The New York herald., 1875-12-10
NEWLY DISCOVERED EVIDENCE.

While Judge Barrett was presiding yesterday at
Special Term Of the Supreme Court and the midst
OF hearing testimony in bewlderng real estate suit
exJudge William E. Curtis came rushing into the court
room in breathless haste followed by the well known
Deputy Sheriff Mark flanagan, and two young men not
SO well known
''lf Your Honor will allow to interrupt you
moment" said Judge Curtis, in his peculiarly bland
but impressive style, addressing Judge Barrett u have
animportant application to make TO You In reference
TO Doan recently sentenced to be hanged by Your
Honor for the alleged murder Of James H. Noe. Unless
something ntervenes that awful sentence 50 soemniy
but conscieniousy pronounced by Your Honor VIII be
II will listen to your application" answered Judge
Barrett
Judge Curtis thereupon passed up 10 Judge Barrett
the subioined afhdavits remarkng that the persons
making them were then present in COURT
@ and County z Ne io ShS "a Sas.a SarTs irsst being 4 dIy
city Of New York and does business a. the same place
nar % 70 MS arrest o tie murder Il Nc Noe said Bon
the ho. Of coming into Psse and that
lans features Deponent remembers well the time Of the
tragedy newspapers Deponent further says that he
the SAID D0sa On 'es so morning Of e,sSs the
that said posn came into s scs ABOUT sapas
says that Doan entered place greatly
der the influence Of liquor Dolan drank Aye or SIX tines IN
past eight o'clock the morning Of the murder Of Mr.
o'clock the evening before then ntox
Gated condition. Doan had with him then with
helmet the top and this is the only dcponent
with Dolan.
Sworn to before me this 7th day of December 1875.
GEO. r. JAQUES, Notary Public New York county.
The affidavit Of James Connor, No 81 Oliver street.
is to the effect that he drinking with Doan in Bar
retts saloon, the morning OF the murder, from half
past six TO eight O'clock and went away at eight ocl0ck
A. NJ, leaving Doan after him, carouslng
''Ths a matter Of life and DEATH said Judge Bar
rett after he finished reading the aidavits; ~ will
drop everything else and attend TO the matter at
once. y
Judge Barrett Immediately left the bench and asked
that the parties making the adavits be brought before
him separately for private examination He cross.
questioned each OF them at considerable length, but
neither deviated from the statements contained in the
respective afidavits.
Meantime Judge Curtis had told Judge Barrett that
the of his hurried application to him a
promise on the part of Governor Tden, To whom he
had just previously applied for respite, upon the
strength of the newly discovered evidence contained
these aidavits that he would grant such respite in
he Judge Barrett would certify that IL would have
been material evidence If submitted at the trial Judge
Barrett stated that certainly would have been mate
rial and be would give certhcation TO this effect, but
he would be obliged TO certify further that It d.
recty contradictory to the evidence given by Doan
himself and that OF Sweeney, his principal witness.
Upon this the parties left the Court House.
Barrett and 0'Connor, the parties making the ail-
davits both young of respectable appearance.
Mr. flanagan says he knows them both very well, and
that he feels confident that they would make any
statement contrary to the truth.