The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-02


who chose to take il in his head to do 50 by way
OF pastime IL is this class OF crime and the brutal
class Of criminals that there Is NECESSITY to re-
that. far az the able and dignided Judge on the
bench and the District Attorneys department
sen The risk OF the respectable portion Of the city
OF being slaughtered. He looked upon this trial az
naeed ~ grand
institution handed down by our iathers-the sys-
s% % AIRY 81 4 % atS S a
guilty Of murder In the first degree, after listening
to ali the testimony. he hoped they would have the
this culprit as he deserved In conclusion he re-
cited the facts or the killing as they expected TO
s 20 ana ss mot 10
they would naturally sympathize with the wife and
children OF the prisoner they must not forget the
less children. He asked them to lay aside every
other consideration but their solemn oaths and de-
eide the case on the evidence alone.
TESTIMONY FOR THR PROSECUTION.
At the conclusion Of Mr.. Russell's opening the
Court took o recess for half an hour and on re-
assembling the examination OF witnesses Tor the
Frederick Clouse, receiving teller Of the Bowery
savings saak was nrst caea 70 tne wltnSSs ssa4a
six p. M. on the 2lst of January last left the
bank and got on Second avenue car. which, hay
ing stopped for few minutes, got or and, look
ing ahead, saw another car IN front; pistol was
then fired and l saw Phyier fall; on running up
his arms extended; a white ana gray horse stood
near by It's harness consisting OF collar and traces
the pulse 81 ana Re Sat me-
| walk; ne had nothing in his hands; blood trcklcd
from wound on his nose he never uttered
| word after he fell; and some Others procured
shutter on which the dead man was carried TO the
station said to Nixon that he had not been hit
and Nixon said no, but that he would have been II
he had not shot Pyyfer. and that he dld 1t TO pro-
! tect himself.
| Gross examination-I was some distance away
| from where the shooting took place, and cannot
| swear positively to the identity Of the accused.
| Patrick Brady sworn:-I am driver on the Sec
| Ond Avenue Railroad; about ten minutes TO six
p. M, January 81, was driving my car up town;
| saw man in wagon going toward Division street.
! and at the same time one on horseback; neither
| appeared to be moving; as got further up saw
| the man In the wagon raise up, pun pistol rom
his pocket with his left hand, and fire at the man
| on the horse; the man firing jumped out OF his
wagon moment and looked at the man he had
shot, and then jumped back into his wagon, and
giving his horse cut, drove away; saw the man
fall from the horse; people cried out, ARREST that
man" to the best OF my opinion the prisoner Is
Cross-examnaton- saw a whiflctree on the
horse; the man who fired the pistol am sure fired
with his left hand the man who was shot was on
the side of the man in the wagon; they were close
Redirect heard no words; saw the man on
TO juror-The whifietree was either on the
horses shoulder or hanging by the harness.
| John Long sworn-I am a conductor on the Sec
7 Ond Avenue Railroad was on the same car as
Brady; the first thing saw was the man lying
saT ssx e 10
did not 90 up to where the man was; saw the
horse; did not notice any whifnetree; was
about twenty feet away; saw man drive away
John McKeon, sworn-Iam an expressman in the
/ employ OF the New York and Boston Express COM
pany; on the night OF the shooting came down
| Division street, and as neared Chatham square
ground ra and sHo. crowd about MIN saw man in
small wagon; people cried out. ARREST that man; !"
the man drove in the direction of the New Bswery;
| he went into a lager beer saloon told police
| man what had happened, and then went back to
where the deceased lay; saw q whiffletree lying
! on the ground by the man: did not notice any
number or name on the wagon.
Cross-examined-The wnifnetree was large
10 the Judge-There was nothing attached to
the whifletree that saw.
James Reilly, sworn-I was in Chatham square on
the night OF the shooting; did not the shoot
ing; heard the report of pistol; when l heard
the firing turned around to see what the matter
see his face; knew Nixon by sight, KNEW the
wagon; | ran about hundred yards after the
ing was; after the wagon stopped saw Nixon at
the horses head; recognize the prisoner as the
man saw get out OF the wagon.
Crosse xaminatlOn-I am a hack driver and know
! whlqietree; saw one near where the deceased
| lay; It was about three and half feet long and
had three hooks, one on each end and one in the
! centre. - S--sf yss-v.s -sss
| Redrect-I went within twelve feet of where the
| dead man lay; the dead man had then been placed
! on the sidewalks the whiffletree was lying In the
centre of the Bleecker street track; did not see
| any one pick 1t up.
u
precinct; on the night OF the shooting was in the
vicinity OF Chatham square; reached the scene OF
| the shooting lew minutes after 1t occnrred
| went through a crowd and found a man lying, On
and 0nicer McGrath brought up light express
wagon; had seen the wagon before; the man who
no horse whifietree.
John Z. Power, sworn--I am an officer OF the
Fourth precinct; reached the scene OF the shoot
ing some three or four minutes alter 1t happened;
the man who had been shot was lying on "a
shutter opposite No. Chatham square; boy was
\ "a n m 1anl
man saw a whlffietree; 1t was put into a wagon;
the whiiictree produced is a fac-simile Oh the one
George Van Buskirk, sworn-I am an onicer OF
the Third precinct but In July last belonged to the
Fourth precinct; l arrested the prisoner; / went
first John Inman's lager beer saloon and then to
the Bowery and from there to Nixon's residence;
Nixon was sitting by the stove, told him that
man, but he struck at me;' Officer Fitzsimnons
was with me; Nixon said at the station house, 81
shot the man, because he threatened to strike
me- asked him where the pistol was; he said,
eco TO Maria, and she VIII give 1t 10 you;" Maria
one produced is the pistol she gave me; it was not
loaded; the deceased was taken TO the Park Hospi-
tai; the wound was at the corner OF the left eye;
did not see the whiiietree till two or three days
afterwards.
Mr.. Howe moved that the evidence OF the wit
ness to the pistol be stricken OUT. He insisted
that there was no evidence that this was the pistol
used by the prisoner.
Judge Brady said that there was some evidence.
as Nixon told the officer to go TO Maria and get the
pistol and she gave him this one He could not
strike out the evidence without the consent Of the
District Attorney.
MIR. Phelps objected to the evidence being stricken
out.
Mr.. Howe excepted and was given the benefit Of
the exception.
Nathan Fitzsimmons, OF the Fourth precinct, was
the next witness. He said that the first he saw or
the deceased was in the back room Of the station
house; he was alive but unconscious.
Cross-examined-Nixon told the captain, ." shot
the man, bu: he first hit at me.n
Captain Ullman, OF the Fourth precinct, testified
that on the night OF the shooting q young man
named Lawer came into the station house and
said that man had been shot In Chatham square.
He sent some officers to examine INTO the facts OF
the case. Shortly afterwards Phyfer was brought
into the station house and Immediately was taken
to the Park Hospital. When Nixon was brought In
he told me, ~ shot the man." | asked him, "Why
did you shoot him?u and he said, 1.-The man threat
ened to strike me with q whiffletree.n
Peter Brown. driver on the Third Avenue Rail-
tNaAf nor an tha N yuf nj ha