New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-16
THE COURTS.
DEFENSE IN THE SIMMONS CASE. b

DEFENSE IN THE SIMMONS CASE. I'D .
AN ATTEMPT TO PROVE THAT THE MURDERED NAN
STRUCK THE FIRST BLOW.
The proceedings in the Simmons trial, in the
Court Of Oyer and Termner, before Judge Brady, on
Saturday we're effort the part Of the defense TO
establish that Duryea the murdered man the assa
ant; and that simmonss terrible act, with lite fatal
result strictly justified by the threats made against
his lfe the reputation Of his assailant and the nature
Of the assault itself The opening address for the de-
Tense, by Mr.. Fellows, was regarded ~ an unusually
able, forcble and effective effort Col Fellows, after
crcising briefly the testimony OF the witnesses for the
prosecution and claiming that 1t had been made appa
rent that in the struggle which led TO the killing OF
Duryea the latter was assaant proceeded to unfold
the facts and circumstances which the defense INTENDED
to present before the jury and on which they would
rely TO justify the plea Of sefdefense. They would
show that months previous to the alteration Duryea
had made threats against the Of the accused OF
the most brutal aud bloody character appealing to Ms
Maker witness that he would carry out such threats
when offered. The counsel mentioned that on
occasion, when the President OF yacht club di%
pleased him. he struck him and Knocked him down. and,
being demonstrated with by the Commodore for his
conduct drew knife the latter and Threatened TO
take his life II he inerfered; that for this be was
expelled from the club, and similarly expelled from
the Bayonne Yacht Club because Of his violent and
brutal conduct particularly when under the influence
of liquor, OF which he In habtual use.
The first witness for the defense WAS Robert H. Clark
OF No. Kingst he testified that at the time OF the
homicide he employed In the Office OF Adams q Co
Of No 81 Lberty-st the floor with the prisoner
about q D. IN. that day he saw Duryea pass INTO
prisoners office; alteration followed, during which
he heard Simmons say ~ Duryea several tunes, TAKE
your hands out of pockets what have you got ia
your pocketr DuTyea then left, inviting Simmons 70
drink with him, which was refused slmnons
went down almost immediately, aud then witness
went down, hearing angry talk on the SIDE,
walk. Both men were 1uarreling, and nc neara
Duryea called simmons lar; twice ne saw W., DuT r
yeas overcoat was pushed back and witness crossed
the street the other eide thinking pistol wac to De
drawn; Duryea struck Simmons and they fell the
former top; after u while Simmons seemed 90 draw
himself ont from underneath Duryea, raise himself
little and punch him. he pulled himself from under
Duryea aud stood up, but Immediately fell down again,
eIcaiming that his ankle vas broken The cross exam
James Rooney testified that while passing through
Libertyst on the dav Of the killing he saw Summons
Daryea and after short alteration, was attacked by
him; both fell, and while they struggling he beard
lie witness then went away On crosse EXAMINATION.
said he heard Simmons say that he wanted to have
nothing 10 do with Duryea Michael Moloney and
Andrew McClennan testified that Duryea had been
drinking great deal that day. sauel MCLOugniln
testified that he had known Duryea about 10 years
and mad heard hun make threats against the prisoner
saying that be would take the whole top OF hs heao
OFF," the witness told Summons OF thus warning him to
man. and that he was afraid OF him.
James +. Quinn testified that be knew Duryea for
about two Years previous TO his DEATH he met the pr
ouer one in LiDeryst and Simmons asked hun to
drop sutnerands and have drink; just then Dur
yea up and spoke SimmOns and the latter SAID
he wanted 10 further business with him; then
Duryea slapped his hand HE nip and said he carried
persuaders for Jack Simmons; witness said
TO Simmons This man evidently means mischief, ana
Summons said. lie is bad man; am afraid OF hun"
on crOsseXamInaton, lie stated that he had known
Summons for about 20 years.
number OF the witnesses for the defense not being
present the Court then adjourned until 1880 a IL to-
day.