The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-14
THE SlNNONS-DURYEA TRAGEDY.
CONTINUED PROM EIGHTH PAGE.

scribed ike preceding witnesses. He saw Sim
mons assisted into Sutherlands restaurant by
Striker; at Sutherlands, In the presence OF the
prisoner Striker spoke IN boisterous tone OF
voice. and said there were two men walking down
the street, and some one had tried to knock them
down and rob them, or something to that effect.
TESTIMONY OF WILLIAM HAYDEN.
William Hayden, another eyewitness, described
how the prisoner held the other man down with
his lett hand and struck him on the head with his
right hand the man down cried, "Damn you, let
me upl" the prisoner raised his right hand again.
and this time it held something gittering, and
struck the other man again.
TESTIMONY OF JOHN KERNs
John kernS testified to finding the knife In the
cellar.
TESTIMONY OF PETER pURYEA.
Peter Duryea, nephew OF the deceased, was next
examined and testified as ioows:-I reside on
Staten Island have no business now, but was In
the lottery business at the time OF the occurrence;
che deceased was my uncle; about I'VE weeks
before the occurrence Mr.. Simmons spoke to me
IN Liberty street: he said, 'rhis is pretty rough;
Nick Is taking away all the business from me;'
said didn't think my uncle was in the business;
We went to Sutherland's and had drink ne SAID,
VIM mt the roof OF the head rom tnat son OF
o-h;" l said l didn't think man that coulu
talk that way would do anything; he SAID II
he didn't he had gang that would. -,,. -,
Simmons ohice No. 81 Liberty street; was walt
ing for the lotteries to come in to his oce; was
threat; tn thew pa9 Iormerv been IN Partnership
and had been in their employment; can't say
that simmons knew Mr.. Duryea was my uncle;
was in their employment at the time the sale In
the office was robbed; knew man named LOCK-
wood, who was sent to State Prison; don't know
what became OF the $40 IN pennies carted OF by
the burglars; Simmons appeared under 'the in
f1uence OF liquOr the bartender was present; l
can't say for certain that he heard the threat;
don't know who he IS; tried to find him and
couldn't; the threat was "Ill hit the roof on that
son OF BIS head he shall never live to ENJOY the
money!" my uncle was in the lottery business
week or so before the homicide.
z. Have you been out or the country A. Elk
plain what you mean.
Q. Do you know what your country is? A.
America
A. 1 was IN New Jersey (ROars OF laughter.)
Colonel Fellows here asked a question feiatiVe
to the business of tue deceased, and the witness
Judge Brady told the witness he should answer
all the questions the Court allowed. or he would
me defence here offered TO prove, through the
witness, that the widow of Duryea drew an inter-
est on her deceased husbands business immedi-
ately after his death, which covered several
months, but the Court ruled 1t out.
In reply to further questions by Colonel Fellows,
the witness said he did not think there Vas any
danger the threat would be carried out as he
knew Simmons to be very quiet man.
Colonel Fellows went on to ask witness had he
been anywhere else out OF the city besides Jersey2
Answer-I was in White Plains.
Colonel Fellows-lt Is quite evident you don't
want to tell, and don't care to know.
Witness-I don't want to tell every one my busi-
ness Tor you.
TESTIMONY OF FRANK LEROY sArERLEE.
Frank Leroy Saterlee, police surgeon, testified
that he examined the prisoner and found he had
dislocated his left ankle and one OF the bones
was orokeu. ne saiu ue tnouent IL was aone Dy
blow oil club Witness remarked that couldn't
be, as there was no external mark. Then the
prisoner said ne didn't know how it happened.
The injury ought to be entirely healed inside OF
four months.
TESTIMONY OF MATHEW CLARKE.
Of1cer Mathew Clarke testified that on arriving
at the restaurant and seeing the prisoner all
bloody he asked. Who did that The prisoner an.
Bwered that it was some man who wanted to rob
him, and he begged not to be asked any more
questions as he was too weak and nervous to
answer.
This closed the evidence for the prosecution, and
the Court then adjourned.