New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-03-02
I,cade.t
ed copy OF the diagram :

Diagram Of tho rooms whore Tom Davis and The Ia
vi, CARED on tn, sawiu,t game.
A-whec The" Davis stood. sliding panel with peep
beng him and the * the acjOniug
When Ion" Davis stood IA he "a t. ne panel so a. to
panel aFe rTo ies the his
ano Snbs itnte for ,miar BAG cont 'amn; waste paper
B-Nh,re 90 ON - DAVIS sat
DWlcrc Holland backed against the door before shooting
"TOm Davis.
Continuing his opening Mr Fitzgerald urged that
conviction Of murder in the first degree might be OBJ
tanned by showing that DAVIS killed by Holland
whiIe Holland was engaged IN the preparation Of
felony. accordance with the second subdivision dchn-
murder In the first degree. making II consist OF XIII
ing without design To effect death. by person ell
gaeed in the commission Of IN an attempt 10 commit
a felony either upon or affecting the person killed
Conviction under this definition would result II 1t
shown that Holland wished TO rob TON" Davis Of what
he knew genuine money. General Pryor inter
posed an objection and argued II vrhcmenty, his black
lock- swayug like oorust,.kz shaken ~ tho wind. lie
contended that under the common law indictment on
which the prisoner 20 be tired, charging thar tho
killing was done wfully, felouioI.iy and with malice
aforcthought" no evidence wa7 admissible tending 10
prove that the prisoner engaged In the preparation
Of felony that he could only be convicted Of murder
In the first degree by proving had killed DAVIS
with "dcliDcratc and premcdiatcd design TO effect
death according the first clause defining murder in
the first degree. General Pryor cited many opinions N
support OF his argument Law books were sent
for and thero lull la the
proceedings for half an hour while
Judge Van Brnut peru'ed the opinions
referred TO. The Judge said that Of tho opinions
threw light on me i-uo raised and that ho would
tho evidence offered. Meanwhile lie wOud allow Mr.
Fitzgerald to finish his oIenng.
the familIar novel bandit. lie said that at
When tls ir0n her was killed no wa. engaged I'm trans
actions" lie described the premises Al R"ade-st and
West Broadway where he and his brother carried on tie
trtnsaction.. lie had been engaged In these trans,
aC
Mr Fltl .crad-5tsto what were those transactions
that you and your brother engaged IN A-The selling
II supposed counterfeit money
Q.-Did you ever have any counterfeit money A
Q.-What did you do in connection
with these trausaotlonsI AExchange the bags that's
The witness said that Holland and his brother Tom
camo TO le Office the Thursday before the shooting.
lie and Butler there Here General Pryor moved
that Butler ard all tho other witnesses be excluded
stout old with gray mustache and big bald patch
irnged with frosty hair got up and left the COURTROOM
iie might be taken for a soliciting OF mis-
si0nary society. He Butler whom the Davlses used
as decOy. Several other witnesses with less striking
characteristics left the courtroom Theodore Davis then
continued his testimony. lie in the room
when Tom Davis and Holland entered tho front
room. Tom Davis sent out Butler who was In
the front room they entered From tho
rear room the witness by looking through the "peop
hole could see what occurred and he overheard tho
conversation HIS brother showed Holland the goods
which had been previously spread Oh the desk lie asked
Holland how he liked Them. Holland replied very
much" He then a'ked Holland how he Intended to
He replied that he Intended 10 buy cato win some
of IT, aud that his partner would some of II In All
other county. Then his brother said Go back to your
partner have 1t settled between YOU how much Of the
goods you want and when you viii be ready for bvsl-
ncss" He next saw Holland on tho following Monday,
the day OF the shooting, In the Same ONCE. llol-
land came IN with the witnesss brother. II was
Tho wnsss @ .am hat ban hen o o
I tu.t of In
2na Van. orr in package OF ones two or ves
Q-state what occurred IN that room after your
Dntter Whore's the old gentleman r. Butler said He's
iuSt stcppsd out" My brother said That's too bad
Ter replied that IL $4,000 hat the old gentleman
wanted shipped to man named Myers In Georgia My
tend to that" Then Butler left.
o-Stats what occurred after Butler left. Any
% brdtSer i diyded tho 81 notes with Holland TGey
counted pile after pile My brotncr asked him Have
sompars with these ana see how close they the
gennme ~ Holland said al haven't; have lott watch
and chain and everything with my partner at the hotel
Nv brother said: "wel you see what Is pever
mind" After the 81 notes had been counted my
brother tied them up with string. He did the same
thing with the hycs and tens after they had been
examined. -
the chair picked the bag up placed II on the desk ul
put his back against the wall. -,
Here tho witness paused a moment and swept ms
lands cheeks lost some Of their color Every neck in
tao room wa. stretched forwsrd to oateh lhe %pras
and tronulous tones a. he continued; He said TO ny
brother said pT DoR Rs"s sor saca do
this business. Holland said again. Gt INTO
,Sa DT blank m Sa Put lie up Ipr
shoot me look. am nnarmcd Ho lifted the skirts OF
brother placed his hands up. lie ssid What do ysa
wanti Take the bag and co. No said Holland.