The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
THE SIMMONS-DURYEA TRAGEDY

Sixth Day OF the Trial and Increas-
ing Crowds In Attic ADMINISTRATIONS
Testimony for the Defence and Evil
denee In Rebuttal-A Verdict Expected
To BE Reached To-day.
The crowd OF people anxious to secure admission
yesterday to the Court OF Oyer and Terminer at the
trial OF John f. simmons, Tor the alleged murder
OF Nicholas w. Duryea, was much larger than on
any previous day. AS 1t was the court room was
crowded to its utmost capacity, while nearly as
many remained outside who could not get in, but
still persstently and patiently waited to pick up
such stray waits OF intelligence as they could of
the days developments The prisoner, who as
heretofore was accompanied by his wife and
daughter and three brothers, put in an
early appearance, and showed no change
from the careless, Indifferent demeanor
that has characterized him all through
the trial. More Of his personal friends and &C.
quaintances were evidently present than on any
previous day, for nearly one-hah seemed to know
him and rushed up to shake hands with him as he
took his seat. certain nashness Of diess and
gorgeousncss OF jeweiry decorations Indicated IL Is
true large numbers Of kindred avocation with
himself but the grasp OF their hands was none the
less cordial Tor all this, and their expressions Of
sympathy noEe the less hearty and sincere. When
Judge Brady took his seat the counsel were all in
their places and everything in readiness for the
days work. 1t was generally supposed that yes
terday would sunlce to complete tie rest OF the
testimony Ior the defence. and so it proved. or
course the closest attention was paid to the evil
dence ofeach succeeding witness. Very much of this
was to show that the deceased was man Of very
violent passions, and that the unfortunate prisoner,
on the contrary, was man OF the most peaceful
and inofrensive disposition. Hardly more strik-
ing contrast between the dispositions of two men
could be drawn But there comes an Offset to all
thls--tne testimony In rebuttaL This on the con-
trary, went to prove the deceased one Of the most
harmless OF men imaginable and the prisoner a
man OF the most ung0vernaDle temper
TESTIMONY FOR THE DEFENCE CONTINUED.
William NJ. Fowler testlhed that about four
O'Clock on the day Of the homicide Duryea played
a game OF billiards In witness saloon No. 343 Full.
ton street, and had two drinks.
John LOOMS testified that about six O'Clock In
and Duryea called in and began to complain Of the
Brooklyn Eagle having done him q great deal Of
to have been formerly connected with the press.
Rs to the authorship OF the articles concerning
him and his friends and bis business; witness
could not tell him; then he said he knew the IN
stiQators OF those articles, and was prepared to
.lay them OUT" while they were having a drink
and said he had an Idea that man was at the bot
tom Of 1t; witness advised him to keep cool and
INQUIRE 81 the q a e oas ne tS aa
separated, and Duryea went up Fulton street;
next morning he heard OF Duryea's death.
member of the Bar, resides in Navy street. BROOK
lyn. and was formerly editor OF the Brooklyn Dduv
Advertiser.
Abraham Mars, q lawyer, testified that he was
acquainted with the deceased and the prisoner
one day last October Duryea SAID to him, TEL
Summons, the next time you see him, will cut his
comb, and AIN the boy can do "a witness shortly
after met summons and told him, AMI simmons
said he had heard OF these threats before, and in
eended he should not be caught In a trap.
TO Mr.. Phelps-Duryea called me over; had
known summons better than Duryea; Duryea said,
81 know you are friend Of simmons" have not
William 7. Ashman testined-f was formerly
carrying on business In Fulton Market; | knew
both Daryea and simmons; Duryea Tor some
Just before his death, In Sutheriand's in Ltberty
street he threatened Summons; he asked me when
/ had Seen simmons; said two or three days he
fore he said John had robbed him, and he would
be revenged on him when he first crossed his
path; just then Simmons came In, and / shook
my head, and when ne caught sight OF Duryea
he went back; l made an excuse TO Durvea
and followed Simmons out and told him
he had better keep out OF Duryea's way;
this was on SATURDAY; he said he meant to keep
out of his way; went back and Duryea resumed
his threats; after while he went of and In a it,
tie while Simmons came I'M there were Judge