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

West FIFTY second street; ON the even,ngoI sne
occurrence he was coming up Liberty street and
to be Duryea, standing on the sidewalk, the prs
oner came running down stairs, and was goihg
toward Broadway, when he met DurJs cad 'n ny
wanted to go home about his business; DufyeS
said, Il lent YOU $4,000 Simmons said mo, !
paid You back that and :" the two men ~ere
cursing eacn other, and Duryea MADE gray ~
the prisoners throat with the lett hanu anu 81. uon
at HIM with the night ana ,ney e damn ann Won let
me up You broke my ieg;' ne saio s, m d.
voice, as II choking; alter while s' mra a, aud
geo himself from under ana stIucA ~ ooAJo" ""~
got up and tell back into the gutter.
TESTIMONY OF MICHAEL xoLONEy.
Michael Moloney testified that on Tue uay Vi thc
occurrence he was in the Franklin House, near the
Fulton ferry, BROOKLYN, ana saw Duryea IaAe
drink a. the bar about SIX o'siocs sxu
TESTIMONY or ALLEN n SMITH.
Alien R. smith testined he is employed on the
Fulton ferry boats; he saw Duryea cross apou.
six O'Clock to the New York side; he had his mead
down and several persons were around him.
TESTIMONY OF ANDREW M'CLENNAN.
Andrew McClennan testified that he had been en-
gaoed In business with Duryea; on the day Of his
death saw him at the office about twelve O'CLOCK !;
they crossed the Fulton ferry together. and sepa-
rated after taking drinks at Mr. NJ Fowler's;
after this they went to the Franklin House, where
Duryea drank whlskey and two at Mrs. Hooks;
drinks OF whiskey there, and after that had oysters
and ale about twenty minutes TO seven witness
parted from Mr.. Duryea, who was then under the
influence or liquor; before they parted Duryea
said he was gong to lodge room in Broadway.
0n cross examination witness admitted that ne
also under the influence OF liquor at the time.
Duryea sand there was an election Tor Master IN
his lodge that evening.
TESTIMONY OF SAMUEL M'LAUGHLIN.
Samuel Mclaughlin testified that he knew Dur
yea ten years; in September he was buying brood
mares for Mr. simmons from Mr.. Lang; he
and get your cheek :" Mr. Duryea came up and
SAID, "wnat SimmonsY' witness said, WHATS
tnat TO you " Mr. Dnryea said That headed cad "a
his head or; witness told Mr.. simmons; In q
few days after he saw the prisoner in the Hoffman
House and went up TO him and said John, you
look out for Nick Duryea; he is going to take the
whole top or your head Ofr'' Mr.. simmons said he
was bad man ana mat ne was ara OF a
he was going to take his head on 1t was his head,
not his hair; came down from Orange county
j am good deal IN the horse business, you know
can't say that will come down in the Scannell
case; are you through with me nowY
TESTIMONY OF JAMES F. QUINN.
James F. Quinn testified that he met the prisoner
one day in November in Liberty street. and Sim
mons asked him TO drop into Sutherland's and have
q drink just then Duryea came up and spoke to
Simmons, and the latter said he wanted TO
have no further business with him; then
said he carried persuaders for such men as
Jack Simmons witness said to simmons, This
man evidently means mischief" and simmons
said, ale Is q bad man am AFRAID OF bim;'' some
days after Simmons invited witness into Suther-
in, and Simmons, as soon as he noticed him,
walked out, and told witness the reason was that
he wished TO avoid Duryea; they went to Cassels 8,
In Broadway, and had their drink there.
Crosse xamined-I knew Simmens twenty years
first met him on the Pacific coast; l am in the
real estate business; my letters are received
through the kindness OF friends at No. So Broad
way; ! dispose OF lands OF my own; own property
IN Jersey and in Missouri; did not dispose Of any
else's property; have had no ONCE OF my own
for the last six years.
The Court here adjourned tin hafpast ten O'Clock
tomorrow morning. The Jurors, meantime, were
sent TO the Aston House under the direction OF
officers.