The New York herald., 1875-10-27
THE MURDER OF JAMES H. NOE.
Second Day of the Trial of
John Dolan.
A WOVEN WEB OF CURIOUS CIRCUMSTANCE.
That Tell-Tale Cane, the Watch and the
Bloody Handkerchief.

~~---
murder of James H. Moo was shown in the large
crowd in attendance yesterday morning on the re-
assembling OF the Court OF oyer and Terminer, a
crowd in fact large that hundreds had to be turned
away unable to obtain admission. The prisoner still
wearing look OF bold confidence, sat by his counsel
Messrs VIM r. Howe and ex-Judgc George NJ. Curtis
Conspicuous among the spectators the mother OF
the prisoner poorly clad and decidedly humble in ap-
pearancc; but strkngly in contrast the widow OF
the murdered and her daughters, all dressed in
deep mourning and the looks OF each betokening
vacant chair their hearhstonc, tho sad memory OF
which could be e0aced. District Attorney Phelps
and Assistant District Attorney Rollins conducted the
prosecution.
PROSECUTION.
Directly following the opening OF the Court Mr.
Rollins proceeded to open the He spoke at
siderable length and with great earnostness Going
over the details of the homicide and painting in vivid
coors the of that terrible encounter he reced
In minute but graphic details the chain OF crcum-
stances by connecting tho prisoner as he in
sisted with the murder, and which, he felt assured
roud only result in his conviction of the fearful
charged against him.
THE TESTIMONY MRS. NOE.
The first witness called for the prosecutionPwas Mrs
Noe tho widow of the murdered man. This witness
/ sad faced woman gave her brief evidence in a way
that have deeply touched the hearts OF nearly all
present Several times she ovcrpowercd by her
feelings to that extent that she was obliged to
stop. Her emotion strongest the cxhib
ton to her of the watch and chain formerly
carried by her husband. She testified that her
husband left their house about three O'Clock the
morning OF the murder; he wore as usual his watch
the watch shown her his watch; she her hus-
band after the injuries inflicted he ncvcrAad any
ham cf In axhi ifad IN bo
white handkerchief with blue border with which Mr..
Moo was gagged; she her husband at the hospital
he told her he expected TO rccovcr-that he had
been murdered that he had been bruaIy treated and
would not have his reason but a short time.
TESTIMONY OF SoE-fN-LAw
Charles H. Housey testified that he was SON in law
of Mr.. Noe; that he saw him after he had been
saultcd about halfpast nine O'clock at the Chambers
Street Hospital physician told him that he must not
talk to him, he wanted him to sleep; Mr., Noe said
he wanted Mr.. Sealy, who his attorney and asked,
rangemcntsY go and get ink and paper; he answered
him that il nc wanted TO make WILL he would like him
to have somebody else present outside OF the family
Mr.. Noe said he didn't expect he would him alive,
as he late; he added that ne had been robbed
and murdered by'a burglar in the store he didn't
pect to recover he made for his funeral
witness told him not talk he said he must talk then,
he would not have his reason long Witness further
testified that Mr.. Noe had said that his assaant took
something out of his sleeve and struck HIM said the
man had light clothes, white complexion and dark side
whiskers dark and short hair; thought he was about
twenty five OF and had bulldog appearance;
he said the assassin him with jimmy asked
him for the keys of tho safe and said, Damn you,
will finish you
Judge Curtis examined the witness and brought
out the fact that Mr.. Noe had described his
nssailant as five feet five inches in height with
dark whskcrs, and that he did not know tho cane
shown him.
COURAGEOUS WOMAN
Mrs Catharne l.. Harris the next witness called.
She testified that she lived next door to Mr. Noes fac
tory the Sunday of the murder she heard cry Of
sMurder Tor Gods sake helpn she spoke to her hus-
band about and he said perhaps twas drunken man;
she heard the cry again and went and listened she
went the top OF her house and slid down to the roof
OF the brush factory she did not find the at once
but seeing the scute open concluded he must be in
side; the store dark and with great difficulty she
found Mr.. Noe In a remote corner of the room down
stairs bound and gagged and with terrible wounds on
his person. unloosed him, and being able to walk
she opened the door and they walked together down
TO the street, whore she found policeman, who took
him to the hospital.
Officer Johnson the next witness testified that he
took Mr.. Noe the hospital and then left him in
charge OF the officers OF the institution.
The Court here took recess until half past one
o'clock.
rmE PosT-moRrEM EXAMINATION
Dr. Cushman testified that the 9th day OF August
last he made post-mortem examination of the body
Of the deceased he found on the head large wound
three and half inches in length and he also found
four other wounds; the skull split from the back
OF the head down TO the socket OF the eye; he ex-
amned the body internally, and found the deceased to
have been healthy, well developed man; in tho
opinion OF the witness death resulted by Inflammation,
resulting from the wounds he received.
A BLOODY PAINT IRON.
Mr. Penego testified that he visited the paint factory
on the morning of MURDER and identified the paint
iron said to have been used by the burglar when he
struck Mr. Noe; he picked up himself IL was stained
with blood when he found it.
MONKEY HEADED CANE
Della Ward was the next witness called She testified
that she lived at No. 43 Bowery, Smiths Hotel she
the prisoner the I'D of August the day before
the murder, about six O'Clock; Mary Read also
there; Dolan took Mary Read to her room; Doan said
'Pcase let Mary stay here till back she stayed
there about an hour Dolan went right away; Mary
afterward went to room 8, on the same floor; Doan
rame about halfpast nine TO room 81 he was then
dressed in dark drab coat; did not remember what
kind Of a coat IL was; thought IL was sack coat he
went from room to 5; Doan stayed in the house
about half hour she saw him again on Sunday; was
then dressed dnerenty had white vest; had
known John Doanor three or four days before; Dolan
in the habit of carrying cane; he had cane with
monkeys head on IL; the SHOWN her similar
70 the one Doan used never saw him have with
monkeys head after the 22d OF August witness heard
conversation between the prisoner and Mary Read he
said he had made raise and would take room for her
on Monday.
Cross-examnod-she slept in No 43 Bowery tho
night before the Sunday she met Doan between Grand
and Hester Streets she had room at No. 43 Bowery,
but did live there had occupied tho room before
Doan had left about half past six O'Clock that morning
she had watch clock, but judged by the daylight
James Lynch testified that hc found the monkey
headed cane near the scute OF Mr. Noes factory; the
cane which had been exhibited TO the previous witness
he identified as the ono he found he gave the cane
Abraham A. Andrews who being sworn testified that
be gave II to Charles f. Firmin who testified that hc
gave II to Police superintendent Wallng. On being
sworn MT. Walng identified the shown the one
given him at Police Headquarters.
NOE's WATCH.
While there was deathlike silence In the court room
listening the evidence about the cane there was IL
possible a deeper stiffness when the testimony was
given to show the connection of the prisoner with tho
possession Of Mr. Noes watch and chain. The first
witness ON this branch Of the case AaroR Black
who keeps loan Office at No SO Chatham street He
testified that between eight and nine O'Clock tho
morning after the murder Dolan camc his place
and asked loan OF $50 Mr. Noes watch he idcnti-
acd the watch and chain shown AS the ono brought TO
him by the prisoner; he gave him the money and the
prisoner left
A DETECTIVES STORY.
The testimony OF Joseph H. Dorsey, police dc
tcctivc which followed, explained how suspicious OF
the murder fastened upon Dolan, and bow upon such
suspicious he was arrested On beng given by Mr..
Black description OF the pawning the watch, his
suspicious directed TO Dolan as the party.
This the 4th OF October. He then told how no
managed TO see Dolan, ard have Mr.. Black
also him, but with no suspicious
tho part OF Dolan OF his knowing Mr Black. He had
known Doan for long time, and pretended that no
knew man who would give him good job. Finally,