The New York herald., 1872-12-24

OF Detention; Inever said to him, THE ball which
was found won't ut Fisk's pisto;" never said to
Detention, or to q man named Talby. who was also
detained as witness, u win never have to do
stroke OF work after this"
The Court then took recess.
AFTER RECESS.
Ihe witness Patrick Hart, again stated, In reply
to Mr. Tremain, that he alone helped Fisk up stairs,
and he does not agree with the other witnesses,
who swore that they helped him up; but at the top
meu got around; Mr. Fisk was at the lowest step
OF the private stairs
THOMAS HART,
another dOorman, was then sworn. He described
the shooting as ON the last trial. the witness being
at the head OF the stairs and told how Fisk on re.
ceiving the second shot, cried out
ION OH! DONTp
upon Stokes remarking to him that 80 man had
replied. sYes, and you are the man that shot him :;
Witness pointed out on the diagram representing
that portion o. the hall in which the tragedy oc.
CURED the position OF the various actors; he also
said that when Stokes was arrested some one asked
who had been shot, whereupon the prisoner re-
piled that he did not know-that he had just come
cRoss-RxAMrNAr1oN
on cross-examination by Mr.. Tremain witness
SsS Ss to, t. himself 50 that ns might make IL
trial, however, he had not followed that practice.
Mr.. Tremain naked him to repeat the story once
what he had already stated on his direct examina-
ton; witness was positive that when before the
coroner ne swOre to stokes having when arrested
stated that he knew nothing about the shooting,
and that he heard MIN "mumbe something;, the
reason witness did not catch Stokes was because
swearing before the Coroner that he made an
s'o1er" to catch Stokes, but couldn't because
Sens so m TOO or 20
In reply to further questions Thomas Hart swore
that he never spoke word to James Brennan IN
the House OF Detention about the homicide; never
told Brennan that he saw nothing OF what took
place. but that he was told he would get 81 600 for
that when he sworo before the Coroner he made
every one believe him Brennan did not say, take
care care Or they WIN catch you up and ssnd A YOU Ito to
didn't care, as he had some OF the biggest people
In New York to back him." does not remember
ought to be ashamed to swear against man when
he knew nothing about It," and he aid not reply to
life and he had some Of the biggest people in tho
city to back HIM "did not tell the boy Redmond In
the presence OF Gill; that he should swear that he
or words to that efrect; did not say q word
TO any ot the other boys IN the House Of Detsn-
THE MORSE FAMILY.
Mr.. Tremain-Did Mr.. Fisk commence his visits
to the Grand Central when the Morse family came
Mr. Beach, object.
Judge B0ardman-Why9
Mr.. Beach-On the ground that 1t Is mmateral
JudgeI think 1t is material to Ok the time Of his
Witness (rhomas Hart) He began to visit there
when the MOrses camc.
@. What did that family consist or
Objected to and objection Overruled
A. The mother. two daughters and son.
Q. Did you tell Jenny Turner, private servant to
time for letting him I'M A. lie never gave me q
cent.
@. How was Stokes standing when at the head Of
the stairs A.. His right hand resting on the
bannistcr as he fired.
TESTIMONY OF JOHN r. REDMOND.
The next witness was Redmond another hall
boy, who swOre ne was standing on ladder clean
ing the glass door and saw Mr. Stokes 90 up stairs;
then Mr. Fisk came in, and, when about half way
up, Mr.. Stokes made his appearance at the head OF
the stairs and fired two shots at MI. Fisk; witness
kept Mr.. Fisk in sight frOm the moment he entered
and never saw him move his arm; his cloak was
folded around him; the other boy (Hart) had gone
up stairs to clean sponge.
Cross examined-I swOre ar the inquest that no
one went up stairs between Stokes and Fisk about
two months afterwards II struck me about Hart
going up; Stokes had not his right arm on the ban
mister when firing.
Counsel for the defence intimated that they were
not prepared to continue the cross-examination
Just then, and the Court adjourned till halfpast
ten O'Clock this morning.
THE JURY.
Judge BOardman informed the jury that he would
permit them TO retire without the surveillance Of
constables on condition that they would go In
pairs, the selection OF pairing being with them
selves This novel way OF dtsposing OF them tickled
the jurors very much, ana they retired seemingly
well satisfied with the arranQement.