The New York herald., 1872-07-09
ynsaoor before you hred : A. II was immediately
Instantly-s0 It seemed to me.
THE SHOTS.
n uovv unav war tine ahoto t00ethare

q. were tOIetuoIy
The witness hesitated.
o. Were they instantaneous A. Quickly No,
afr. Here the witness twice clapped his haads to
express the interval between the shots, which,
according to htm, would be from three to i've
q. Was any word spoken or anything said by
Fisk before You fred A. No, SIR.
=. Was anything said by you,, except what you
have Just statedf A. Not word.
Y. Was any motion made by you except to draw
fEaa f%adRe. Rs'0' anu Nis' a. in"' was 'A0 '1'' A''
q You say you had gloves on, had Fisk gloves
on2 A. do not remember.
O. WHO was the first man you spoke 70 after tms
thing was doneG A. Mr.. Hill, the gentleman who
@ Where did you see him : A. saw him in the
hallway after had got TO the head 81 tns Sars
@ wisc lne sre fs elevator W ' S
O. DO YOU remember the words he addressed to
yon or you TO him. -; A. lie u made the G expression,
"What is the matter ~ or Nv nat Is up 7" or some
O. Did you answer him' A. said there was
man shot and pointed, and was going on speaking
O. Did you SEE anybody else about thcreY A. A
mar IN hls shirt sleeves he ala not stop but ran
frenchInan; he cried out some expression, "For
Gods sake, what Is the matterf" or something like
that; told him there was man shot aud would
NJ get doctor, and he ran OF after the rest Of
them.
@ What nexta A. do not recollect anything
Q. Do you recoect remark being made, Sand
that Is the man that shot him" up stairs or down
O. DO you remember sitting down on a sofa at
thc bottom Of the stairs A. have a recollection
VI sitting down somewhere, but do not recollect
whether It was at the foot OF the stairs or not.
'ARREsTED" OR ''sTOPPEO.n
took place a nut You sot down stairs A. Yes sr
OF everything that happened until was (here the
prisoner hesitated for word stopped.
ther hands on me.
O. Taken into custody, in charge-any word you
Ike ? A. Yes sir; was considerably bewdered; (;
there may have been other things than those have
stated, but do not recolect them.
O. You say Fisk came in through the inside
door; how far did he get up the stairs when you
fired the first shot A. When the firing took
place he was standing on the platorm-the first
FISK COMING WITH RUSH.
@ You spoke OF his coming up the stairs quick
with a rush it was not second 1t seemed to me ;
as soon as he got on the platform he pulled his
pistol ont.
q. Did he fire at all2 A. do not think he did ;
Iwould not swear whether he fired his pistol or
not; II no did at that time 1t was not pointed at
me; 1t did not come near me.
Q. ask you whether he fired at am A. (hesi
tatlngly) would not like to swear that his pistol
q. And as understand you, he had his hands at
that time together, as II cooking pistoH A. Yes,
O. Was that the motion he was making when you
AN IMPORTANT POINT
O. Were both shots fred while he was in that
poaition9 A. | nm not positive whether his hands
were in that position or not, when the second
shot was fred
Q. TO the best Of your recollection, they were ?
A. His arms were not thrown up.
O. They remained in this position when the
second shot was fired A. | cannot exactly say;
my impression was that he still grasped the pistol
he did not retreat.
Q. He did not throw up his armss A. No. sir.
q. Or point towards your A. No, sir.
The Cou,t-Dd not he lean on the railing after
The District Attorney-Did he after the second
Q. State also whether he fell. sank down, sided
down or fell down on the platform Of the stairs?
Q. Was that Immediately after the first shot or
the second shot9 A. The second shot.
until saW him in the S roomY That was l the He
last thing that saw; know he did not tumble
down or slide down; he sat down.
G. But he remained stationary on the platformP
Yes, sir; when he was shot he halloed out, II am
MEANT TO DO 1T.
Q. You intended to shoot at this timer A. When
Ipulled the pistol Out-yes, sir.
Q. And you did shootY 4. Yes, sir.
Q. Andy knew your pistol was loaded? A. Yes,
Q. How lately had you loaded it9 A. had not
loaded 1t since the time bought it.
@. And had 1t not been discharged since that
timer A. 1t had not been discharged at all.
Q. 1t remained undischarged for six monthsp A..
It was loaded the six months and had never been
Q. At the time you fred these shots did you in
tend to hit Fisks A. Yes, sir.
u.
bullet In 1t A. Four balls.
Q. And you discharged two Of themY A. Yes, sir.
WHY STOKES LoATED IN THE CORRIDOR.
Q. What were you loafng about the corridor for
when you found that you did not know the lady ?
A. was merely walking up and down; that lady
directly out as though had annoyed her, so just
sanntered around for a moment or two
Q. You walked down to the south end OF the hall
and then to the dining room and then returned and
came TO the head OF the stairs? A. Yes, sir.
Re-direct-Did youput your arms on the bansters
when you fired A. Yes, on the left hand side;
was going down on the right side; when Mr. Fisk
was coming up he was on line with me, on the
same side as was; passed to the other side; !
thought If he shot on the same line as | was he'd
better chance, and got on the other side; at the
time fred had my lett arm on the banisters.
BY the COurt2-When you fired did you stand In
the entry. A. was no where near the entry; l
was FIVE or six steps down.
BY the District Attorney-Something occurred,
you said on Washlngton's Birthday; what year was
II? A. February %, 1870.
q. Was that the occasion you met at dinner. A.
Yes sir; nearly two years ago.
MRS. MANsFIELDs TESTIMONY.
MI. Townsend called Mrs. Mansfield, who was Sit
ting with her cousin, Mrs. Williams, and her mother,
in the audience, behind the reporters table and to
the right OF the Court.
Examined by Mr.. Townsend
q. Mrs. Mansfield, where 40 you reside A. At
e59 West Twenty-third street
Q. Where did you reside on the 9th OF January
last A. In the same place.
q. You were acquainted with James Fisk and
Also with the prisoner A. Yes sir.
Q: How Inas, long have you known James Fisk
As SluCc NONcuDcIs lcof.
Q. How long have you been acquainted with the
prisoner A. Since November, 1869.
z. On the 9Th of January, of last year, were you
engaged in any proceedings in the Police CourtY A.
Yes Sir.
Q. What proceedngs2 A. A libel suit.
q. Against James Fisk9 A. Yes, sir.
Q. You were the paintifp A. Yes.
Q. Were you there on the 9th of Januaryf A.
Yes
@. Was Colonel Fisk there9 A. No.
Q. Was the prisoner there9 A. Yes.
q. What was the state of your healthS A. was
very III.
q. Did you remain through the proceedingsG A.
Ibid.
q. AT what time did you leave the courtp A. l
think about two O'Clock.
Q. In company OF whom ? A. My cousin.
q. From there where did you go A. stopped
at the market in twenty third street and then went
home.
O. When prior TO that time had you seen Mr..
Fisk A. The last time was three weeks before
that
q. Where did Won then see him ? A. AT nv own