The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-26

can't be positive, was 80 excited; that is three
minutes for the outside business three minutes for
them fO0ling inside and outside litter and min
ute IN one way or the other; In the clinch II was
three men 10 one-Douglas, Leary and Coady against
Jackson.
Counsel-Did not You see
DOUGLAS HOLD JACKsoNs ARMS
down while leary beat HIM about the faces A.
moment sir; to the best oi my knowiedge
Douglas had his hands round the waist, but not
touching his hands that can say; can say That
Douglas had the free use OF his arms; did not see
Leary or Cody nit any blows: don't know why
Douglas was holding Jackson round the waist.
Counsel-Where were Cody, Leary and Jackson
when Douglas went for the door,
A. All on the sidewalk; Jackson was In the mid
die; did not notice where Cody ana Leary
were standing; aid not hear Leary or Cody use
any profanc language; when ! got to The saloon
there were about twenty or thirty men there alto
gether; saw no attempt made TO interfere; say
that while Douglas was passing from door to door
the inside jackson was running after HIM on the
outside; could see all that on the ouside through
the doors; was standing, not on the sidewalk but
on little brown stone s-oop Witness here showed
get Douglas away; he was trying to go away all the
time, but couldn't; when tired to get Douglas
away he was inside, and when jackson was follow
Ing MIN halooed TO him so that he could avoid
Jackson; did not interfere on the sidewalk be.
cause thought IL wOald only be a little set-tO; I
didn't think IT would go any further; In the bar
room there were only ono or two people besides
Jackson and Douglas and the bartender but no one
else that remember.
Re-examned-Knew Douglas before he was shot:
he used to be boatman; he might have been en-
ployed as Dill poster, but didn't know 1t; was
sent for to get a wagon TO put Douglas In, and
while was gone The body was taken away by the
policeman.
Re-cross--was not examined before Coroner
FLYNN; II am not mistaken got a notice TO 20 up
there; went, but did not ask the Coroner to be
examined, and he did not ask me.
PETER KILEYS EVIDENCE.
Peter Riley, examned-Am in the express bust
ness: run an express wagon OH my own account; on
saloon about twelve or one O'Clock; my attention
was trst attracted by Mr.. Jackson and Mr.. Douglas
talking pretty loud on the stoop just round In Bat
terry place; do not hear all that was said but some
or It; heard Jackson say TO Douglas that Cody was
q liar and thief; Cody came up and Douglas
said, tom, here's man says you are a liar and q
something OF that sort; Jackson then said,
..iou are liar and thief, You son
said, mo you won't break his nose; Jackson said,
'You son or b--b, what have You got TO say
the pillar; there was then cnch, and Jackson put
ms hand behind his back and Douglas ran and
caught him round tue waist; they We're then sepa-
tried 10 pun them apart told the FISHERMAN that
Jackson was
TOO BIG A MAN
for any one Of the men, and that he had better get
away and let them alone; at last Leary WAS
got away round the corner, and then the
next thing saw was Mr.. Douglas standing In the
barrOOm at the Battery place door. Witness then
proceeded TO give the same account Of the incidents
Of the shooting as the last two witnesses, and
continued:-l should think these things took about
five minutes; after the shooung. while was stand
Ing on the stoop, Jackson came up to me and said,
putting his fist up to my face, with pistol In his
other hand, "YOu son or a b-h, you come and lick
me;n MtShine interfered, and SAID had nothing to
Cross.examined--I came up West street on the
side the houses are onthe same side rs the saloon
10 the scene OF this affair; Cody came down as II
from Green wlch street; am as certain OF that Of
anything else have sworn to this day.
z. AT the Coroner's jury you signed an AFFIDAVIT
that Cody came up West streets do you remember
thats A. i did not swear to that ut the Coroner's
jury; did not notice Leary with Jackson and Doug
las till he spoke; did not hear Jackson say that
Cody had said that Jackson had taken money to
turn OUT with
JOHN rox's MusKErEERs.
do not know Jackson said Cody was liar ard u
thief, because he had said that; am certain that
Douglas said, as Cody came up, "Here comes the
man nOw;'' nave seen Cody here to-day; l think
hay I h ~ So sf lo ue
had no private conversation with him; this was q
month or more ago; told the same story In the
District Attorneys Office as have told here now;
never talked over this story with Mr., Spencer and
don't remember his ever having been present
when did talk It over; after Jackson struck Leary,
Jackson backed down on the sidewalk, and put his
hand behind him; Douglas held him round the
waist; ne did not hold his arms; Leary took hold OF
Jackson by the neck; all three men were together.
Q. Did you know Jackson was an oficer at that
tme-would you think 1t strange II an officer in uni
form. attacked by two men In that manner, should
Cody have his hands on Jackson.
Q. Did you hear this little expressman WALL say
"Give i to the big son OF bnhY A. Somebody said
JACKSON COULD HAVE WHIPPED
he could S whip two or taree Of tnem '1 SAW
McShine interfere to separate them; at the
time Douglas went into the barroom there was
I aid not notice M. Wall there; when
Douglas rushed at Jackson he only did so because
being asked; Leary struck jackson somew here about
the he ad; could not say where; did see Leary
hands; did not hear any conversation; 1 did not
hear Douglas say, "Here is the son Of BIB let's
go for him now;n Jackson seemed very much ex
cited from the start to the end; he appeared to be
under the influence Of liquor; when ne came up TO
me he said. ''You son OF b--h, you lick
m not sav, These sons ' Of b. s want o TO
XIII mel that heard Of; when Jackson came out he
struck Coady.
and the liquor store when the shot was fred may
be three four teer from the store door; look
Ing through the sas n, widow ana then saw Jack.
Douglas fall, and then saw the blood oozlng out OF
his head.
Recross-I may have been arrested Tor lighting
once or twice.
O. You profess
TO 'sBY soME'
don't yOup A. No. sir; L attend 10 my business; /
don't pretend to be n fighter; was arrested about
three months ago, and once before, year more
ago.
recollect the occurrence we Investigating the
goth Of October on crossing Washington street from
by, l think, Douglas; he said to me. ''rom hear
thus morning that You are a thief anu a
sucker;'' jackson remarked, Eyes, ! said SO,
and can prove it;'' said to Jackson, "rom, you
ought to be ashamed Of YOURSELF then said 'The
man that said SO or says 50 is dd liar;' Jackson
said "rl break your nose for you;" said '.Tom, I
don'twant to light with you, for too old to fight
you:' Leary said, ''No you won't break his nose;n
Jackson then struck him; Jackson backed down ana
put his hand to his hip; Douglas closed with him.
after that ne struck me second and third
time; think 1t was the second time when Douglas
had hold OF me, but on the third occasion he had %
pistol in one hand while he struck me: never
struck Jackson; saw Douglas ON the inside OF the
closed door and Jackson going towards the door in
Battery place, the one nearest the river Douglas
was shot 81 the other door; saw
jackson then going towards washington
street door outside the store; did not
notice whether he had pistol ornot; saw Jackson
go in on the Battery place side; heard the report
OF the pistol; did not think any was shot, but
people said So and went in and saw Douglas living
there at the other side: did notice the wound in
the back OF the head till some time afterwards:
went after The doctor; when Douglas took hold of
Jackson | did not see him strike him: can't say
whether I saw Jackson after he came out of the