New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-03-31
LOCAL MISCELLANY.
u,,,,r,MrpacrYs DEFENCE.

WILLIAM TRACEYS DEFENCb'
The Tracey murder trial was c9nIn n, ef Gsneral
day THs n,ornine was occupied in closing the
Smony for the prosecution and IN inc reyror
she dsfsnSS .d SnstS1 that he %as gambler
that Miller followed the same Occupation .eJiny
20 seeing the shooting He was IN DalahS Nm
place when r I5s Ss SrI to Xiii
syam,oation he admitted that as ne naa s oeen
drnkng he was not sear aI0 eame here to treat
sn n, He rot his impression from Colonel Betts-
District Attorney McKeon here asserted tas to
,arsS that the remark was fragrant violation OF
legal nropriety and asked the Judge 70 olLec' lls
;urv 10 nav no attention to it,; Judge Cowns ooaa
the jury that they must not ai'0" 'ne''''0''' " "
an sfeg the opening for the defence recess was
taken The first witness for the defence was No
P sTyCa S@S keeRs e testified that he Charles
p Miller, who freqoented his place IN my ras'
Miller ms place with po ITo oaS between
nss acav 'n and Miller. and heard Miller say The
next time so for that duck III down nm en- tS NJ
words to .st saii e9s %iat did 0D You inter
srnm that expressioni" The question was
objected to and the objection sustained Beng cross
cyrmined bv Assistant District-Attorney ODyrhe'
The witness said that his house was par ann res
taursnt, but elnphatically not gambling place
lie was interested when ne heafd Trace nf his
nayrons were patrons of Traceys. The conversation
dc,d NOT make much impression upon the witness,
and he did not tell Tracey OF 1t because no uu h''
A% W. II Tcmple testified that Miller was friend Of
his. bnt he did not know what ms business Wis;
,igbt he was Shot, about l1:15 O'clock and indl-
Gated on model the position OF the diheion' 9ei
who to- cane and take
drink; he had forgotten, the exact wOIu ds
They were talking of how many assist sTSo
ants District-Attorney fhIeps naa, TO 4o
nod TO George Law. AS he looked again at Miller
the latter had his pistol III his band ana ldnl
Colonel 5efts and Mr. Moore got hold o. Tracey and
Colonel Belts said Dept shSSt Gh haf f sboo
in Miiler's hand before he heard the c I1pOpII
Of the other, pistol, ,,,, When C ssondl
INC ing with his pistol pointed at Tracey; The
witness was positive that ne did not hear tracey
utter the words "Pye come TO klll you ai1er nc
entered the room. On croSs-eXaInlnatIOn tne VII
Sess admitted that he was gambler He had re-
fused to make any statement to the Distlct-atol c
ney before he went on tne stand ne hau ,oIG I'M
persons that Miller shifted his pistol from MS n,
pocket to his overcoat pocket when Tracey ca!lc ~,
out he did not state it before, for 10 piitl,i m
reasonD He did not interfere IN me qmarfei DC
cause ne was SO lame that he could hardly move
He illustrated the action and attitude OF tue prcii
pal actors in the shooting Miller had MS pfiseri
breast high he said, and almost immediately alCer-
ward a shot was fired, and he stepped 10 the cehIo
Thomas p Carroll, OF NO. 3SS TOu1lH-iNt. tsti-
fad that Miller once stabbed him in the LETT side III
Traceys liuuor store, for cause. lie made no
compiaint. Miller was down on him because ne
sent up one of his friends for five years 1or Stao-
bing him without cause. ,,.
w NJ Borst of No. 80 Lexington-ave, who keeps
n restaurant at No "a MuTay-St, teSthed that ne ne
vent in TO get cigars at Darlings on the night OF
The shouting He corroborated the testimony as 10
Tracey,s words. AS the witness came iroln tDe rer
nj the store he saw Miller with his pistol Ia ms haho
haunting il at Traceys head and as he was III range
Of il he rctreated. In reply to juror the wltness
said that this was before he heard any shootihg
Ring cross-examined, he denied that nc ever kerI
The "Empre Garden" although he was lntereSteu
". j. Carroll livery stable keeper, sad tnat az
SARATOGA laft summer Charley Mllcr roue III us
lick and questioned him about his acquaintance
With Tracey's place. and said of Tracey; 10 gong
"a Kill the - before the snow iaIls. IN
III REPRESENTATION he could not positively
stear that ths was the dead man, but ION the re,
d rect exaninationl he said that ne was caleu
.iIarleyn Miller aud spoke of Tracey.
Robert f. Garden, of No. 100 East twenty
Tracey and Miller. which friends attempted 10
I,reve1t gong to show that Miller was the ag-
rressor. Miller had his right hand in his coat
pJket then, and said :" can do him as quick as he
John Wanrahan, of No. l26 Crosby-st, a. retired
liouor seller from Lawrence, Mass. testl1ed 10
meeting Miller the night before election, when
he said that he was going TO Ir9ceys, ana aducd
=. FlI xiii the ---, and Fun always well
heeled !"