New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-10-27
THE NOE MURDER TRIAL.

THE TESTIMONY IN THE CASE OF JOHN poiAN
CLOSED CiRCJ MsTANuM EVIDENCE AGAINST
THE PRIsoNER--AN ATTEMPT 10 PROVE AN
ALIBI.
A Jury having been obtained on Monday,
and datory plea Of the prisoner having been over
ruled the actual trial OF John Dolan for the murder OF
James H. Noe on Sunday Aug. 22, begun yesterday
before Judge Barrett in the Court of Oyer and Iemncr
The Jury the prisoner and his counsel (exJudge Curtis
and WIN. +. Howe), and Mr.. Phelps and Mr. Rodman on
behalf OF the people, promptly In attendance Tie
room not crowded.
Assistant DstricAttorney Rollins stated the case Tor
the prosecution recing the welknown facts that MI
Noe. coming down Sunday morning to his broom
factory ON reaching fourth story found man enter
ing through the scuttle questioned him, was answered
defaty, am thief" grappled with him, being brave
almost to the verge OF rashness, and dragged INN 10
the landing OF the stairs leading Ia the scute Ihere
the assassin him the head with loaded cane
Mr. Rollins described the subsequent struggle, In when
the assassin struck MI Noe with PANTHEON again
and again. dragged him dark corner and bound him.
He spoke Of Mr.. Noes subsequent DEATH anh related
how slight clews, the matter had been drought
home to prisoner II Dolsn the man who struck
Mr. Noe that morning 1t murder In the hist degree
He was committing burglary-n the actual commission
Of crime-and whether he intended to kill or not was
under the recent law guilty Of murder In the highest de-
gree aside from that the assassns words air ne
had bound Mr. Noe and made him helpless showed de
libcrae intent which within the more popular ueh
milton of that crime.
The fret witness called tho wife OF the dead man,
Ann L. She testified that the morning OF Aug -
she gave her husband his watch at their house IN
Kingst The watch pledged ny Dolsn was the watch
she handed her husband She saw her husband heh'
at tho hospital at o'clock His first words to her were
am glad to see you; did not expect you wouid 'cc
me alive" Mrs Noe proceeded to detail her CONVERSE
ton with her husband when objection was nteposed
chm b,d shn al her husband
diate eNpectaton of death, and rs abe was evidently
suffering severely from suppressed emotion, shc was
withdrawn from the witncssbox.
Charles H. Halscy y son-in-law Of Mr.. Noe. testified
that ne was the frat the family to reach Mr. Noe at the
Chambers Street Hospital Mr. Noe told the story OF his
struggle with the assassin describing his assailant as
man OF fair complexion with dark wlitkers. his hair
being concealed by hat hut probably beng dark ana
short he was about the size Of the witness when CORE
spends nearly with that Of the prisoner.
Della Ward testified that she the prisoner In her
room about 6 a. m. Aug d. with Mary Reed; he went
AWAY and returned between and 10 u. and went 10
Mary Reeds room; he wore dark drah coat buiioheu
close through IL warm; he remained in the house
about half hour the witness next saw him about moo"
that day; she had noticed that he carried loaded cane
like the one produced in Court which discovered III
Mr. Noes building ait cr the murder hut il broksn
When Lr Lad it, She never saw hun with that after
the murdcT The wines heard ~. convention "h
would have to leave the city on Monday.
Mary Reeds testimony corroborated iny that OF tle
last wines. She confessed that she lived with Dolan
Afrr Dolin returned from his nothers. where he had
gone change his clothes on SUNDAY morning Aug ~
he gave her 81, saying he had made raise and mast
leave the eU. She had seen white six handkerchief
with blue border in the prisoners possession; IL vas
like the with tch Mr. Noe had been gagged Doan
she said. wore small whiskers
John H. Welsh, iewcler identified the watch and cham
watch bore hs, private marx. Aaron BLACK, who
ing Mr.. Noes watch nom Doah between and O'Clock
on the morning OF Aug 20 lie gave hiii 500 ior the
VAIN "t oscpS r. pcss"y Gcscred IN detail the
manner Of his arrestlng Dolan.
some other testimony Of minor importance was given,
and the prosecution rested aud Mr. Howe opened Tor the
defense which substantially an attempt 10 prove an
ths at the lime of his arrest NJ lived al No % Baxter
IT. He remembered taking Mary Reed 10 No i3 l'owery
S Is nnpdrchs % saloon about $50 a. H. lie
had on black alpaca coat, black trousers, and
drab vest, with "cAcck Jumper instead OF
shirt He re ned to IIendicksons. where hc saw sty-
erll persons, aud went to his mother. between and
a. M In about hour and a haf he again re- IL ntd
He tnen went to No Al Bowrry to inquire after girl
named Casey Thence he went bach TO sre Mary Reed lie
had T2s with him Alter remaining ahoat 20 minutes he
weat IIcndrck again. and thence t"Ns Margaret
Cnsey Win %non nG gs VIM th ratc
which produced ~ court rom man whom nc h;W
watch bnt only received SIS with ticket. Tho ticket
and money with the eXcepiiOnoi so FOR himself he gave
TO Thompson who waited for him opposite Blacks store
He read that same night Of Noe murder but after that
paid no attention To IT, On Aug. u, - and ~; he did
not believe he within half lnlc OF Noes place. he
had nc, cr seen Mr Noe attacked him, never
in his place Of business; ne hal only cIe white SIX
handkerchief with blue border the one now IN his pos
session. he never had like that produced IN court
The prisoner, under District torncy ROllnss cross
examinations contradiced himself several times, though
he sustained the examination with much skill anh fadi
ness said that Friday. Aug 20 he received three
weeks uayS36. lie intoxicated OF saturday night.
Aug IL and did not know how or where he spent the
night had shaved of his mGstnchc and side whlSkerS
since Aug. y, and could give no reason why lie dr
cnpd 20 answer where lac procured the clothes he u
wearing because do would rriuinaie himself. lie
said thai he had often had transactions with Blk who
was receiver of stolen goods lie has been In he Penn
Tertiary once on "a charge OF grand larceny on DOidss
Ixpress Company, and disc harced on Feb 49, 81
Alter a recess, the defense called Margaret casey
who testified that the prisoner had lived with her
and met Der several times on SATURDAY evening,
Aug ~ Bartholomew Sweeney, a night waiter III "a
Bowery can. testified that sunday morning.
Aug 10 about O'Clock. Dulan aided in putting ont of
his saloon Margaret Red who was very drunk, ana that
ahnuf o'clock while waiting for friend h Dola,
who said 10 him, % look like torn Yalsf." Superi-
tenden Walng recalled for IA lew bricf questions
and the testimony closed. ON the request OF cA-
Judge Curtis the summing up was adjourned to today
az 10 O'Clock.