The New York herald., 1872-07-11

surgery IN the University of Vermont; the name
1 O. pr: Fisher ls not In the List Of the New York
Crosse xami6ed.-Dr. Purdy edits the "yournal Of
ssw Yosk in Ne New ny York city
Is record Of all reputable practitioners from all
reputable colleges; Of course Y is printed from
| manuscript; DIR. Fred. Elliott, DR.. Purdy and
others are engaged In the making up Of the manu-
The defence here announced that they rested
The Court (quickly)-Go on, Mr.. District Attor-
ney.
EVIDENCE IN REBUTTAL
The prosecution at once resumed their case.
Charles G. Hill recalled.
Q. When you met the prisoner in the hall, or at
any time, did you see pistol on the door In the
Mr. TremainmIs that proper, Your Honors
Mr. Beacn.We ask this to contradict the testi-
mOny OF the defendant that he dropped his pistol in
| the hall.
A. did not; did not see pistol on the stairs
| Stokes when he passed me.
g state az near IS you can the location where
objected to, butadmitted afterlengthy arguments
a the corner q the elevator when the
@ Was it light enough in the hall for you to see
g Was there light enough for you to have seen
pistol In front OF room 49, II it had been theres A.
think there was light enough for me to have seen
@ Did you go out by the ladies' entrance at ans
Crossexamined- you know whether the door
OF room 2ls or 22o was open at that timer A. do
| not
FIsK's INTERPRETER
| George Barbin, sworn.
MT: McKeon-vous etes francs.s. n'est-ce pass
Mr.. Beach-Were you in the employ OF Mr.. Fisk
@ Did You live in the same house with nims A.
evenings, when he was dressing; was present on
the 9Th Of January when he was dressing.
Q. Had he any pistol at that timer
Mr.. TremainL object, on the ground that it was
the duty Of the prosecution to have shown this
no tney 20 y fs
cause the defence have shown that the killing was
not malicious and feOnious.
| The COurt-There was no evidence put in on the
part or the prosecution that there was or was not
pistol in MI. Fsk's possession at the time of the
homicide. The defence have shown that Fisk had q
pistol, and the prosecution have right to rebut
that.
FISK HAD NO PISTOL
A. l was present when he dressed In the morn
| ing; know he had no pistol; on this particular
day handed over his coat and his pants and held
the legs and arms so that he could put them on he
had no pistol; at twenty minutes past three in the
afternoon he only changed his coat:
q. Do you recOllect that he had been sick for
9: DID he come in from the Erie ONCE that after
or half an hour after that that he put on Ills Coat
saw him get into the carriage he had the same
coat on after that saw the clothes here In Court
the other day, and they were the same helped
him to put on.
Cross:examined-I am Belgian; Twas inter-
| prefer for the opera people, but l did not come
| here with them; before that had been in the hui
man hair business-nOt for myself, but working at
"a Bond street, when left that employment was
not wen for five or six months; lived part in
Amity street and part In the country-at Scotch
Plains. alone; am married.
q. What capacity were you employed for by Mr..
FiskY A. He had French company here, and, not
sPeafns mr. Ere6oh os ne engaged me- met him at
fifty or sixty people in the company.
| Q. What was your compensatlOn2
| fn M q dad
| q. Was MIR. Fisk running the theatre at that
Objected to ana excluded.
| KNEW MADAME MONTALAND.
9. Dd you know know Madame Montaland A. Yes,
s IN Hfk emp1y Ssen s was in
| Q: What do you call holding his coat and pants
for hms A. THAT was because his valet was not in
| the ROOM 1t was merely pOliteness.
| O. Were you present when the arrangements
were made for employing these people : A. No,
when the people were paid, and such like.
O. Did you interpret between him and Monta-
O. And Silys A. Yes, sir; and Aimee too.
O. Do you know whether Montaland lived near
Excluded as immaterial.
O. Did you dress Fisk anywhere where Monta-
and VA Wasf voA A. No. NO, sir; cross ur us, a. o..
Twenty.thrd streetG A. l did not know Mr.. Fisk
@. How was 1t you saw Mr.. Fisk the morning OF
the shOOtingY A. took him the newspapers; after
the company left for Europe Fisk kept me as CON-
Q. We're you paid for thats A. Yes, sir; / should
not work for nothing.
q. Do you call being companion hard work. A.
Yes, sir; and hard work too sometimes. Laugh
teri.
q. Had you travelled with him in New York; A.
9. Night and days A: Yes, SIR
Q. Every nightY A. Not every night.
q. Knew all his haunts2 A. Yes sir
Q. How many times did he dress during the day9
A. Two or three times day; went to see Fisk
sometimes he would breakfast in his night light SHIRT SHIRT
sometimes breakfasted with him.
THE FATAL DAY.
Q. After breakfast on this day in question what
did you dor A. l left him there.
g Where ed, ala & you 60 to- A. TIC TO Union square,,
for Mr.. Fisk; mean a CRATE to burn coal In the
crate was tor his room in 3l3 West Twentythird
turned in about half an hour; when got back Mr.
Fisk had gone into the onice; went to see him
time during the rest of the morning; at two O'Clock
gentleman came In and gave him an account
wa' om Ro to a three ae wos m
ONCE all the time he left about three O'clock. OK.
| = FISH WANTED TWENTY DOLLARS
O. How many pantalOOns had Fisk A. I never
counted them; 1t was not my business; between
three and twenty minutes past three he sent for
his hand and helped him on with it did not
give him the $40; did not know that he had ST. 500
gave ii to Mr.. Fisk. wv
FARMER AND SECRETARY
e. Wnat Is d1I MI; l., Conner A. He s farmer In
was also private secretary to Mr.. Fisk; he was
farmer at the same time that he was secretary, he
| and his son.
O. How many times day have you had to dress
FiskS A. never had to, sir; have sometimes
sisted him; frequently assisted him.
G. Did you see him put his cloak on in the house
| on the 9th of january A. No, sir; don't know
| whether there are pockets in the cape or not,
though have put 1t on myself.
O. When did you ascertain that he was going out
that dayr A. About twenty minutes or halfpast
three.
FIsK's VALET AGAIN
John Marshall recaIled-I rec0llect the day when
Mr. Fisk was shot, was present when Mr.. Fisk
was dressed on the 9th of January.
| O. Did he have any pistols on his person at that
time A. No. SIR there was no pistol either in his
coat, pants or vest; l was not present when he
went out in the afternoon.