New-York tribune., 1873-01-31
LOCAL MISCELLANY.
THE 1IRERTY-ST. TRAGEDY.

THE IIBERl1-SI. lhAObbi'
sovr,. ISSUES RAISED BY sINMoNss COUNSEL
An inquest was begun by Coroner Keenan,
et Bellevue Hospital at p m yesterday CONCERNING
che deathof Nicholas B. Duryea lottery dealer VINO III
addition 20 receiving fracture OF his leg was saooeo
"A times with large dagger in Libertyst. on the even
tps Of Dec le aud instantly killed. by his former part
ner John E. simmons The inquest was held In a spa
.,ons APARTMENT known as the surgeons library,
vh,oh was crowded with officials, friends, anu
relatives OF the deceased. The widow OF tue
deceased and one Of her daughters u',l0
,tr, Of about years. were escorted by male reia-
uyes Among others the brothers OF the prisoner
Who are his partners In the lottery business III "0"
.hey ale reputed to have acquired large fortunes n
nstant District Attorney Rollins attended IN tne e
,ss OF the people. and exDstrictAttorney feno"s Vi
,oupsel for the accused present In oeh@n VI us
shent. ,,,., -
The prisoner brought In lying az iuu iene' upon
q ltter from which he transferred TO plahKeteo
armchair and comfortably propped up with phOWs
ne IL large powerfully-bu man, while the deceased
Nas of comparatively slight physique. His head Is
large and party bald, while his mouth and chin are
concealed by a heavy. sandy mustache and imperial
He countenance most melancholy EXPRESSION
and his large gray-blue eyes seemed expreSsioniess
save fIopn evident detection.
A has been customary, the examination OF witnesses
xAs conducted by the Coroner and the evidence re-
,arded by Deputy Coroner. The continuation OF this
suso Yesterday led the raising of certain issues
by counsel for the prisoner. which resulted IN an a
lonrnment. and which may possibly lead TO q marAed
thanse IN the manner Of conducting inquests' Inc
Issues drawn after the examination ol 'he nfs'
and only witness called.
A LOTTERY CLERKS STATEMENT.
william T. striker testified: reside at No lCS
Sheriff ST. a clerk at No. 67 IAberty-st; nave worKed
iorboth the prisoner and the deceased at about GAS
T. NJ On Dec. l6. the deceased entered simmons's ofce
walked M 10 the desk, and whispered TO Mr.. Dolson
habf fhp desk
What he sald 10 Dolson; there were only mSSse DOL OF
son ne prisoner and the m hebep he had any
business there; then walked upt simmons, shook
sapons aid he Thought Dnryea had used him in mean
sort of way selling out TO him aud then trying TO steal
the business back again some further talk passed be-
tween them about old business matters can't say exact
~ what it was Simmons then said, " IL you have any
G ness with me- want you 70 settle II in the office "
Dtyea ssd, Come down on the sidewalk ana III set
tie IL with YOU; Duryea then went down stairs and SIM
mons followed him / did not down for a minute
or two; they bad hard words on the sidewalk
iben went down and saw them ON the sidewalk; when
GOT down heard Dnryea say Cd On XS1i DIDN'T na
you back with interestl" Duryea said, Yes you did"
E qf & s5sG 5s sPpgs % @ G ds s & THREAT hts an R
DarSea grabbed suons with his left hand and struck
~ him with his right hand; as nearly as c0uia ~
DuTyea struck simmons in the face; Summons trled
to ward OF the blow but eo4ld not he then rnshed at
DuIyea and they clenched; Duryea tossed summons
VINO fei unierneath thonght It was to be regular
ged hard and In few seconds simmons turned Duryea
IN his hanu or not could nj say; him strike Dur
yea uTee four times, and then started OIL down
ie street for assistance, aud shouted "murderP and
"Ponce;' when went back, simmons shouted, 1" BILL
come and help me up my leg is broken ne was restlag
whether the knife shown is the same one; never
col bach Dnryea Was iyiag nOionless upon his side
hepcd the treetto Sutherlands restau
whether the knIe was four ive inches long, 1t
Was dark. and was excited; il looked more like dirk
knile than anything else.
REMARKS OF COUNSEL.
Wien the witness was about subscribe 10 his esti
neuy which mad been transcribed by Deputy Coroner
Beach Col Follows addressed the Coroner in the
follows:
Before this witness shall append his signature to his
testimony recorded, l wish TO explain my position
fCrc, and make my explanation the basis for
81 counsel for This prisoner. You and the
jury appear in two.tOld aspect. You not
saass1rate, ana you haveGe power to determine the
temporary fate Of the prisoner You have right the
10 release the prisoner upon his reeognizance and
yoa have The power to commit him should & the Jury
ole the Deputy Coroner TO take down the testimony
that ali the testimony shall be SO tina: wit
nesses fully testify ing before final court TO minute
circumstances drawn out 0y xannaton may not
Lee uiustly confronted with deficient record OF their
previous testimony. The people have right to appear
by counsel and the prisoner has the same right and the
proceedings should be conducted, either by the
OF witnesses by counsel personally, or through
e Coroner tha testimony showing extenudtlng clrcun-
otherwise be adduced therefore ask for
adjournment, in order that may consult with my
sssoclate, who Is summing up in the Tweed case,
ana therefore unable 10 be now. We have had
opportunity 10 consult in relation so this inquest.
After a brief discussion, Coroner keenan, adjourned
Tie inquest Monday at p ., and gave Stryker and
william Heaton, an engraver, who also an eye
wiEcss OF the homicide, into the custody Of Police
Captain Catrey OF the Second Precinct, where the
homicide occurred. for commitment TO the House OF
detention. The prisoner remained for some time In
CONCsaOu With his brothers and Others after which
he again placed the litter and conveyed to the
Nsad where be is under treatment.