The New York herald., 1871-12-08
jim IRVING G..
Close Of the Testimony FOR
tie Prosecution.
Nd =, L. Il N G II .
An Ex- ra,umany sinecurist on the stand-What
He Got for Doing Nothing.

Yesterday the tr,al OF Jim irving, ex.Memser OF
Assembly ana ex- Alderman, for alleged violent as
saaIt upon Deputy Marshal Dowley, was resumed Ia
ihe United States Circuit Court before Judge Bene
d,ct. AS on the preceding day, the court room was
very mucn crowded. and considerable interest was
manifested In the proceedings.
Mr. Pereponr, Mr.. DAVIS and Nj. Purdy con-
aucied the prosecution on behalf OF the govern
mcpt. Mr.. Fullerton, Mr.. Charles DOnonue ana Mr.
Charles $. Spencer appeared Tor irving who during
The progress OF the trial, occupied scat near MS
counsel.
Attorney General Akcrman came into court wnlie
the case going on and paid his respects 70 JuuGe
Benedict
CRoss-E -ExAaINArIoS OF JOIN =. powLEY, THE
DEPUTY MARSHAL
John f. Dowley was cross.examined by MI. Fui-
ierton. lie saii:-l got the warrant for the arrest
OF Geocnegan from Commissioner Davenport at 80
West Union square;.l do not know what place 1t
was; great many rooms and halls are In the
building.
O. VINO TOLD you TO 80 there9 A. The Marshal
and Commissioner Davenport; saw Mr.. Daven-
port in that building when Went after the warrant;
l saw him In that binding 4 night or two before
got the warrant
Q. Was not the place where you received this
warrant the headquarters of political organiza-
iionY
Objected tn. Question ruled out.
do not know that the warrant passed through
the Marsnal's ONCE before got 1t from the Com
missioner; started from Ludlow Street jail with the
mien. OF arresupg Geognegan; think first spoke
10 o,Bren In the carriage that wanted him TO come
with me 10 make arrest; he understood that
he was TO assist me TO make the arrest; think
we got Titzsmons al avenue about half an hour
before The arrest; did not go with him TO
Geoghegan's; We got man at Jackson Club to go
10 Geoghcgan's, and he took EItzsimons there with
HIM, and saw Filzslmons afterwards Oh the SIDE
walk; at Jackson Club there were not as many per-
there are here now, and there was no drink
ing going on, nothing or the kind; think persons
were standing outside Geogacgan's store when
passed there, besides my own companions; went to
look for a policeman; saw man IN his shirt sleeves
and was told that was GeOghegan.
O. Can You state to the jury If auy ono came out
OI Geoghegan's house after Geoghegan was pointed
out TO you In his shirt sleevess A. stepped up to
Geoghe9an and asked him II he was Mr.. Geoghegan;
there was not crowd; only remember that o. 'Bren,
Bernhard, Geognogan and one other man whose
name do not remember were present; think Lhe
man who addressed me came up from the middle OF
the street, that is the person whom recognized In
court yesterday Nhc prsonerl; he addressed me,
saying, "What Is the mattsr?" do not think thai
ever saw him before since the assault until yester
day; hts features and hts appearance made an ln-
preston upon me; concluded IL was Jim Irving
when he was called oy tnat name; received two
blows one IRON Geoghegan.
z. When Geoshegan struck you were you look
ing at himf A. was turning my head: OF course
could no; then See who was on the other side Of
me.
a. DO you remember into what room You went in
the jackson CLUBS A. went into TWO rooms.
To Mr. PierreIont-When ] made the arrest q
crowd, within . minute or so, came from avenue
Il, think: from The time made the arrest until
hustled TO The opposite side OF the street about
minute elapsed.
THE MEDICAL EVIDENCE RULED OUT
Dr. Michael ). Hogan deposed that on the Thnrs-
day after the ASSAULT on Dowley he saw him at MS
house; Dr. Place also saw MIN.
Al tins point Of the inquiry Mr.. PIERREfoNT said
o pistol. He proposed to prove that the wound on
the back OF Mr.. Dowley's mead was such as might
Dowiey also got stab in The check with knife or
u sword: but he (counscD coua not prove that
Irving had either pistol or q knife In his hand.
Iae JuDcE-Unless you propose 90 connect the
prisoner with the use OF such weapon rs would
have inflicted the wounds cannot admit the testi-
mony
MIR. PIERREroSr-Th Your honor does not think
II necessary TO examine as 10 the nature OF the
wounds 7
The JupGE-No
MI. rIERREPoNr Then we rest, believe. there
IL one witness whom we desire TO examiner but he
has rot yet arrived His name is Collins. We can
examine him, II the Court please, by way OF re.
buitaL
The JuDGE-we viii take a recess now for fifteen
minutes, and In the meantime The witness may
eoGe In.
After the recess,
The JUDGE as2ed-Has the witness arlved'
Mr.. PIERREroST-He has not. We rest our case.
THE DEFENCE.
Mr.. SPENCER Stated the case on behalf OF the
prisoner lie had listened win attention to the
opening OF the distinguished gentleman who had
openei for the government and, in common with
MIN, he regretted hat Judge Davis was not able TO
appear in the case but 1t would not be tho fault OF
Mr. Perrepont II justice were not done TO the gov
ernment He Iegreued inat the honorable gentle
Nnn
Aim Irving and you viii know more Of
him before thls trial closes" They did
know him, but tney knew nothing against his in
te5Ity. He was man of large and noble heart, and
While counsel admitted thai irving nad freely used
blow. Irving had lived ong IN the city Of New FORK;
he had wife anu family, ana he felt that sen.
q sentence OF death. Mr. Irving, IN TINS nour OF
perll, mad friends TO stand by him, and he might
ouI fee or reward, was IN attendance 10 give him
Ills AID. The testimony OF Bernhard and O'Brien
was Iull oI contradictions, wne that Of DOwley was
uncertain from the fact that he had never before
known the man VINO had been charged with assault
pfupHiey or lmproplety OF Issuing a war
ram rant ior an alleged onence year old on
nothing 10 do, nor woud he state anything in refer
snce TO the sending OF that warrant from politi-
cal headquarters for execution; but ihavwould ne
no excuse ior resistance 70 a United States pro.
cess. lie depiored that an outrage had been COM
miited but II was also to De deplored tnat neither
Bernhard nor O'Brien nor Fitzslmons had made
The slightest effort 10 save Dowley from attack. the
neence Would he mat irving was not the person
That struck the sinp,e blow that the Prosecution
alleged he struck Counsel then went on 10 say that
Mr. irving beng candidate for political Office
went Out that evening with some friends, and ater
paylng Tor some drinks for friends at Geognegans,
without drinking himself, went away IL would
be proved tgat 1r. irving was not at the scene OF
the outrage. The policeman would prove tns ami
exculpate the prisoner from Tins charge.
TESTIMONY FOR THE DEFESCE-BtlDESCE OF
EDWARD HAoAS.
Edward Eagan sworn-i reside at AIS East Tween.
nett street; was born IN this city; clerk FOR
my I3tner, who Is house agent; ne collects rents
ana owns property; he has ueen engaged lii tnat
business Tor about Ten years. on the night OF the eta
Di November was with Mr.. Irving at his residence,
ht siA O'Clock, ana remained IN his company unul
seven O'Clock TIE next evening; went around 10
Second avenue with Mr. Irving and Mr.. Brown, got
INTO coach, drove down 10 avenue and Fifteenth
street leaving the coach some distance oil; went
INTO 6eoahcgans ana TOOK drink; we went out IN
q lew AffOr nfncnnlad a q a