New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-11
excluded and exceptions

Dornan y. Eaton Of the CITY OF sew d nnHarJ betng
duiv and publicly sworn, pursuant 70 tDe ~ ~ d.
hereto annexed, and examined on .no h"-' "
fendaut doth depose aud say a. iooNs' eoroe court
am a counselor and attorney OF tnS @ ,sst 20
Of the state of York and pracucea rom 1901 10
$50 EFT he Tinted states in the steamer Java, IN
May, 1870 accompanied 10y n1 49,, lie Civ ~ New York
~ Ses,erc len by reason OF impaired health ana
expect return next Autumn rsn h 4' SesSn bust
We o 49, ,rner ana was such while he eontnued IN
u. ~ ~" scfire AZ various times James Kent q
me- pT,avts Henry A. Taller, samuel Novel;, ana
T. Cadwallader have been connected IN Oes ~ NV
me r e railroad from 1854 the Foreclosure
in is59. was counsel 10 the receiver OF that lou 20 t
20 long as continued was eo"nSer nizatiol
Frte Runway Company IRON lie 9feS 4aesa
~ (ls l recOlecO the Autumn 20 oi d lo%1
With thai company they Directors OF the hfle
Company; and hrs think IN lssS ,ns oers and espe
ciay Fisk aud Gould; IN the AuIll ll, VI - eour
sci 10 the Company by those controlling the S9n Pn5
but whose instiganon cannot say, no oe ex
Judge Henry T. Davies appointed receiver OF tic
Erie r. K CO. in November 1863 ACCORDING 20 ny a.
lection. when was with him counsel he Inaue a.
uand OF the President Mr.. Could ana M IN I III d
main office Of the Erie Railway Co., corner ~ t road
Judge Noah Davis present and perhaps otnes,
nv entry through usual door, which the guard
opened on my approach, Is he had long Known ei
Doves produced the order naming him receiver and de-
handed nossesson of the road from the President from
Mr. Fisk and later think. from MI GUS, the oeSIe-
ary; time to examine the papers was requested; Gen
sr conversation followed which unable TO repeats
very soon stay of proceedings the case was produced
and refusal 10 deliver the property succeeded; niue
Leore We had concluded our business Mr. FISK ordered
leave the building and declared tlat sole me- II
renamed concluded the business that requrgu my
presence and with Judges Davies and DAVIS sal
nothing % Mr. Flsk, wa rct4ILu - or shont the
the susquehanna Railroad Company on OF apOut w. Vie
% tbe tr,e Pailway Company IN custody ana 10 brlng
DELINQUENT directors 20 account IN the supreme NO
Inc Mr. Fsk Mr. Could and several other Directors
am not able name; there was crOsssuit ~
Frie Railway COMPANY and myself, Mr. Ramsey, and
others, defendants am not sure VINO were Palnan
incs m MT Ramseys suit; IN the proceedings before
Justice Murray in Delaware County qua Hte dI n
Than make preparations and supervise the giving Oh no
tces during the month of November, 1859, resided at
No Pat Twenty ninthst. III the city OF New fOrE re
sjed I'M tile same place the 18th OF February 1870
the evening Of tDat day had passed at the house OF
II and Ia o'clock; when about 100 feet from my
bonse was struck IN the back Of my neck from behind
and fell and remained for some time nearly senselesS
,tii gi1Ie5 into INV house, lust before l struck
had seen person who rom the step nau noaIu I
beore tie blow believe inflicted IT, the whole tnlng
was so sudden as 70 give subject for detailed nara
son ou lie north side Of Twenty ninthst but am mol
certain OF this confined to my DOuse thereDl
about three months my nervous system was lrOstateu
and my eyesigh greatly impaired; nave suneiea ever
since therefrom though less and less; my Inedlcll az
tendants in NewYork were Dts Geo A Peters anu
was made or instigated; l do not know any otth er
thing OF advantage to the deiehht 9'oAeS'
ia this proceeding
TESTIMONY OF JOHN CRoTToN.
Jobn Crofton was next called He is a surveyor and
architect and testified to measurements OF the star
case and hallway The distance OF the SOFA Where the
nisol was found from the parlor door was 10 feet
inches. he experimental by trying to throw his tape
measure from the door and lodging IT between the back
and seal OF the sofa and found he could not do H.
AFTER THE RECESS.
TESTIMONY OF DIR. HOWARD, RECALLED.
DIR. BENJAMIN Howard was recalled. He
u. 800 la ifV Of New
York; the name Of F. ". Fisher is not in that list
Cross-exauiuation-The work is a record Of all
repptble graduates Of reputable colleges practicng IN
the City OF NewYOrk tie Medical Historical Society is
established with the express purpose Of examining INTO
the records Of medical practitioner there Is no other
published list Of physicians known as the hed4'ai reg
ister Of New-York.
CLOSE OF THE Defense.
NJ Treruaiu-Tuat Is our ease with the exception Of
one witness who does not respond. Go the of1cers-
eau John Rothwen again. No witness OF that name re-
sponded.
The Court-Do you closet
Nj Tremain-We close. then.
The COur.-ti0 on, Mr.. Dstrict-Attorney'
The foIlowin. witnesses called in rebutial;
TESTIMONY OF CHARLES G. HILL.
Mr. Charles c. Hill tgho the first witness called
at the opening Of the case examined as to whether
he saw any pistol the fOor. He stated that he saw
none on the floor OF either in the passage did
NOT see any pistol there that day The witness then
pointed out upon the diagram the relative positions OF
o. Was il snt enough for you TO see distinctly A. II
o. Could YOU have seen pistol n there had been one
On the foori A. I viii say that think could
FIsKs VALET AND INTERPRETER TEsTIFIEs.
George Barvin next called.
District Attoruey-You were in the employ OF Col.
Fsk1 A. Yes, sir. interpreter; lived IN the same
house with bim-not always; was there mostly morn
ngs and evenings was there IN the MORNINGS When
he wa dressing recoeet the day Of tie morning on
which be was wounded; was present when lie dressed
q. Now viii You state to the Court and jury whether
~ Ta1liin-l object On the ground that while under
this charge Of alleged homicide whether alrInatlvely,
Gat 1t was done maciousy) or nesauyey tnat II wa
part OF their DUTY TO show all they could bearing upon
tine killing They have already given evidence IN rela-
ton 10 the pistol they proved something n regard
10 by the valet they produced the clothes, and they
pose that the defense shows different from the
ease the part Of the people, that they are 70 reopen
he Killing was malicious and therefore, they to
give evidence that should exclude every other mode OF
Killing when evidence Is offered as to when FISK dressed
Oh the morning, IL n too remote.
The Court admitted the evidence. Exception.
q. We're you present at the tine he dressed IN the
morning A. Yes
Q. He had 10 pistol in his possession A. No pistol
q. How do you know that 4. Al O'Clock helped
him 10 put his coal on, aud brushed him; lie had no
1obn Marshall M Fisk's valet who was recalled tes-
titled that, that morning he assisted IL dressing Mr.
q State whether at that time he had any pistol upon
his person A. No, sir.
q D.d YOU s,,e him have pistol in his posses
SION a. y pair Of pistols presented 10 him by Mr..
COOney, last June.
MR.. CURTIS, RECALLED.
Mr.. Francis Curtis recalled by the prosecution,
and examined at considerable length 70 whether he
saw pistol the stairway OF the hotel when he went
10 the assistance OF Col Fisk taking of his clothing
OF whether he thought Of looking for pistol when he
saw the Colonel lying PROSTATE at the foot u the stairs
mined ately after shooting but the witness
of MI ri pf