The New York herald., 1877-03-03
COBURN IN CHANCERY.
How the Prosecution Broke
Down His Guard.
THE FINAL ROUNDS.
The Referee Disregards His Una-
pres Exceptions.

pres Exceptions.
While jury, counsel and audience awaited Judgs
Sutheriand's arrival IN the Court OF General Sessions
Yesterday before Coburn's defence resumed there
was low hum OF of.convcrsaton, the principal subject
Of which was not coburn, but the Presidential ques
tion. Still there atmosphere Of apprehension
about the defendants friends for it anticipated
that in the of the days proceedings evidence Of
a nature wholly contradictory of the statements o
witnesses the defence would be introduced in
buttaL And SO It was rs Will bo seen further on. AN
the evidence both sides was submitted, and
day the case will bc given the jury whom counsel
shall have summed up and the Judge delivered his
charge
SPOONFUL BLOOD.
Mr. Brooke first called Captain Williams to the
stand. When sworn the Captain produced his sblot.
tern witch is a record Of police duty in the Twenty
ninth precinct and by its aid explained how his men
distributed the night Of the shooting. To Mr.
Rollins witness said the pistol produced In court was
handed by Roundsman O'Neil to the sergeant when
Coburn was brought into tho station house, and It
then passed into his possession. Tne Captain identified
the bullets taken out of the arm OF Tobias and the
clothing of Tobas and Jerfles When Coburn
brought to tho station house witness thought that
there was not than spoonful Of blood on his
clothing Nothing was done him in tho station
house to Increase his injuries In the morning alter
the arrest Coburn had difficulty with the door,
man IN his cell when ho entered to ask Coburn TO
come out TO have his wounds dressed. Then the
Captain himself entered the cell and pushed him out,
using force sufficient that purpose but not striking
him. Olicer Tobias was sober leaving tho station
house After describing the posts Of the officers pres-
ent tho tho Captain was permitted to leave
the stand
Then officer Tobias recalled and denied that he
drank any Intoxicating liquor that evening.
Ocer Jernes recalled also and told what oniccrs
were present at tho arrest
Hiram b. Ferguson member Of the Bar said no
was walking up Broadway from tho Hippodrome
the parties afcrward engaged in the fight were walk
ing down broadway, near Thirtythird street. sawa
policeman strike man with his club and knock him
down. At the time another officer ran across
the and struck the man also Witness saw three
struck but followed tho officers TO the station house
and learned tho way It was Coburn. Heard shots
nred, but not until after the clubbing.
MR.. FERGUsoN's CLIENT.
Cross exa amined-Has known C0burn twenty years,
but has only been acquainted with him ABOUT nve
racing partcuary also took some Interest IN athletic
sports few years ago. Has practised law IN all the
courts and has donc business for C0burn. Did
not SEQ any pistol flash that evening. Saw C0burn
struck twice and saw -four blows struck altogether
Ddn hear any the conversation before he saw the
blows struck. Did not say "Don't Shoot Joe, or use
any similar
On the re direct witness said that while speaking
Captain Williams the station house about the shoot
ing the Captain said. at served the policemen right
to get shot They had no right to bring man ike
that alive to the station house They ought to have
killed him.
Mr. Rollins lin an undortono)-I think that's good
Jeremiah Enright, hostlcr, testified that ne
broadway, going homo to his residence In Thrty-Afth
street IRON the Hippodromc, on the night Of the
shooting His testimony was also 70 the effect that
Coburn was clubbcd before any shot had been 0red.
lie did not who fired tho shots
On being cross examined Enright said he had been
twice arrested for being drunk. He could not tell
tcrcsed IN mock auction stable in Twenty second
street which tho police had broken up
THE HACK DRIVERS STORY.
Thomas Dgney, No. 341 Spring street, testified that
he drove tho hack which stood In front OF Coburn's
the night OF the trouble. Ho testified that tho
officer put his head at tho door asked for Lynch.
but did not say any thing about hack He went away
because OF the row. On his way down Sixth avenue,
while Coburn bcng carried to the station house,
he said he s'coud betns OF clubs" but did moi
know ..wko got belted."
Gross. .cxamined-He had his employer the box
with MIN going 10 and returning from Coburns Had
left his horse standing outside with blanket on MIN,
knowing he would not run away.
Two OF st0rekeepers about the corner at
which the shooting occurred called and testified
that their closed long before the time Of
the assault
DR. Satterce described the character OF the wounds
all tho persons concerned In the affair, and recog-
nzed the bullet taken from the arm OF Tobias An ex
cepton was taken to the manner OF presenting this
witness testimony tho ground that II shou1 have
been introduced by tho prosecution OcIoro the defence
Michael shaughnessy, called to prove tho distance
from the corner Of Broadway and Thirty
third street 10 the northeast corner Oh the sac stree
said II was 1z2 feet
Charles P. stenbcre, called to testify at what time
the Hppoprome closed tho night Of the assault sald
| about lftecn minutes alter twelve.
| recess then taken, and ut Its termination Mr.
Rollins called James Byrne to the witness stand OBJ
lection was also made by defence against the intro
duction or his evidence on the ground taken In the
OF DR. Satterlec The objection was overruled and
an exception taken.
Byrne said he was employed as a carver at Parker's
restaurant and was gong home just as the trouble
| commenced He heard loud talking on the opposite
side of the street, and going over from curiosity.
heard Coburn repeatedly call the officer offensive
solicitation of friends he back to his saloon. but
came out again and assaiied the officer, who replied,
nv dn.y and nothing else Then Coburn ordered ,nc
cabs away from the door and went In. AS he did so
the officer told the crowd to disperse, and as they
away he put his head into the saloon and sai,
al want this door locked. lie then moved down
toward the corner Of Thrtythird street with stout
young man, with whom he converscd while. Wit
ness, thinking the anray over, went down 10 Thirty
third street. and officer running across right in
front OF him. This officer joined those the corner
Looking toward the the witness saw Coburn
clear from the crowd and backing toward his own
| saoon. Tobias moved toward the sidewalk. Then a
shot was lred at Tobias Saw pistol until after tho
second shot Then Coburn moved into Thrty-third
street and fired thrcc shots more. Then witness saw
a pistol in Coburn's hand. Alter the shooting tho
second officer (Jernes) grappled with Coburn and
while they struggled Tobias rushed In and Coburn
went down, with Tobias on top
| ssfLL SMASH you NOSE"
Cross-cxamned-Dd not know Tobias until that
night First the officer in front OF Coburns, and
said, after hearing the LOUD talking "Offcer, YOU
have taken up with good doa from that man. "
Knew Coburn by appearance Couldn't tell who ut
the angry words that he first heard from the sdo
opposite When he crossed over Coburn was saying
to the officer, "You - I'll smash you in tho
nosc." There three cabs In front OF Coburns,
which hc ordered away. When the firing commenced
Uoburn's back toward witness, who saw tho flashes
OF the first second Shots but did not the pistol
On the third shot witness saw the PISTOL The third
and fourth shots were fred ut Tobias. Whom COburn
trcd the NTH shot Tobias rushing on him, and tho
other ollccr held him, having grappcd with him DO.
tween tho fourth and ihh shots and struck him,
knocking him to his knees IL was after rising thai
Coburn fired the ni'h shot This witness cross
examined at length but he adhorud 10 his