The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
HERALD TUESDAY IT, 1S74-TRIPLE SHEET

I Ftthian and some others there, and repeated my
| warning; Monday met sfmmons again, warning
him not 10 cross Duryea's path and not 70 les aim
ses s"e smith nrsi sestisedi was sailing master Of
| Duryea's yacht, or and on. several years; he
haotuaDy carried weaDons; when he was under
violent, very much SO; nave seen him under the
! influence OF liquor; never talked with simmons
| about giving TINS st.mony; talked about this
! with Dr.. Ray; he did not say It would be to my
advantage 20 come here to testify.
| George Costigan testtned-I saw Mr.. Duryea one
Pntietins Hovey tesriaed-I have known Mr..
Duryea since 1856; when In liquor ne was desper-
| ate man his reputation was that Of bad and
| dangerous man in fauOr.
! ATrEMPT TO PROVE SPECIFIC ACTS OF VIOLENCE.
Here the defence offered evidence OF violent acts
by the deceased to establish his character as bad
( man, but the Court ruled It out
Mr.. Graham cited the ruling Of the Court Of Ap-
Judge Brady-I have read and examined 1t my.
sell, and wrote an oP,nlon on It. nave been
Mr. Graham said the defence charged that the
| deceased forfeited his lie by his own misconduct,
and they had right 10 prove his general caarac-
| ter. The defence went on to argue that the vio-
| with proof to be offered that the deceased was q
| practised Oarsman, addicted TO aquatic sports a
practised pugIst. who circulated on mis- muscle.
So that when he put his first on the prisoners ACE
the prisoner a. once knew he was unable 10 cope
! with him without weapons, and a man Ike Sim
mons, tackled by q man IKE Duryea, was immedi.
| atey thrown upon the defence.
Judge Brady saId the testimony ofYered would in
| whether Duryea was right or not III what de did
The Courts admit general reputation, and that in
his opinion was the man premise and the specific
Guided ~ to specihc acts not connected with the
| prisoner.
TESTIMONY FOR THE DEFENCE RESUMED
| Patrick Mcclellan testified that he was &C.
! quainted with deceased and knew him to carry
weapons, and that he was violent and abusive
| when drunk.
Jesse smith, who has charge Of the Aston House
BLIZZARD rooms, testified tnat he knew deceased to
! be o ''mussy," troublesome kind OF man. fond OF
putting up Jobs, getting into quarrels Duryea was
about five feet eleven inches.
| TO Mr.. Phelps-he Was very slender man; not
William p. Asnman, recalled. testified that the
Judge Brady-Wnat did You ever near MIN saV "I II
! anything, about his strength A. | never heard
hun boast OF his strength. but he was always ready
| for a row.
Mr.. Phelps--who asked for that question, What
| did you come here iOrf
Colonel FeLows-Excuse me. He is our witness
Mr.. Phelps-lt is very evident that he is your wit
| ness.
Mr.. Ashman-Excuse me, sir, If have said any.
thing wrong. / thought was to tell about his
George f. Perrin testified that Duryea's charac-
ter Ior violence was as bad as that OF any in
Brooklyn; ne once heard him say .'he didn't think
any man could get away with hum that looked like
him."
Mark Mcguire Sun reporter testified that he
! knew Duryea; saw him q good deal around bar
rooms; saw him fight pretty good man; con.
u
Cro5s-examined by MIR. Phefps.-Q. He was a
| was so much in his favor.
q. didn't ask you tnat; he was a slender man {,
| A. He was muscular man; yes, he was q slender
man.
Q. You may go; when I want you to make a
speech win invite you here. A. Excuse me, sir,
Mr. r' Pseips-it is pretty evident that you are
doing the best you can.
Colonel Feows-I must object to this The
Mt anQ haQh al
our witnesses.
Judge Brady-He has right to sneer ct your
witnesses unless they only answer the questions
Dr. Amaple testified that he examined the prts-
oner the night he was brought to the Park Hos
pttal, and ound he had an ankle dislocated and
one OF the small bones fractured. and there were
five small MARKS on the throat, three at on side
and two at the other; next morning found the
prisoner abOrlng under hoarseness and iniamma-
ton OF the throat, which, 10 AL probability, was
caused by external injuries.
Mr. Pheips--What were those spots the
throat? describe them to the jury. A. They were
ecumotic spots; ecumosis il simply extravasa ton
OF the blood, caused by fracture OF the small blood
vessels, leaving the blood to settle under the skin
and cause dsscoloratlon, the degree OF which de-
ponds on the vascularlty OF the SKIN.
DR.. James X. Wood. who also attended the
prisoner, testified to his having fracture Of the
tbia OF the WORST cases OF II that witness ever
saw; the fracture was one OF the worst he ever
saw owing to the fracture OF the ligaments. The
oaed asks Tss
nearly torn through, and II 1t had been he would
p W. ostrander, President Of the Brooklyn Club
proved tnat the general character of Duryea was
that OF vio.ent man when IN liquor
The Court here took recess.
After recess Henry Boyle. who used to be en-
ployed on DURYEA'S yacht, testified that he knew
him TO 90 armed; Duryea was "ugy" when under
the influence OF liquor.
Luther Smith, superintendent Of the Union
Ferry Company BROOKLYN, was called TO prove that
on one occasion the deceased drew a revolver and
reckIessly fired around room where several peO-
pie were The testimony was excluded.
Police Captain Speight testified the character
Of tie deceased 10 have been that OF quarrelsOme
man; the prisoner was considered among his
friends as an extraordinarily peaceabe man; wit
ness was in charge of the police boat at Bayonne
regatta in 1872.
An offer to show that on that occasion the de-
ceased attempted with his propeller to run down
the yacht OF his opponent which was going to beat
him, was excluded.
BENJAMIN Wood testified that he knew the char.
acter OF the prisoner to be that OF quiet man
extraordinary good character; did not know about
Dr.. Henry ]. Quackenbush testified that he had
been long acquainted with the accused and gave
him the character OF remarkably quiet, amiable
man.
Daniel L. Petty testified that he knew the &C
cused; all having anything to do with race horses
knew him, and his character was good.
Joseph Elliott gave the accused the character Of
q peaceable, quiet man knew the deceased also,
and his character was not good among gentlemen.
Chester Lamb, George b. Alley Robert Bonner
and JOnn McCool all gave the prisoner good char
acter.
the prisoner fourteen years, and regarded him as
peaceabe, orderly citizen.
The following additional witnesses also testified
TO the prisoners good character:-M. Bell, william
ii. GRAY, M. Cohn, w. Radiord, julius Hiburn G..
II. Conen ana George Ii. MiddlebrOok.
William Bell, tailor, Was called to prove that the
deceased used to order pistol pockets, but the
testimony was excluded.
TESTIMONY IN REBUTTAL.
The above concluded the testimony for the de-
fence. The prosecution then called some witnesses
in rebuttal.
Matthias Clarke, carriage builder, testified that
he knew deceased TO be a quiet man; never knew
him do bad act and heard Of many charitable
one ; never saw hun while under the influence Of
liquor.
Francis v. Martinale, Port Richmond, s. l.,
physician aud surgeon-f knew deceased in his
lie time; knew his general reputation as peace
able citizen; he was always regarded as O GENTLE
man, peaceful and quiet; never knew him other
wise.