The New York herald., 1871-12-08

crow.S: Mr. Brown called the attention OF Mr.. Irving
ana myself 10 the row, and he said, "Dont mind 4,
II any one was knocked down, as ] was not near
enough to see; IL was an ordinary street ght mere
was much swayng 70 ana no; Mr. irving hurriea nrdsa
up Fourth avenue and stopped at Eighteenth or
Nineteenth street, at liouor store; stopped at MT;
lrvings house that night; did not go to bed nor d
Mr. Irving; had been IN the COmptroler's once
year before last New Years.
q. What did you do tneref A. Nothing.
q, How much did you receive IN the loEip'roAefs
.. You received ST. 500 year in the Comptroller's
office for dong nothlng2 A. Yes.
Q. When did that cease 4. Last New Years.
O. You are out now A. Yes. ,,.
9. Did you make au affidavit at me Comptroieis
olce before you got your pay "A: NO o rasso gase
receipt TO q clerk Ior my pay; never was "'isse"
TESTIMONY OF MARCUS HANLoN.
Marcus Hanon deposed that ne saw % rvile come
mlnrle in the crowd, except to pass through II; saw
Irving going to the carriage; he hurried to IT. ne
ala not participate In the row; II was Impossible lor
him 10 90 so Irving wore light coat that night.
Crosse xamlned-i came to this country from
business; was not charged with forgery; dad not
come TO this country under false name but did
was was nnane 10 come: was interested In the wins.
Key business IN 1857 and 1868 with James irving;
nv dislery was not seized while Mr.. Irving was
Interested with me; was first introduced to him
by learning that he could get ponus or the release
ghegans spoke TO MIN; ne said lie did not want to
talk 10 me then; that he wanted to get away from
the broi that ne dld not want 70 oe mixed "a up WIN
friend was hurt; when Irving was going TO the car
rage the row had not ceased am sure ala not drink
monco 9; at Delmonicos did not talk 70 Bernhard
IL he would be willing 10 do = service for Irving.
cnar"e Of aeaudnS m e REVENUE had BEEN orouat
against him, but that they had been dismissed by
Commissioner Belts, by whom they mad been inves-
TESTIMONY OF PATRICK CUNNINGHAM.
Patrick Cunningham, 60l East sixteenth street.
40 NOyem-
Der ne saw air. James Irving III Geoghegans store;
he remained there but Sanss Few s w,nes and n
lowed him and introduced himself to Mr..
irving, as he had previously known him
| only 10y appearance; Irving told him TO do him a
| favor by getting three or four good men 10 work
for him on election day and ne would pay them
walked 10 the he opposite side Of the Street after era
little further conversation Irving walked down SIX
time stood watching Irving, when the fight COM
menced opposite Geognogan's stoIe; he saw the
Marshal knocked down and struck with some Inn
plement resembling bar. the END OF pistol or the
barrel OF musket; he was present at the whole OF
the ARRAY, and did not see Mr.. irving present after
that; ne believed II he had returned he would have
TESTIMONY OF JACOB BERGER.
Jacob Berger OF 344 First avenue deposei that he
had known the prisoner for about twenty years; on
the night before the last election dd not see the
prisoner; was not In Ge0ghegan's that night but
saw the assault on the Marshal ana left; saw the
Marshal knocked down; did not see Irving there
at all; the man was first knocked down near the
sidewalk. but could not say who committed the
assault; saw the man VINO struck the Marshal; he
was tall. powerful man; saw Bernhard In few
DAYS after the occurrence, and asked him how he
could have seen Irving present and he replied, the
-, he ought 10 be sent to Salt Lake anyhow
bernhard was here produced and he entirely de.
MED this statement OF the witness; DO not belong
to the same political party with MI. Irving ana did
To Mr.. pierrepont- voted for Mir, Houghton
TESTIMONY OF MICHAEL J. COSTELLO
Michael J. Costello gave evidence going to show
that Irving did not participate In the fight; he ad-
mtted on cross examination tnaJ he had been
ami al one time an accusation OF highway robbery
mad been preferred against MIN, but IL was not
prosecuted.
TESTIMONY OF JAMES BROWN.
The witness III have known MI Irving since
with Hogan and Irving, went eleclioneering; we
got q carriage and in our rounds went into Geoghe-
passing away in the carriage we saw the row,
ana remark was made that fight was going on;
Irving said not TO mind IT. and Went on; le dld not
else would have seen III he did not leave US for
any time, and could not have been present al the
fights he wore wDite overcUat On the OCCASION
such as now see him wear.
To MI. Pierrepont-I have never spoken on the
subject since to Irving attend this trial on a
TESTIMONY OF POLICE OFFICER JOHN o'SBuA.
police precinct, testified that the night IN 4ues
ion, about n,ne o'eioek, he was on anty In avenue
approached by man whom he understood 10 be
DEPUTY Marshal Bernhard, wlo told him tnat ne
there when the ARRAY TOOK place; saw crowd beat
ing one man, and witness made rush to rescue
him; he was immediately seized and hed by the
arms; the row cQnlinped the assailent appeared
to to be tail " ySSg and n be seese to
voices call out. "GIye II to him." he could not
Identify any one; has not the young man since,
but thinks he could identity him II he saw him now;
the witness was pnloned tightly, that he was un-
able to render the Deputy Marshal any assistance:
he had known Irving fourteen or hiteen years and
could not be mistaken as 10 his appearances; Irving
was not present at the row; II be was witness would
have seen him.
TO Mr. Perrepont- Was examined before the Mar.
shal and gave the same statement now given; did
all he could TO rescue the Injured man: he lid not
refuse TO go TO his aid and 10 asked him II he
wanted 10 see the man murdered witness did not
reply 10 such remark that neither he nOi the Mar
shal should nave gone among such q crowd.
At this stage OF the proceedings the Court ad-
journed until eleven O'Clock this morning.