The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-14
THE SIyXOyS-DIRYEA TRAGEDY.
Opening Of the Case for the
Prosecution.
All the Testimony for tho
People Submitted.

Details Of the Tragedy as Reoited
by Eyewitnesses.
The fourth day and really the commencement Al
the trial Of John E. Simmons the alleged murderer
OF Nicholas W. Duryea, was entered upon yester.
DAY before Judge Brady In the Court OF Oyer ana
Terminer. As on the previous days. the court
room was crowded to Its utmost capacity. The
prisoner was still accompanied In Court by his
wife and child and betrayed no more anxiety than
at any time since the commencement OF the trial.
All the counsel were prompt In attendance, a.
usual.
OPENING THE CASE FOR THE PROSECUTION.
Directly on the opening Of the Court District Al.
torney Phelps began his opening for tho
prosecution. He commenced by aliuding to
the Importance Of the case, involving tho
life and liberty OF the prisoner, ana
the Sinaitlc law against murder, and the
gravity OF the duty OF the jury. and then briefly
stated the facts as understood by the prosecution.
Duryea, he said man under forty years OF age,
had been associated In business with the prisoner.
his senior in the lottery business, owning Ken
lucky lottery. Out OF that business no considera-
ton should arise in ths case against either. Some
time prior to this occurrence their partnership
had terminated Duryea selling out his share But
hard feelings arose, Simmons thinking that. not.
withstandng the sale to him, Duryea was trying
to gain q share or undermine him In the business,
and these thoughts eliminating In expressions BY
the prisoner OF strong threats against DuryeA
that he should not live to enjoy the pro-
ceeds OF any such bad faith. These threats
were some OF them, told TO Duryea,
who, however. declined to take any precautions.
Duryea being accidentally in the city, and having
rio Anan
had an once under the once occupied BY the
prisoner. OF No. 81 Liberty street. was brought int
his immediate neghborhood. Mr. Allen did NOT
keep that appointment, but left his place before
Duryea came there. Duryea and the prisoner
were mmed iatey after seen on the sidewalk in an
angry alteration. ending in the lie and blow BY
Duryea. They grappled and fell. Duryea was the
lighter. The prisoner at first was beneath, but In
the ssrsgs kne and re-
be let up. scarcely able TO raise his head, but the
prisoner STRUCK again. ana nc. With snaadss
said, "Now, I've got the best OF YOU" Both had
had their ankles broken. The prisoner called on
He told the police oficer who accompanied him to
the police station that two men had tried to rob
by club, but at was silent when the surgeon
pointed out that there was no external mark.
ds %aS Dc lie aid nS Tns the
deny the law Of seli-defence. It was founded
deeper than the statute lawn the laws Of
the seeking Of an ARRAY and the murder OF an
enemy under cover OF sel-sought quarrel. It
enemy and the latter was yielding and begging Ia
submission, In resortlng to deadly weapon TO
that wealth and learning and industry could sup.
ply. and that greater aid OF the human sympathy
which clustered round the man - IN PERL lSrsei
lost him. he appealed In conclusion to the jury
for the faithful, earnest impartial discharge OF
thnsv <Nntu in hto oQr tQt oAft hA
community and as before that dread bar to which
all must give account.
EVIDENCE FOR THE NEUTRALITY-SUSPICIOUS. OF
GEORGE d. ALLEN.
- The nrst witness called ior the prosecution was
~ e hv wo esee Of ai at
Pine street; in December, 1872, my place of bust
ness was No. 81 Liberty street near broadway tho
store and two cellars; the firm was Macy i Jen.
kins.
O. Where did you last see Duryeas
Mr.. Graham objected to this as an effort to Intro.
duce manufactured evidence, but was Overruled.
A. On the morning OF his DEATH about hali-past
eleven O'Clock, in Wan street opposite New.
subsequent meeting?
Objected to aud ruled out.
Examination rcsumed-I left my Office about ten
living; saw linn dead simmons had place ss oi
To Mr.. Felows-l am very confident as to the
time met Duryea; I had known Duryea sixteen
left the store from haifpast i've to six O'CLOCK
TESTIMONY OF EUGENE SHERMAN.
Eugene sherman teStlneu as fOi0wS.--Am sew.
enteen years old. and butcher IN the employ OF
s sonn ESe a mi u s was tho
about ten minutes to seven; | was sent to the
Post once with letters, and dropped my letters
got "a Couple Of doors above SutSerianas saw
about five men standing looking at two men on
stout, We'll built man. the other man not quite 20
wen built; he was more slender and little taller;
the prisoner was the stouter looking man; /
OF nnnh han mon vwt11
swear against yoa - the younger man said, 'Don't
yon pull anything on me;' then the Younger man
elder man was underneath, but alter second or
two be came uppermost and seemed to be making
20 iSe corner an rs ANN ocee @
back and saw the elder man get up and stag
ger and somebody ran out Of the
on the railing outside OF the restaurant ami saw
the elder man sitting on q stool with his head
was and saw man pick up something red ike (
morocco case from the blood; q police of1cer
that" fruit cart had come up and they pu tho
man Il 3, s:::srsa tnn and The
younger man saw strike at the head Of the other;
pc didn't knock hum down; don't know how they
@ rhen tine sS5 man was the either
The witness here went on his knees, leaning down,
and Illustrated the notion, According to him tho
To Mr.. UrahsN-l was examined before the
Coroner's jury; suppose what said to-day was
IN nearly the same words as said then; don't
think said anything at the COroners jury about
the morocco sheath or about trying to put the
body In the cart; the evening was wet and misty;
/ can't tell whether there was snow or Ice on the
sidewalk; there were lights In the insurance com.
pany's and in the restaurant; II was dark; did
pot hear any one say, ~ lent you $4,000" didn't
hear the short man say, Yes. and PAID you
back;n l didn't hear the tan man say, with an
OATH "You are a llar," or see MIN catch the short
man by the throat; I do not know any person in
terested in Duryea; have told all heard: there
was 0 cry OF murder, but don't know VINO gave
1t 1t was not the parties lighting, but was AFTER
the person rose from the body.
TESTIMONY RICHARD J. HOGAN
Richard J. Hogan testified as follows:-In De.
cember, 1872, lived At No: 1859 BroadTay; on the
cry afreet on the second door heard noise 10