayes ana aid IL With
prsmeditation the nrisoner rannnt ba s,c,ec ~
mnrder He said In most cases of homJc,ds ,h.r.
l. some motive which causes The sct either revenre
rlunder the heat Of passion or some.sinS siss W.,
q ust dal NV pN''''''' VI 'N''s e'Se' LOU
-u.r pKppy xu,,n u,,vs
With ,.r,odi,a,,or rAHsl u hiILhp ED nAl I'M. ,,
mrl,h preneoi.auon' ia NOW, ask ESu That evidence
new hss csimsd tha, tis c,ss adnts 81 No 49,
but that q murder; 90 you VIII have to acqGit or
SS Per-ywill he monslanybtsT in The Ib,rg dagrse
We md ths, HAYES was sitot' No human being saw
the act committed No one testified that they saw
Edwin Perry iny nearer than Montague street, i've
or SIX hundred ieeb away from tue scene OF the
Tragedy
whether that crime was committed In the heat OF
g,n or mel S N' Tns TU"v e, San pe xmen' no
sayinS Of Hayes One little fact cropped oSs is the
evidence % & Of the pTosecSoP. % You rscolieci that
and the words :MurdeTi lam sSotl stop thai thai
man ~ tbat there were Ave or " neon around and
that one OF them said Perry shot him hut that one
WAS not Hayes. But. gentlemen, don't you see in
whAI conuluon raves was az the utnef HeSlad
nearu TINS remark, and IL was instled into his mind
that Ferry was the man who shot him. We will
produce evidence to show you that there was
.--- -.....
Robbery COMMITTED THAT MoHr
was seen coming from lie directon Of H,rSscH', nun
MsnnH, anu g"ihk .owMu /" Al sureet Jerry; that
rouud Frensb lat. thst two nersons sas his nan
aistinctv and tLat hs had blscL hair ana bsavs
Black w6isker.
,h,, man ~so vss arr.s,.d tor tha IL ,nan, .or..
snA. n w" "ao mroe.ou III Wv iafSeny VI conee
On tnat nlgnt ne was stealing eonee from vessel,
ana Hayess declaration 70 one person was that he
found man stealing coffee, was hred on, and fred
Weauon. AZ ali connect Perry with tLis ransaction
a, rrtns hin 81 rsaras ,,a xon,aan Me- -, ,, h
tn ,.a. -. .e as, W s,toe" wheie
according 10 te testimony OF three witnesses1 20
Ing toward the South ferrY The District Attorney
the former trials, proved the surrender OF Perry
10 the ofhcers OF tho law. lie has fliled to do SO
ps time. We shall prove It as part Of the defence
We slall show that Perry came
w,ru rom o. .n. sr,
4, "a. h,a y, n e UT 49,, ~. ins 1, suN c-. 49,
~ u's nhnu W oene'son ahet Ionce Sour', say,
a.. os ypy ~ naio ~ M :, mlth tnls case;
.Ae W uolNsI NY SUI w. We sinai prove tnht