The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-28

first notified Of 1t by the Deputy Sheriff OF Albany
q. Who FIRST inquired OF you what you knew OF
this BUSINESS A. The District Attorney, alter
was subpHnaed.
Q. Where was this A. In the District Attorneys
Q. Was that the nrst time you saw the District
Q. And was that the first time you communicated
TO any one what you knew Of the snair A. Yes, In
Q. When did any person nrst know that you were
to be subpenaed as q witness In this trialf A.
can't sayi Itelegraphed to my wife on the Saturday
the word colonel" or merely Fisk was shot. and
that might not return that evening; and that Is
the way It might have been that was since sub
pGnaed-but that don't know.
Q. How did the contents OF that telegram become
Known A. That don't know.
not 60 home that EVENING" A. I had no interest at
al; In fact, ! did not stay In New York that
CHANGED MY MIND
and went h0me arriving there even before my tee-
gram llauqhter) had made up my mind to
walt tiil Monday or Tuesday, but a. stated, went
@ Did you telegraph that there was matter to
detain you in the fact OF Fisk's death' A. Well,
yes, SO far as saying that he had been shot.
O. What interest had you In his death A. None
whatever; did not say was delayed on that
O. Repeat now, a. near as you can recollect,
what you said in that telegram A think the
telegram was like this
Colonel Fisk has been shot,"
@ Did your wife know Mr.. Fiskf A. No, sir.
O. Did you know him9 A. No, sir; except to have
seen him when he was pointed out to me; was not
here when the inquest was held; was not again in
New York till month or six weeks afterwards;
did not communicate to any one what knew of the
shooting when came back here; did not tell
single human being OF 1t; neither Mr. Crockett. Of
the Grand Central Hotel, Mr. Parsons, or any one
belonging to the hotel.
Q. Did any one from Mr.. Beach's ONCE come to
you TO ascertain what yon knew It, A. No, sir.
q. How did any one connected with the prOsecu-
ton discover that you knew anything about 1t,
them a. ] cannot explain nearer than l have
Q. Why did you not tell Mr.. Crockett that night,
when IT was all fresh on your mind A. thought
Q. why2 A. Why because did not want to be
detained here as witness.
Q. You had cause to know that
HOMICIDE HAD BEEN COMMITTED,
almost before your eyes and yet you did not think
your knowledge q #. How Is that, 4. / thought
z. What evidence A. don't know.
d. Then why did you say there would be evidence
enough. A. merely made the remark.
COUNSEL AGAIN LOSES TEMPER.
@. DO you recollect looming up'' to Mr.. Ire
maine, counsel for stokes-l use the words 'com-
answer you met Mr.. Tremaih, whom know, in
the the hotel, and ! walked up to him and spoke TO
q. DO You recoiIect Mr.. Tremain asking you
what you knew OF the matter A. Yes; Mr.. Ire
what knew OF the
SHOOTING OF COLONEL FISK;
replied that had; that thought 1t was not
proper or right for me to do 50; that had been
subpnnaed, and that ought not to say ANYTHING
about 1t except in the presence OF oil the counsel.
q. Then what right had you to tell 1t to tue Dis
trict Attorney alOnef A. Because he had subp9naed
me; learned for the nrst time yesterday that Mr.
Tremain was counsel for the prisoner.
Here followed o number OF
UNIMPORTANT QUESTIONS,
which witness freely answered, but which tried the
patience OF the Court jury and the crowded court
ROOM When asked
q. Did the District Attorney tell you that you
ness answered-There WASH q word about that;
he hasn't daughters. have paid all my own ex-
q. Did you know Colonel FiskP A. / have met
him here never had any conversation with him;
met him several times. Once was at
THE OPERA HOUSE
in this city, and friend OF mine-Mr. Connolly,
another lumber man from our place-had some
with him. and he pointed out Mr. Fisk to me, and
said, Is that himY and he said yes and looked at
him. and my friend said III you wish Il win give
had no business with him, and didn't want it.
MRS. FISK AFFECTED.
this part of the testimony Mrs. Fisk appeared
greatly affected. The "reminiscences OF the scene in
when she herself saw him occupy the selEsame
seat-when q long life, with wealth and power, ap-
f- - ''1 TESTIMONY mon RESUMED.
g Can you explain Why you so did not tell any one
OF your knowledge OF the shooting IN the Grand
Central Hotel : A. Yes, can; as | said before, /
did not want to be detained as witness; that Is
the only reason; did not speak Of what knew In
the case to any human being in this city.
Q. How then, can you conceive that you are sum-
moned as q witnesss A. don't know.
Q. Dn you communicate what you knew Of the
think to my partners In business at home.
O. What did you tell them-the story as you told
1t hereY A. No; not all OF 1t.
2. At the end OF the scene did you see that
officer there.Captain Byrnes standing up)i A.
can't say; think the officer that saw was taller
Q. Did you tell that offlcer what you had seen OF
the AFFAIR." A. No; ! merely said, supposing that
door, that 1t would BIO better to take him up stairs
o. What did you mean by thats A. why, that they
might be sure that they had the right man; Mr..
Q. How did you know that Fisk was not deads
Q. What was your object in desiring him to be
brought up for recognitiOn2 A. AS said before,
that II he was the man that Mr. Fisk might recog-
nize him; thought that was the right time to find
1t out.
Q. Find 1t out by whom A. why, by Mr.. Fisk
q. Then you were not certain that the man you
had seen in the hall and afterwards brought back
and in the hands OF policeman was the man that
did the shootings A. No. was not certain.
q. Then you were not sure that this person was
the man you saw make q motion with his handp A.
was sure OF that-that he was the man had seen
standing at the stairs and make motion with his
hand.
O. why did you not communicate that fact to the
ofiicerf A. didn't see them again after they went
up stairs after that had no opportunity to see or
speak to the officers; heard that he had been
taken up stairs to be confronted with Colonel Fisk;
merely said In the first instance 1t would be well
to take him up stairs for recognition; had oppor-
tunities to tell the people Of the house all knew OF
the affair II had been disposed; did not leave the
hotel till about ten O'Clock that night.
Another series OF
IRRELEVANT QUESTIONS
were put to the witness touching supposed candi-
dacy for office for which he was never candidate,
and which called for objection on the part OF the
District Attorney and sustained by the Court,
prisoners counsel eventually admitting that,
through q misunderstanding OF his, the questions
were not applicable to the witness.
THE HERALD IN COURT.
@. Point ont your position In the hallway as COM
pared with that OF the man whom you saw at the
head OF the stairs make q motion with his hand.
The witness stood up and was about complying
with the desire OF counsel when the latter observed
he would prefer a smaller pointer for the purpose
OF description than the HERALD, which witness was
using at the moment. cane was then handed
Witness and he went over the same ground OF loca-
ton on the diagram as he had done BEFORE
O. Can you describe the motion made by the man
you saw ut the moment previous to the firing OF