The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-04
THE DURYEA HOMICIDE.
Further Testimony Taken Before the Coroner
Yesterday-The Inquest Again Adjourned.

The adjourned inquest in the case Of John Z.
Simmons, charged with the killing of Nicholas
Duryea, was resumed yesterday afternoon, at two
O'Clock, in Bellevue Hospital The attendance was
larger than at the previous hearing, the large hall
In which the investigation was held being COM
petely filed with spectators. Those present were
for the greater part, policy Dealers the majority OF
them being friends OF the accused man. The
widow Of Duryea was present. attired In deep
mourning, attentvely watching the progress OF
the hearing. Mrs. Duryea, from her demeanor and
appearance, seems to be q perfect lady, and much
sympathy was manifested for her. The prisoner
was brought in upon stretcher, as he is still
suffering from the effects Of his fractured leg. He
was as tendery cared for as baby, more than hall
q dozen attendants waiting to do his bidding.
Colonel Fellows, exAssistant District Attorney,
was present on the part of Simmons. The people
were unrepresented.
windham Stryker, who was examined before,
was first placed upon the stand and asked few
unimportant questions, which did not contradict
anything he had previously sworn.
Charles Anderson, of No. 2ll East Fifteenth
street, clerk in the General Post Office register de-
partment, was next eXalnned:-I left the Post
ONCE on the 10th OF December about seven O'Clock
p. M. TO go up town; as turned to go up Nassau
street
HEARD CRY OF POLICE;
! and several other parties ran toward the door.
STEP from whence the cries came; when arrived
opposite Sutherlands restaurant saw the men on
the sidewalk, one kneeling on the top OF the other;
! stepped up to see what the matter was; just as
stepped over 10 see what was gong on simmons
got up as he was getting up he exclaimed ''Now
l have got the best OF your he attempted 70 step
backward and fell right on the street; he ex.
parties parties came forward and assisted 'H hum
into Sutherland's; saw no movement Of
no y
wards saw the instrument which was taken to the
station house; short time afterwards Isand
several others went into Sutherlands, when the
police came up and arrested simmons; some con-
vcrsation passed between the witness Stryker and
the prisoner; couldSnot hear what it was; some
body said, In answer to an inquiry, that two men
were near being robbed going down Liberty street;
think the person who said that was Stryker; did
not hear Simmons say anything.
To q Juror don't remember whether Simmons
said II have broken my leg" or "My leg is broken"
way; am a clerk at 10 Exchange place; on the
10th Of December was at 60 Liberty street, when
/ heard row on the street; there seemed to he
several
PERSONS MAKING A NOISE;
they were talking loud; went down stairs to the
street and saw two men on the ground; the de-
top OF him; / saw the prisoner rise little and
stab the deceased with an instrument which gilt
tered in the light; then remarked he was stab
bling him with something; he stabbed him several
times around the head somewhere; cannot tell
where else he struck him. ! was sure he was stab
bling him, for | saw the instrument glitter; II then
heard the prisoner say, "Now have got the best
OF you;" alter saving that he got up in getting up
his loot got entanged with the foot Of deceased,
and he fell back wards into the gutter, excalming,
81 have broken my ankles" he was then lifted up
and carried ever to Sutherland's; went for the
police; on going met officer Weber and said
'C0me around en'Liberty street,
THERE is sTABBIsG AFFRAY;o
he came around with me to Sutherlands the pris-
onor did the stabbing with his right hand that is
all know
raised himself up whether there was anything the
matter with his leg or not.
william Heaton was next examined: board at
No. Franklin street: am steel and copperpate
printer; was witness to the occurrence on Lib
erty street on the evening OF the 10th OF December
was working at 90 Liberty street, on the second
floor; heard noise in the street, as II there were
several men engaged In a row; heard somebody
hoooing Police police" and "Murderl", sew
eral times l then went down stairs and saw
two men lying on the sidewalk; one was on the
top Of the other; never saw either man before
that was under say, "Let me up, Cd On you y,
he seemed to be struggling to get up, but could
only move his head backward and forward and
kick the man on top then raised himself up, and
held the other man with his left hand while he
struck him with his right some place about the
head, as thought; ] saw the arms OF the man who
was underneath fall out straight from him; his
head dropped to one side the upper one raised
himself up on his left hand and looked at the other
for moment or two; the man underneath never
moved; the man on top then raised his right hand
again, and as he did SO l saw something In his
hand
GLIsTEN IN THE GAsLIGHT;
he then struck the other man again some place
around the body the legs OF the man underneath
gave lew quivers; the man on top then got up
and got out in the street; he staggered and fell
upon his back, his mead toward Nassau street; he
turned himself over on his side and called out
"Bn three or four times; man came up then
and helped him into Sutherlands; then went up
stairs and went back to my work I have Identified
Mr.. Simmons, the prisoner; he was the one who
was on top
| Al the conclusion OF the testimony OF this wit
ness the inquest was again adjourned until to-day
The repeated delay caused great dissatisfaction to
those who were present, az the evidence could all
| have been taken yesterday.