The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-27
THE SMITH SHOOTING AFFRAY.



for Trial and Committed to the Tombs.
During the Investigation before Coroner schir-
mer yesterday afternoon into the circumstances
attending the fatal shooting Of James Smith. the
youth late of $40 Rivington street, last Sunday
evening, by Nicholas White, rum shop keeper cor
ner OF Lewis and Rivingt0n streets, the court
was crowded to excess with gang of roughs from
the Eleventh and Thirteenth wards, who watched
the proceedings with much interest. The testi-
mony as to the shooting by'Whte was clear and
conclusive, and even the prisoners counsel,
Messrs. Howe & Hummel, did not pretend to deny
that their client shot Smith. The counsel how
ever, claim that they have good defence, which
will 60 far towards relieving White from his I'M
pleasant predicament. The evidence was BRIEF
and we append u synopis; likewise the verdict or
the jury
Peter Kelly, of IA Broome street, deposed that
about nine O'Clock on the evening OF the 2lst day
OF July he and James Smith were walking along
Lewis street, and on reaching Whites corner
smith, who was partially intoxicated, commenced
dancing ana White ordered him away; Smith and
White had some angry words and the witness took
Sm l., nome put ne returned to Whites place and
home again. but he returned to Whites the
third time, followed by the witness; saw White
come nom around Lewis street and shove or strike
deceased; the latter struck back, when White
pulled out a pistol and shot deceased; could not
see the pistol, but saw the flash Smith exclaimed,
'l'm shot;' the police came and took deceased
away; notified Smiths relatives that he had been
shot.
John Miller OF 90 Lewis street, was passing the
corner OF Lewis and Rivlngton streets on sunday
evening last saw the previous witness and Smith;
satd 1--WE have as many pistols as he has,
and can shoot as ~ at that time Mr.. White
appeared and drove the boys away who had
gathered around; White told Smith to clear away,
and they had some angry words; saw flash OF fire
from the direction OF White towards Smith, and
heard the report OF pistol; Smith exclaimed,
"Whlte, you have shot me, !" to which White replied,
'Smith, you thief, go nome; - White was arrested.
William N. Brown, an officer of the Thirteenth
crowd on the corner ofLewis and Rvington streets,
and on nearing the spot Jaw White fire pistol at
smith. VINO cried out, "Oh, I'm shot; :" saw White
pass the pistol to a man standing near who threw
u in the gutter; boy picked up the pistol and
handed 1t to the witness; arrested White and took
him to the station house. wv
Thomas Whelan, q barkeeper for White, testified
and asked for White and said he would shoot the
son OF b-h before he went away.
wooster Beach, M. D., who made post-mOrtem
examination on the body, testified that hemOr-
rhage from pistol shot wound Of the abdomen was
the cause Of death.
The jury rendered the following
VERDICT
That James Smith came to his death by
hemorrhage from pistol shot wound Of the abdO-
men at the hands OF Nicholas White, corner OF Riv
lngton and Lewis streets, on the 21st day Of July
1872
White, who is forty years OF age, born in Ireland
and keeps rum shop, In his examination said he
had perfect defence, but declined to say anything
further, by advice OF his counsel
White was sent to the TOmbS to await his trial.
An application will be made to release him on bail.