The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-15
THE sIMMoNs-DURYEA TRAGEDY.


The interest in the trial OF John f. simmons
Tor the alleged murder of Nicholas W. puryea, still
IN progress In the Court OF oyer and Terminer,
before Judge Brady, increases as the trial ad-
vances A like large and eager CROWD hIied the
court room yesterday, and hundreds niied the
enter han and yesslDuie, being unable to obtain
admission The prisoner, his wife and little
daughter still accompanying him. put in prompt
appearance; and II any inference can be drawn
from his demeanor, II Is quite evident that he does
not appear to be moved by any apprehension as to
the final result OF the trial. The opposing
.counsel and the Jurors were likewise early in
their places and as Judge Brady took
his seat on the bench all were clearly anxious to
learn the line OF defence to be interposed, ana
how far it would upset the theory OF the prosecu-
ton. OF course there were varying comments as
70 the extent the testimony for the people had
sustained this theory, which was no less than that
OF brutal and unprovoked assault and cold
nooded murder. The testimony elected prior
threats by simmons; that he was on top OF Duryea,
and, after saying "Now 1 have got the best OF
you 81 stabbed him. or, rather, that he struck him
with something that glttered in his hands. This
was the tenor and gst OF the evidence submitted
BY the prosecution. IL was thought by many that
the defence would finish their side OF the with
she same despatch as the prosecution, and that they
would get through yesterday, but this did not
shat one or two more days may be required to
complete their testimony. Meantime the evidence
taken thus far will be seen by the published
evidence below, seeks to establish the tact that
Duryea was the assaulting party, and that Sim
mons acted in self-defence. The first and, proba-
bly,, leading witness, as Will be seen, states that
Duryea made two rushes at summons at which the
latter fell oack when Duryea struck MIN and they
fell, Duryea being on top. Very close attention
was paid to the testimony.
OPENING FOR THE DEFENCE.
opening tor the defence by Mr.. John K Fellows.
He began with a statement OF the Indictment, and
alluded 70 the long delay OF fourteen months in
bringing the prisoner 70 trial, and the oboquy and
expressed nus Satisfaction with the jury and the
Court, and that his client would now have lair
while he had in no way neglected his officia duty,
he had In no way sougnt to interect the preJu-
dices against the prisoner raised by distorted state
duty y'' to tell Them the '- prisoners PRISON. story,
now for. the nrst time told. What they
had far heard was merely a single scene
In the drama. To understand it they must know
the previous acts in It, he should claim absolute
edge he was under such fear that he had no
reasonable resource but what he did. And first
he recalled to them that the prosecution had not
pretended that summons sought Duryea; on the
contrary, they had shown that the assault was by
Daryea- The defence would 60 further-they
would show that Duryea sought Simmons In his
office, where he likely to be at that hour
alone, and there used threats and gestures which
seemed to show that he prepared for violence.
The deceased left that ofice long enough before
Summons lett II 70 have enabled Duryea TO reach
either Nassau street or Broadway. Duryea did not
desire a contest IN that office. He knew, though.
that this was simmons time to leave. He saw
him with his overcoat When simmons came
down on the street he found himself In the grasp
OF a man who had been waiting ior him. nose
threats for months mad filed the air, and whose
terror had induced him to leave public places
where he saw him. And this man caught him,
struck him and threw him down, breaking his
ankle. He recalled TO them that Sherman's testl-
mony was that there was but one blow, which
NV ere i'm HnTV auna m
fall with Duryea on top There was something
unexplained. They had heard that it was Sim
mons lett ankle that was dislocated and broken.
1t was Duryea's right ankle that was disocated and
broken. Who intertwined his leg with the other
rightlegS AS they stood, front 70 front, Duryea's
right loot was opposite Simmons LETT; sherman
nent doctors would tell Chem that it had been
grasped with such violence as not only TO leave Its
marks. but to cause an irritation requiring DAYS OF
treatment. He asked them TO consider what they
would do with an ankle broken so as TO prevent
escape, grasped oy man Oh known nerceness,
throat, till the brain was iuli Under such circum-
stances he called on them to justify the prisoner;
The law authorzedSnay, virtually commanded
them to protect their servants even from imml-
nent danger OF the preparation on them OF a
felony. 1t need not be even actual danger OF It's
preparation, but such appearances as made the
danger apparently imminent and warranted be-
lief OF danger. He put similar hypothetical case
70 themselves and asked them what they would
do. mere blow would not warrant the resort TO
deadly weapons, he acknowledged; but sup
pose that blow inflicted by most vindictive
enemy who had burdened the with curslngs
and threats against them; man who was known
as most desperate man, whose lie had been
tissue OF desperate acts; man VINO had entered
house by violence who on another occasion in a
regatta had Knocked down q respectable lawyer
and drawn his knife on the commodore or the
club VINO had been expelled from the yacht clubs
for his violence: who was habitualy armed-all
this known to them-and that they were disabled
and beneath such man, and let them say what
they would do. He closed with a reference TO
threats made by Duryea concerning Simmons and
. criticism Of some OF the testimony Tor the
v,vSQ anIr<tn no xufSa mia
sideraoiy over an hour, was listened to with the
closest attention.
EVIDENCE FOR TIE pBPEECE-rEsTTMUNY OF
ROBERT II. CLARK
The nrst witness called for the defence was
Robert II. Clark. He testified that on the evening
of the homicide he was In Adam b Co.'s office,
No. 81 Liberty street, where he employed;
oes and fecezeS puye and ssw hm 60 up to
the prIsoDer's ONCE, on the moor overhead; wit
ness went up TO simmons on business and saw
counter: simmons came out and asked Duryea II
ne was there on business and then went Into the
ONCE; they had ar alteration about something
while inside and something was said about $4,000;
witness saw tneu, standing together; he heard
Simmons desire Duryea 70 take his hands
out OF nIs pockets, asking him what had he got
there; Duryea took his hands apparently out OF ms
trowsers' pocket and put them into his overcoat;
simmons again asked him to take his hands out OF
Jus pockets, aud Duryea drew out . handkerchlH
SnI SAD adj 1T only handkerchisi witness
neard Duryea coming down stairs and heard him
pause ana say, Johnny, come have q drink VIII
me- ~ and simmons said, ''No; ] don't drink with
you;' some time after, hearing an alteration IN
the street and thinking some one was getting the
best OF simmons, he rao dawn so the street and |
saw Duryea and simmons having angry words; |
Duryea made two rushes az simInops who feIi \
back; in tie second rush Duryea's overcoat was |
pushed back, and witness thinking a pistol was |
going 10 be drawn, crossed TO the other
SIDE; Durges struck simmons. and they fell, |
Durysa on top, ana after few minutes !
out rom under Mr.. Duryea raise himself |
o little. and punch him, as witness thought; |
then Mr. simmons pulled his feet from under bnr |
yea and stood up, but Immediately fell to mis- |
knees, and the pyStanders carried MIN into
Sutherlands. The prisoner was subecred 10 a
lengthy crosse Examination; but be did not deyate
IA the slightest from hia original statements The !
Court then took recesg.
TESTIMONY OF JAMES ROONEY.
JaNnpe RODney who was caled After no voooou