New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-17
THE COURTS.
DEFENSE OF SIMMONS.
THE PRISONER DECLARED TO BE AS PEACEABIE As


THE PRISONER DECLARED TO BE AS PEAcEABIE As
HIS VICTIM WAS DANGEROUS.
Spectators in the Court of Oyer and Terminer
yesterday who watched through the day the evidence
produced by tho defense in the of John T. SiDmons
on trial for fatally stabbng Nicholas w. Duryea, ms
former partner surprised at the excellent record
OF simrnonss previous life. which has been hitherto
withheld from the public. II 2 n q
The first witness called was Mr.. Fowler. who saw
Duryea day OF his death in his Naturalization 10
Brooklyn They drank two three glasses OF sherry
John LOOMS testified that he knew Duryea; on the
day OF his death. about hafpast g. in Southst near
Fulton Duryea said 10 him: "YOure the man want
TO SEQ understand you connected with The BROOM
I'm Eagle" The witness said he not Dnryea said
the paper had done him great injury and as the witness
connected with he could find out where those
articles came Duryea said he had an idea VINO
the igators we're, and he bound to LAY them
out" He asked the witness, Do know John SIM
mons; have all idea he is at the bottom OF II"
Abraham Marx. lawyer OF 40 years standing VINO
said he had known the prisoner IL II years, stated
that about tho middle OF October Duryea told him. on
ferry boat. about his quarrel with Simmons ana
said al intend to out his comb, and am the man 10
do IL YOU can tell tho intend to cut his throat
told this TO simmons, at the Sinclair House, IN Deoem
ber he said he had heard several such threats auu
did Mt propose to DO caught In q trap.
William T. Ashman. formerly carrying on business I'D
Fulton Market testified in regard TO threats made by
yacht testified regard his violence. his habit of
carrying weapons. and his drunkenness George Cos-
gan PhIletus Hovey and Patrick McGrihan. made sni-
lar statements. Hiram Van Buskirk. George e. Penn'
and Peter W. Ostrsnder spoke OF Duryea's violent quar-
relsOme, and generally desperate character
Drs. Amabie and James X. Wood testified In regard
to the severe nature Of simmonss injury Police Cap
acter OF Duryea and stated that Simmons was consul
cred among his friends to be an extraordinarily peace
the harbOr police, present at the Bayonno regatta
in 1874 and was asked whether on that OCCASION @
attempted with propeller TO run down yacn. oi us
opponent whereupOn the witness, who was tncn ID
charge the police boat Seneca, prevented him Tnis
was objected TO- and indeed ~ was only AFTER sevei1
contest with Mr. Phelps that the question was allowed
to be asked just for the sake OF the offer Az last MI
Phelps withdrew his objection to the question: Dut as
it had been asked put IN his objection as wen AZ
some undertQne comments IN regard 10 Mr; Gra
which were just loud enough for the jury to hear.
BENJAMIN Wood, DR.. Henry +. Quackcnbush, long &C
quainted With the prisoner Daniel Petit, merchant.
who had known Simmons for 10 years. Were caieu rap
Idly, and gave each an excellent character 10 tno a.
cused man, but knew nothing about the aecea'eu.
Joseph Elliott printer gave the character OF simmons
to be that of peaceable, quiet man. and that OF MS
victim not good among gentlemen.
The names OF Alderman MoDhener and Robert Bon.
voice by Col Fellows. but they were not forthcoming;
the fury allowed to wonder what they couid
livery stable keeper and George b. Alley broker, were
also called, and made out summons TO be man OF good
character. The name OF Robert Bonner was called
again and this time he answered III had known the
prisoner several years and he said empbaicaly ai ne
regard u the OF the deceased, he REPLIED not
quite forciby, however that he had heard he was
snarper suggestive smile and OF the hand from
Mr. Phelps stopped Mr. Bonner night here, and no was
allowed 10 retire from the staud ExRegister John NC
Cool and Sydney Nichols proprietor OF the Twenty tnru
ST. stage line added their testimony TO that OIL the others
in favor OF SImmons.
The testimony OF J. W. Bell, the tailor who made
clothes for Duryea. developed a new question IN the
case the same brought up the Stokes trial Dy tue
same witness, in regard to the pistolpocket Judge
Brady allowed the witness. after considerable discus
sion between Col Fellows aud the DisrlctAtorney u
fh. hfa autfgr
his pantaloons, but as he himself knew
nothing about 1t personally, his testimony went no iur
Their Justice Butler H. Bixby then spoke OF SliDmOnss
general amiabity. The first question provoked niue
humOr again Col Fellows asked II he were Ponce JUS
tice Mr. Phelps looked up from his writing aud non
chaantly remarked that the prosecution w0uld tadnt
that Col Fellows retOrted quite composedly that 1t
was the only thing he had admitted since the case
began. WIN. H. Gray, Morris COhn, VIM. III. Radf0rd,
julius HlDurn Gershon III. Cohen stated what they
knew about SmmOns's good character for general
peacea and inOcnsveness TINS closed the case
Defense and the DstrlctAttorDey called Two or
three witnesses for reDuttal. .
The then adjourned until to-day. when the
prosecution will add more evidence anu tue case VIII
rlaDs &c