The New York herald., 1872-07-09
have asked him to admit that

Objected to and excluded and exception taken.
house had no idea that
| Mr. FISK WOULD MAKE CHARGE AGAINST ME-.
that day had you any idea, knowledge, informa.
tion or suspicion that Fisk would be there or would
come there : A. Not the slightest.
q. When you passed tho Opera House did you sec
| Fisk's carriage theref A. did not.
Q. You had heard he was scks A. Yes.
Q. And supposed he was then sickf A. Yes.
@ Prior to your entering that hotel had you any
knowledge, information or suspicion that he was
going anywhere In his carriage that dayf A. None
@ When you entered the hail to go out had you
any expectation or intention OF meeting Fiskf A.
O. When you came down the stairs had you any
knowledge that Fisk WAS In the hOusef A. No, SIR.
said that before you entered the staircase to pass
out you had stood for some time looking over the
bannisterss A. That testimony was all false, every
O. Did you enter any room in that hotel from the
time you came IN until after the firing except par
O. Did you go crouching and bending along the
hall from the ladies' parlor to that stalrcases A.
mo- when ! went towards the stairs l went the
Q. Did you say before the firing,
~ HAVE GOT YOU NOwf"
A. No sir; never made use OF such words.
Q. Did You speak a word from the time You went
That was the ' only @ word i 81 spoke from RON t the time
went into the hall till the moment was going out,
you to have seen Harte IL he had been standing In
the pace pointed out by him A. Yes
q Could you have failed to see himf A. No.
fIRhp YOUR PISTOL AT FISK
did you intend to kill him A. No.
o. When you called for doctor for Fisk did you
think he was dyingS A. No.
q Did you believe that Fisk's pistol was loaded
A. supposed
IT WAS LOADED,
or he would not have drawn it,
g When they arrested Yen down stairs were you
q. Where did You get that pistolp A. Thought
it In broadway, in July last, next door to Del
@ For what purpose did you buy IT. A. Ihad it
six months.
Mr. Tremalu.L propose to show that by reason
o. threats made by Fisk he bought the pistol.
out to the sidewalk to sec If Fisk was comingf A.
NO, sir.
before you reached the hotela A. did not
Q. DID you see Fsk's carriage in front OF the ho-
tel2 A. did not.
@. Did you have a cane in your hand9 A. Yes;
had light walking stick.
Q. Did you keep that in your hand9 A. / did;
had large pair OF dogskin driving gloves on me
when this occurred; had large riding coat very
conspicuous, made OF Irish freze, some six seven
inches longer than the ordinary coat.
q. Before you met Fisk In that hall had You re-
ceiVeq warming or communication of threats made
by FISK 70 XIII you or 40 you some great inuryS
mitted. A. had.
q. What was the nature OF the threats oommunl-
q. iadyou heard that he made threats against
your life A. Yes; numerous times
Q. What was the last warning you received OF his
threats to kill you previous to the homicide A. l
thlnkit was about the goth Of December.
G Was tns M the first time that you saw him after
A recess was then taken.
After tho Recess.
The Court having reassembled the direct examin-
alton of, Of the prisoner was proceeded with
of this shooting In relation to the character Of the
deceased
The District Attorney-I object to that, sir. /
think 1t Is immaterial.
The Court-After the evidence in the case, sup.
knowledge OF the character Of the deceased. They
can ask that. A. had positive knowledge.
the District object to the question az
the witness to 90 over irrelevant matters
Mr. TremaineDid you know what tho character
OF the deceased wasS A. Yes sir.
TIsk's DISPOSITION AND TEMrER
Mr. Beach suggested that "as to disposition and
temper' must be added to the question TO make 1t
admissible.
Mr.. Tremaln-well as to disposition and tenn
per A. He was very vindietive INSCRIPTIONS,
desperate character OF man, who would stop at
nothing to carry out his oesigns at all hazards.
q. Before You met the deceased on this occasion,
state whether you had been followed by ruflanly
looking persons, whom you believe were sent by
Fisk.
The District Attorney objected, ana the Court ex.
cluded the question.
DISCUSSION BETWEEN COURT AND COUNSEL.
@. State whether you had been followed by per-
sons whom you had been informed had been sent
by Fisk.
Mr. Tremain-What is the ground OF objections
The Court have excluded tt before.
Mr.. Tremain-Yes, because there was no founda-
The Court-fs belief is not good foundation.
Mr. Tremaln-Are not the previous apprehensons
OF the prisoner admssibies
The Uourt-Not unless they are founded on facts.
Q. Had You been followed by persons whom you
Were informed and believed had been sent by
The District Attorney-l submit that that is not
TIE Court-I do not think that will answer;
think you ought to prove il in some other way, or
ask him what he knows :'v, OF ms M own knowledge
@. Had you been informed that Fisk had persons
on your track to attack you and did you see per-
sons pursuing you at different tmess
Tie District Attorney-I object.
The Court--it is the same thing.
q. Had you seen persons following you whom yOu
were informed and believed had been sent by Fisk
to attack you within very short time prior 10 your
meeting the deceased.
|, The Court-The objection to all these duestions
Is that Il has not been shown that Fisk sent them.
Mr.. Tremain-Is 1t not rather tho feeling that
Influenced him at the time OF the meeting rather
tnan the actual fact that we have now to c0nsiderP
are not the apprehens!ons of the prisoner proper
The Court-I do not understand that the rule
admits evidence as to what he had heard In regard
TO persons unless it is shown to have been In some
way connected with Fisk.
UNANSWERED QUESTIONS.
@. Had you been informed short time before
this homicide that YOU were to be treated in the
same way that Eaton had been treatedY
The Coult--ln1Ormed by whomY
Mr. nemain-By third person; who told him
that they had 1t from Fisk
| The Court think the better persons to furnish
| this testimony are the persons who got 1t from
FISK. You ought to put In your best testimony
first.
z. Did you nights and days for long time prior
to this shooting travel In covered carriages from
fear and apprehension that you would he attacked
at the nstigati0n Of Fisk derived from information
communicated to you that Fisk had such persons
upon your track
The District AttOrney-I object.
Mr. McKeop-Put my own case. / was under ap-
prehenson from Fisk, and -
The District AttOrney-We are not trying you.
Mr.. McKeon-Suppose he knew Mr.. Fisk's mode
OF doing business was to get In the background and
to put forward desperate persons who would knock
any one on the head for $500 Or 00o Is that not