New-York tribune., 1870-04-14
THE PERRY MURDER TRIAL.


HAYEs's DYING DECLARATION ADMITTED
The Kings County Court of Oyer and Ter
miner opened at O'Clock yesterday morning, and the
trial Of Edwin Perry for the alleged murder Of Thomas
Hayes was resumed Officer Charles NJ. Granger test
fed that Thomas Hayes the night Of the 2sh
OF December Hayes was lying the floor and witness
examined him; he very weak, and breathed with
difficulty.
Q. Did he say anythingi A. He did Sir.
@. Did you go to Perrys house A. did, Sir.
Mr. Spencer objected to witness showing for what he
to Perry house. The Court allowed the question
and Mr.. Spencer took exception.
Sergeant Lutting of the Fortysecond Precinct de-
scribed condition OF Hayes when he brought to
Stone tS S'siS was sent sr for to @ attend him N
Dr. Richard H. Stone testifed-I attended Hayes at the
station-House; he was dying and told the Sergeant
nothing could be done for the man was leaning over
8 District Attorney Morr-EO|, DoctOf what did Hayes
Mr. Spencer objected, and said the admission Of the
testimony usustaned by any basis OF by any pre-
cedent.
BY Judge Prat-The testimony has already been ruled
out on two occasions. There was no testimony to show
that the wounded with u necessarily mortal
wound. The was laid for ten minutes the hard
floor Of the Station House and the probabilities that
he have suffered there than nywhere else,
and the while in the did not know that he
In dying condition. he had only said, For fear may
die, take my number"
In the Station House the remarks OF the Police officer
not addressed to Hayes and he did not know that
the Doctor was a medical man. Before the testimony
could be admitted, 1t must be shown armativey that
Hayes knew for certainty that he was in dying con-
dtOD. The testimony did not show that the poor unf0r
tunae man who had up to that time camored for doc
to tor had his m hSpe q OF ne Tas N H.
great natural which everybody possesses under the
against him in open Court or that it should be
shown concusyey that the person making the declara
dark shadows of the Angel of Death In the last trial
murder in this roonthe case OF John Howarth-the dec
crime had been committed, and afterward with the CON
sent OF the District Attorney himself verdict Of acqut
dying man must have been mistaken.
District Attorney Morris replied that Mr. Spencer had
ing to address the Court when Judge Barnard said-I
think this evidence must be admitted.
Mr.; Spencer take an exception
Judge Barnard-The deceased was shot in place or
dinarily mortal. The postmortem examination shows
ing to death absolutely There cessation the
time we must give credit for the possession of ordinary
the symptoms OF his and of the effects which they
e iRsS ssg
and weaker and at the House he Is told that he Is
Dr. Stone continued-As he was lying on the floor he
said he was suffering from pain, and wished TO have his
position changed those around him were talking about
objected to, and the objection sustained.
Ohcer Cowen was recalled and testified that Hayes
was lying the floor, he asked his name whether he
sSs R I'D where % he SSi ask a,a him who
liquor hsIy Hayes hS thas efl 5
some description of Perry; he said he was tal man,
AmVtion to strike out the testimony was denied,
Officer Grant was recalled-I asked Hayes II he was
positive that Perry had shot him; he said he was and
that Perry lived IN Furman-st, and kept a junkslop
under the archway near the Walst. Ferry.
Officer Granger recalled-I Hayes In the Station.
house and asked him who shot him he said Ed Perry
Edwin Perry; IL was done In the archway NJ
Harbecks Stores asked him II he knew the man and he
said Yes"
MIR; Colby one Of the propretors Of Harbeck Stores
tesed that the bark Maria az the dock the night
OF the 2sth OF December last she loaded with Coffee
dd not know that any OF II stolen knew that man
was arrested charged with the larceny OF the coffee
Oitcer smith was recalled and testified that on the
hBnt OF Dec 2s Perry wore long dark overcoaf that
on that night the gas In Harbeoks archway was not
hghted he had never seen IL lighted
MI Bartlett another proprietor Of the Harbeck Stores
testified that the gas lighted In the archway be-
tween and o'clock the evening Of Dec 49, did not
see the light after that hour.
The cartridges found In Perry's house were again
offered In evidence by the District Attorney.
Mr. Spencer objected but the Court decided TO admit
them. The prosecution here rested and recess was
taken.
Upon reassemblng. Mr.. John u. Bergen opened tho
for the defense He said it quite important
hat the jury should understand the law well tho
facts People failed 10 distinguish between "a murder,
and the Court would tell them that II the prosecution
failed to satisfy them that Perry took the life Hayes
with premedtaod design 10 take the life OF Hayes or
of some other human being he could not be- convicted OF
murder ia e rst degree. The question OF "notive"
also t0 be taken into consideration and so far there
had boeI uVtnlQ Va tue eYdonco shOW ha. perrY had