The New York herald., 1877-03-01
COBURN'S TRIAL.
Evidence for the Prosecution
Given Yesterday.
THE OFFICERS TESTIMONY.
Defendants Witnesses Will Be
Heard To-Day.

order oil the proceedings III Vourl VI ''9
sons yesterday the class attracted by such curiosity
was vigorously excluded from attendance at the Coburn
trial Tho lawyer who introduced into this already
sufficiently notorious the element of insanity
seemed TO upon the effort, Tor he took no active
interest In yesterday proceedings.
Though Coburn brought down early his arrival
was nticipacd by a crowd OF young dlers, VINO as
sembcd along Centre street, the City Hall Park and
ia front OF the Court House These gathered about
him and gazed admiration at his square shoulders
as he mounted the stairway leading TO the Court
House. For some time he sat loncsomcly In the court
ROOM for the mob that would have followed him was
excluded and only few choice acqua gathered
about him. Foremost among these was "Billy Borst
who is said to be .puttiIg up'' for the defence
Immediately after the jurors bad taken their seats
and answered to their names Assistant District At
torney Rollins commenced his opening for the prose-
cuton When he had spoken for u Snort timo Mr.
Brooke OF counsel tor the defence interrupted with
the announcement Michael Coburn, the prisoners
brother had just been cuDbed on tho stairway while
irving to come the court room
Mr. Rollins said he should have had a subpoena, and
then tho officers would have denied him admission.
He added that he did not think he was very badly
cupbed and he fanced tho statement was made 10 in
nuence the jury
Mr. Brooke repudiated the insinuaton.
Judge Sutherland observed that q relative of
the accused should have free TO the court dur
ing the trial. far the clubbing goes he said, ~
was in one crbbed myself yesterday An OIL
Ger who did put out his club and stopped
me- But precaution IS necessary, or 1t would be i'm
possbe to preserve order In court Then be ordered
an oiIcer to see that Michael Coburn was admitted
and Mr. Rollins proceeded. His opening was brief,
being mere statement OF what the testimony for tho
prosecution would be-
TESTIMONY PROSECUTION.
Officer william E. Tobias the first witness called.
He is n stout young policeman who looked as II he
would bad match, single handed. for the defend
ant In answer questions propoundcd by the prose-
cutting attorney officer Tobias said he knows the pris.
soner place OF business liquor saloon, Is located
ut No 1856 Broadway. About one O'Clock on the
morning of the 10th INST. witness sald he put his head
IN tao door of Coburns place 10 inquire whether tho
driver OF hack which stood outside the door, was IN
the saloon Couurn was with several friends in
the saloon at the time and when Officer Tobias mado
the inquiry mentioned he SAID he "didn't want any
- Of a nackman in iront OF his place" Them
man came forward and said he the driver. Wit
ness told this 1t was about time TO move
away with the hack. Very soon alter, Coburn,
bareheadcd and followed by five or SIX friends
came out on the sidewalk and approached Witness
who noticing that number OF persons were foowinS
Coburn nqu urcd what IL meant. ana said he had been
luterlcred before in the discharge OF his duty by
Coburn's friends, and lie did not want any nterlcr-
encc uov Among trends OF Coburn were twO tho
officer had before named Lynch and MacDonough
In tue hearing OF these men witness advised Coourn 20
90 homo the whole party woula be ''taseh III.
Tncp Lohurn became very abusive, using exceedingly
vic language and threatening vengeance on witness
Alter his friends persuaded him 10 return on
rcpcttlon OF witness' amonon that he would arrest
The party # they did not DO So lie also told thein
that tio saloon must be closed witness
nrp walk ed to the corner OF Thirty street.
panied by Mac,oLough Alter he had stood there
lev minutes COburn out oil the saloon again
nlone ana sun bareheadcd walked down TO where
...tis. rfnnf
tie collar. aud putting Two fingers down his neck and
the Others outs idc sad, you -, III give 1t 10 you
anyhown Tobias raised his arm. striking Coburn
with his elbow the chm and recasing his coat AS
le did this sao, CoDurn, you had better 20 home
or vou'll get hurt arrested" About this time ON
Ger Jcries approached and catching Coburn by the
collar wncccd INN about suddenly moment alter
Coburn either jumped backward or was swung stu
further by officer Jcrics Then his rieht
II, md made a backward movement and quick
flash 1t came forward again srasphg
Coburn then or three feet from the officer,
fired at his left breast About two inches from me
third button of witness coat Is hole through winch
the bail pissed. 1t penetrated TWO coats and vest
made mark on his breast. but did not penetrate
his unGerclohing or shirt In undressing at the sta
ton house the ball found. 1t not materially
gcd by contact with the officers person Co.
burn nrcd nye shots In all and according witness
be-, reeoecton the first and last shots hit him. the
described and the latter IN the right arm,
just above elbow Joint. His wounds prevented
him from assisting ut the subsequent struggle Win
Onicer Jernes and the arrest.
THE cRoss-ExAMISATioN.
personally had never had any Disagree
incnt witn him in which he wns involved Coburn
had therefore spite against witness The olicers :
remark to Coburn that he was only doing his duty was
cclicd by the presence OF he crowd Did ''taik
nshIn CoDurn AT all did not say ne would take his
buttons oil and meet him as q man anywhere.
After going all over the direct examination witness
said Ia answer Coburn's counsel. that Coburn $
movement was to tho best OF his belief, oc-
clsioncd by a twist gwen him by Olccr Jernes. Did
not slriko Coburn at all before the hiring.
''No~ officer" said Mr.. Brooke, you say Coburn
nrg.
threatened you with violence in the presence of an
oer officer who was there TO assist you, and though
you ncld your club in your right hand, you did not
strike Coburn at all before the hrst shot was hsedF
officer Tobias-No SIR.
ticulars the shooting inquired whether witness
knew named James Judge. Witness said yes.
Mr. Brooke further inquired, ''Did you at any time or
place say TO James Judge had not acted righ,
n affair with Coburn and that you were very sorry
for your conduct on tnat occasion ~
Muncss-Nosr
Attnc conclusion of this witness testimony recess
OF hall an hour was ordered.
JERFIEs TESTIMONY.
After recess John Jernes was called TO the witness
stand There bullet hole In the left side OF his
coat and plaster The lett side of his head He said
in answer TO the Assistant District Attorney that Oh
the night OF the assault he duty in Thirythirt
street About, fifteen minutes alter O'Clock
avenue aud Thlrty-thrd street While stand
ing there he looked toward broadway and OF
the northeast corner OF the street he Officer
whom he could not recognize. ana saw n man catcl
the officer by the throat Then he ran to the spot anc
Tho latter had no hat on, but ovcrcoat
caught him by the collar. said witness, and he let 80
Tobias Then he put his hand, think, In his coat
pocket and pulled pistol and fired several shots Tht
second shot struck me 10 the side and pancd me con
sidcrably at the time lie kept Oh firing ana backe,
along Thirty-tbird he fired. The shots wcr
rapidly discharged witness said and in explanation
his testimony he took the pistol, which is
sclf-cocker and pulled as rapidly as III
could Coburn he said, pulled Iastcr thai
he did. Ihis witness thought Coburn must have beer
about six feet away IRON Oflicer Tobas when the nrs
shot was fred. when Coburn pulled out the re
yovcr witness continued, 'hc said, eiher 10 mo o
ro,,os .you- Pll kill you anyhow" " When wit
ness ca aught him. before shot was nrcd, ne twit
ncss) sald sJoc quiet; don't raise any disturb
nnce hero, When all the shots were hrcd, said th
officer al closed In on him and l hit him with TN
stick" ~. - Al.
The prosecuting oficcr inquircd:-What was th
effect OF your striking him
OaIcer-WeIl | knocked him down -
.sDid lie then have pistol IN his possessionr'
s.Yes. sir.n . 80,