The New York herald., 1873-10-26

may not occupy more than Monday, and that the
case will be submitted to the jury tomorrow even
ing.
The Proceedings Yesterday.
The prisoner and all others concerned appeared
much the same as usual, and there was no feature
noticeable above the common.
FURTHER TESTIMONY IN REBUTTAL-AUGUsT sCHIM-
August Schimmel, brother-ln-law Of Mrs. Morse,
was sworn in rebuttal.
witness-I knew Coloner Fisk intimately, even
before he came to New York; saw him under all
circumstances and at one time used to reside with
him; never knew him to carry pistol saw
him on the morning OF the shooting at the Grand
Opera House in his shirt sleeves; helped him put
on his coat and he had no pistol to my knowledge;
know Mrs. Morse's daughters; they are aged
now fifteen and eighteen respectively; one Of them
is at home i'll with scarlet fever, and the other is
abroad; / used to 60 to their rooms in the hotel
frequently, almost daily; there were no beds in
the parlor, piano was there
To Mr.. Tremain-I married Mrs. Morse's sister;
ROsEY AND MINNIE MORSE
are the names OF the young ladies who received
legacies from Fisk; they went to Europe in 1865;
when Colonel Fisk was killed there was only one
living at the hotel, the other being at the Convent
OF the Sacred Heart; Minnie is the one VINO is in
sailed under her own name and not chat OF Morris:
am quite sure she went under her own name;
could not tell in what part OF Europe she Is now
she is travelling with her aunt, MIS- Morris; Mrs.
Morse's son Is also in Europe.
q. Now don't you know that there were names
OF departure published az M0rriss A. No, sir; the
last Iheard OF the son he was connected with the
Russ Paving Company, in London; don't know in
what capacity he is connected with that company;
the Morses had three rooms; don't know which
was the bedroom; never slept there; in one
room the mother slept and in the other the
daughter slept; the piano had been in the parlor
from the time they went there; 1t was taken away
O. Did You stay all night with Fisk previous TO
the 9th OF January twenty nightss A. think not
twenty.
O. Win you swear ten9 A. Not ten.
q. Will you swear fve9 A. Well, may be five.
q. During the three weeks previous to the 9th OF
January did you stay with him more than one
seen him undress many times and go 10 bed.
Q. Did you ever see pistol pocket In his panta-
loonsy A. No, sir.
Q. Never in your life, sleeping with him as often
as you say you didf A. Never; don't believe he
Witness finally said he did not know what pis.
tol pocket was, but showed one afterwards in his
pocket" he never saw any such pocket In FlsK's
trowsers ! never knew Fisk to sleep at Josie
Hotel Tor two years, and during that period slept
with him as many as dozen times.
DR.. WOOD ON THE STAND.
DR.. James X. Wood sworn-I am surgeon for
Bellevue, st. Vincent, State Woman's and the
Island Hospitals, and consulting surgeon for other
remember having seen other gentlemen in con.
sultation when Fisk was suffering rom his wounds;
Colonel FISK pale resoa ressss a1d o %
pulse and respiration with other details gone over
previously.
that he had been probed already and would not be
again unless he had chioroiorm given him. Dr.
Fisher then gave him about thirty drops OF chloro
form; proceeded to use the probe handed me.
The witness gave in his own way history Of his
connection with the case, and Of the consultation
adjoining room to where Fisk lay. He described
the extreme danger Of administering chloroiorm
under such circumstances, and ADVISED the utmost
care in giving it to the patient; he was present at
the post-mortem examination and described the
course OF the ball through the abdominal parts.
o. Now, Doctor, from the wound you examined
at the autopsy OF the remains is 1t your opinion
that colonel Fisk died from Its effectsf A. be-
heve so.
The defence exhibited the wooden plan OF the
ladies staircase and the relative positions OF the
two men, testified to by witnesses for the prose-
cution, as occupied by them at the moment OF the
shooting. The question was then asked If II was
possible for FISK to have received such wound as
the one described on the staircase, and stokes
Witness answered that he could not conceive
how the wound could have been innicted under the
circumstances mentioned.
THE CROSS EXAMINATION
was then commenced and occupied about half an
hour, winding up with the following query:-
z. Did you consider the wound necessarily NOR
o. There were hopes of recovery A. Yes sir.
NEW WITNESS ON THE STAND.
Thomas M. Smith, new witness, Is employed in
the Guardian Mutual Life Insurance Company.
On the afternoon or the 9Th OF January, 1872, I
was walking up Broadway; passed the hotel at
about halfpast Iour.
Mr.. TremaIn-I object I want to know what II
Is proposed to prove by this Witness
District Attorney--We present him for the pur-
pose OF contradictlng Mary Beae. q
Wltness-Saw Colonel Fisk get out OF his carriage
aud stopped to look at him; saw him enter the
ladies' entrance, and about half minu.e after
heard q crash; turned round and went up 70 the
door; he did not have time TO enter and come out
again before the crash was heard; did not see any
woman around there at the time; nor any lady at
the foot Of the stairs.
To Mr.. Tremain--FIis carriage stopped almost
opposite the 'ades entrance; he passed me, cross
ing IN 'front.' OF me as stood there; was anxious
to see him; the sound OF the crash did not strike
me as pistol shot; turned back instantly to the
door; ] saw boy come out OF the door, but
did not notice where he went to; did
not hear him say anything; the boy ran and i'm
mediately heard the crash; my impression is che
outer door was closed; crowd rushed up and IN
at once; did not know any OF them; | renamed
there about hall minute: after looked In saw
FISK with his lace towards me; he came to the DOT
tom OF the stairs.
To the District Attorney-I communicated with
the authorities after had read In the papers sne
testimony OF Mary Beale.
John X Kimball, the next witness, testinea.
Knew the prisoner before January o 1872 ous no'
not very Intimately. - 40
The defence objected to this witness on .ne
ground that his testimony, simply IoI lno pua
Doae of corrObOratfnQ the witness P&IkeIs WnV