The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-03

Mr.. william f. Howe, the counsel for the prisoner,
and his associate, Mr.. Abe Fl. Hummel The
prisoner his wife and two children being In attend
ance with him as on the former days, took his GUS
t0mary seat behind his counsel A new feature
was the presence Of the widow Of the murdered
man and her four small children.
FURTHER EVIDENCE FOR THE PROSECUTION.
The examination OF witnesses for the prosecu-
ton was resumed. The first witness called was
william Kress, o boy. He testified that he was
present in Chatham square at the time Of the
shooting; he was the first person who caught the
gray horse after the deceased had been shot; at
that time the whifietree was attached to the har-
ness Of the horse, hanging down; some man ap-
prOached-a stranger-and took it OF, placing 1t
in the wagon.
CrOss-examined-He was quite positive that
another man placed the whfietrce after taking 1t
from the horse; it was placed in the wagon be-
longing to the individual who fred the revolver; the
whifnetree was put in after the wagon was brought
back, after the arrest OF the man who was driving.
Patrick Brady, the car driver, recalled:-He tes-
titled, additionally, that there was no one holding
the horse when the man fell OF; far as he could
recollect, the whifnetree was suspended from the
harness witness did not notice the boy holding
the horse.
Charles Tully, the next Witness testified that he
observed the prisoner come in at one door Of
Lindman's, where he was employed, and, without
waiting more than few minutes, pass out
another door.
Omcer Magrath came to the scene Of the killing
soon after the shooting occurred; he did not see
whifietrce.
Deputy Coroner Joseph Cushman testihed-Made
q post-m0rtem examination OF the remains OF
Phyfer at the Centre street Hospital where he had
been brought after being shot; pistol ball was
found embedded in the brain and q wound was dis
covered in the lace, near the nose; the ball took
course from left to right, level with the brain;
when the shot was fred the weapon with which
the deed was done and the head OF deceased must
have been on line; In the opinion OF the witness
death resulted from shock and laceration Of the
brain.
MR.. HOwE's OPENING.
The District Attorney having announced that the
for the prosecution was closed, Mr.. Howe pro-
ceeded to sum up. He said that no one felt more
deeply than himselfregret at the melancholy circum
stances that through the act Of the prisoner at the
bar wife had been widowed and four small and
helpless children left fatherless While he would
not repress their sympathies in this direction he
would nave them feel proper sympathy for the
wife and little ones Of the prisoner, who only took
All he asked at their hands for the unor.
tunate prisoner was justice. He was well
learned Assistant District Attorney in his opening,
that there was blood in the air, that the air was
@ n ana aa soa TO
show that the prisoner was not lawless ruflian,
and that while he was engaged in legitimate
| business and earning an honest livelihood for his
wife and little ones. the deceased unhappiy placed
his life in imminent peril by attempting to Kill him
| weapon far more deadly than the car hook with
which Foster Killed Putnam. nixon tired to get
q two s on way e ev %he N
| the former was about to strike him
death blow with this terrible weapon, he pulled
pistol from his pocket fired, and the deceased fell
In death agonies from his horse. 1t was a terrible
thing to do, but 1t was what either OF them would
/ have done under the same circumstances. From
first to last the prisoner had not denied the shoot
ing. The evidence he was about TO offer would put
than the at the time IN the
dence and upon this give CIV their Verdict He asked
no favor, no undue sympathy. He was bold be-
cause he had true and honest defence.
i TESTIMONY FOR THE DEFENCE.
Henry Eckiord was the first witness called. He
testified that he lived in Newark, n j.. he was in
this city on the 2lst OF last January; he saw the
gray horse was BY the side Of wagon in which was
. man; the man in the wagon told the man to get
out Of his way; the man on the horse raised Whit
! netree and struck Ut the man in the wagon the
latter told the other stop that he would shoot
him at one time the horse went in front Of the
he heard report OF a pistol; he did not know the
prisoner and never saw him until coming into
Court; ne could not identity the prisoner as the
Cross-examined-He was gardener; he came
to New York on the day Of the shooting 20 see
| friend OF to Boston; he was coming from the de-
| pot when he saw the shooting; young man named
Cummings, . horse raider, now in Canada, was
| nine years; what first attracted his attention was
hearing the men quarrel; the wagon when he first
the square; the man ON the horse was coming
refund in front OF the wagon; the moment the snot
h ns ns he AID no near S
thing; he did not see the shooting; he could swear
that the man on the horse struck twice at
whether he struck with one hand or both; he did
not think he struck ANYTHING; the man In the
an account OF the shooting In the papers the affair
was so misrepresented in the papers that about
Nixen's wife and told her the facts and she took
him to Mr.. Howe; he came from England to this
country thirty years ago last august ne Lst went
/ weeks, and then to Newark; he worked long
time for Professor Mapes he never went by an
other name; he was never arrested lot counteriei'
sYou are barking up the wrong tree" said Mr..
william Henry Johnson, coored man, was next
sworn. He was Whitewater, and "did anything
he could get hold Of to dS on se ns se saw q, .ae
alteration between man on horseback ana
what do you mean by alteration ~ asked Mr..
Howe.
u heard them quarrelling.n Iaughter)
What next did you hear ~
1.-THE fellow IN the wagon told the fellow on the
horse TO get out OF his way the other fellow would
not do II, but twisted round on his horse, and with
| big stick or some thing struck twice at the man
| In the wagon; at this time the man in the wagon
| was in the back of the wagon.n
| what next 2" pursued Mr. Hewe.
II saw there was going to be muss, and left"
| Qaughter.)
| Cross-examination-He lived In 10 York street;
| he occupied back attic room; he whitewashed
principally for living; he lost $40 job by coming
here; on the afternoon OF the shooting he had been
looking for q Job.
where was the wagon ', continued Mr. Phelps.
"In tue stTcehn DAUGHTER.