Year: 1859

who took into custody Robert Miller and Thomas
Hoffman, who were suspected of having committed
the murder The inmates of Mrs. Fishers house
and of the house adjoining, kept by Lizzie Stofer
with several Of Sullivans friends who were in his
company when the shot was fired, were also arrest
ed to testify witnesses. The parties were all
taken to the Middle district police station and
locked up until morning, when Coroner Sparklin
called on to hold an inquest over the body of
the murdered man.


The following are the names of the jury sum-
moned: James Flemming, foreman, Afford Mace,
B. J. Sparklin, j. w. Baker, Jacob c. Hager John
Cozine, Samuel Burnham, John j. Wood, C. W.
Gould, +. ID. Withers, VIM. Webden, and John
Brookhart.


The examination Of witnesses took place in the
upper room of the station house. and the following
evidence adduced:


James Fields, policeman, being sworn, testified
That he heard the report of a shot, whilst he was
standing on the corner of Holiday and Pleasant
streets; he to the place Holiday street, and
was told that man had been shot, and carried to
the police station; witness did not see any person
near at the time, other than two persons he arrest
ed two parties who were the cellar door the
place, and took Them to the station house.


Reuben K. Phillips, policeman, sworn.-Was at
the corner of Centre and Calvert Streets heard the
report of pistol ran to the place, and heard that
a man was shot and taken to the station house; did
not see any parties on the street.


Joshua Roberts, policeman, sworn.-Was sitting
on the steps of the station house, heard the report
of pistol; ran to the place; found man lying on
the pavement with his head towards the north, and
young man with him; witness inquired who shot
him, and told by the young man to arrest
another party standing near; the name of that man
is Robert Miller; the party who first spoke said that
he could not tell who shot the deceased but it was
either Miller or the man who with him who
shot him; the feet of the deceased were living
towards him; witness saw no other parties present
IL I
ing near when witness arrested him and gave him
to Lieut. Wright; he took hold of the deceased and
found he was deadi he was lying near the cooper
shop.


Joshua Mitchell, policeman, sworn.-Was at the
station house, heard the report of pistol, to
the place with officer Robinson. At the corner of
Pleasant street, heard the cries of "Here "here;"
saw deceased with his head lying towards Foundry
street, with one leg drawn up to the body, young
man standing told him to arrest Miller; there
were three persons present besides Miller; Miller
asked if he shot deceased, and the young man said
''No, you didn't shoot him, but the man who was
with you did," at this time six or seven per-
sons were on the ground; the deceased was living
on the ground near a cooper's block and the wound
was in the left temple.


John Snyder, sworn.-Was at the corner of
Cough and Ann streets between and 10 O'Clock,
when the deceased with several of his friends came
up; the party then proceeded to Fleet and Wolf
streets, thence to Exeter street. and then to place
kept by man Eamed Swearer; leaving there they
went to Hillen street, to house in which the de-
ceased had been invited to attend adance the ance
was over, and they passed along Holiday street
deceased stopped at the porch of house and asked
for cigars, when at the same time man ran up the
porch; witness then started for Foundry street
bridge, and had not got ten or fifteen steps before
he heard a report, and something struck his coat
tall he did not see any fash; had the weapon been
fired from Foundry street bridge have seen the
flash; when the shot was fired witness was passing
in front of the cooper shop; seven of his party came
W deceased nd two tbroa
on the bridge when the shot fired; Sullivan
the deceased, was little in liquor, and there had
been no difficulty with any of the party among
whom were John Scaley, Stephen Murphy, and a
man named Patrick McHenry; when the deceased
was shot he standing with his face to the porch
and when he left him deceased's left temple was
towards Saratoga street.


Geo. Kelly, swOrn.--Resides in Albemarle street;
1t was about quarter after II when the fatal shot
was fired; had passed by the house, and gone on
towards the Bath street bridge, when he heard the
report; Sullivan and Lyons had stopped at the house
No. LOG Holiday street. and the balance of the
party were on ahead of him; witness when he heard
the report OF the pistol turned and asked one of his
companions, "did you hear that pistol shot?" wit
ness was shot behind, but slightly, the ball merely
grazing his person; the shot was fired from behind
and could not have come from Bath street, as wit
ness was walking in that direction; McHenry
and Murphy were at this time on the bridge; there
were eight in the party; Sullivan called for cigars
at the house No. l06; was introduced to him that
nlght; had been acquainted with the witness Muir
phy Tor some time; we were walking slowly at
the time OF the firing; saw two in front of the
cooper shop, next door, and they both appeared to
be drunk; witness did not observe any one on the
steps OF No LOG when he passed; the report was a
very loud one.


John Scaley worn-Resides at tha cornar of
Jefferson and Canal streets; met with Sullivan and
the party about o'clock, ana went to number of
drinking houses in the eastern section of the city,
ana hnay came up town, and after visiting a
ctr III
day street, and Sullivan had just halted when the
shot was fired; the report came from behind wit
ness, who was going towards the bridge at Bath
street; witness had proceeded about half
dozen yards, Sullivan and Lyons being behind;
Sullivan asked for cigars; Lyons must have been
very near him; there was man on the steps when
he passed, who was very stout; did not notice any
one on the cellar-door; Sullivan mentioned some
name when he asked for the cigars; when witness
caught hold OF his hand, after the firing he appear
ed quite dead; the report was very loud one, but
saw no flash; have known Sullivan for about two
months; he here from New York where he
had lived short time; Sullivan was employed as a
clerk IN a dry goods house on Hanover street, and
lived on Monument street.


Jacob johnson, sworn.-Witness is IA wears of
age; lives corner Front and French streets; had
been TO the Holiday Street Theatre, and had
stopped in house on Saratoga street. opposite the
station house, for few minutes he then left and
started up Holiday street towards French when he
heard very loud report of a pisto came down to





though he protested that he knew nothing of the
affair.


Coroner Sparklin here consumed some time in
addressing religious remarks TO this witness
though he had not been connected with it at all
The jury were loud in their complaints at the course
of the Coroner.


p. G. Lyons, sworn.-Resides corner of Fleet
street and Argyle alley; about o'clock started from
Canton on business, and met Sullivan at the corner
of Wolf and Fleet streets; after taking several
drinks, the crowd all started up town as COM
pany for those residing in that section; they
proceeded to dance house on Hillen street. but
found no music as some of the party had cigars
While The Others had none, Sullivan proposed that
they should follow him, he knew where to get
some; they went down Holiday street, and Sulli-
van and witness stopped in front of No. 1OG the
others passing on towards the bridge; Sullivan
then called for woman named Mary, and asked


this time man walked up on the
porch, and Sullivan asked him for cigars; the man
said he had none; witness was about six feet from
Sullivan when the shot was fired, and the report
deafening; Sullivan was standing with his left
temple to the porch; witness was enveloped in
smoke; thought he heard bullet fall in the street.
towards the Falls, but is not positive, as he was
much excited at the time; the man, when asked for
cigars, made threats against any one; he was
standing in the door; did not tell the officer that
Miller shot Sullivan; saw the smoke very plainly;
Miller did not leave the porch until af-
ter the shooting, when he came down
and assisted witness to help him lift the murdered



cause he was the only man near by at the time of
the firing; Miller was to the left, and the report
came from that direction; Miller was not more than
three yards from Sullivan; Miller came up the
street and knocked at tie door for admission; wit
ness bad drank three times with Sullivan from ten
o'clock, and did not consider him intoxicated; the
affair occurred between twelve and one. Miller
was here brought in and confronted the witness,
who identified him as the man who was standing on
the porch at the time of the firing. T.


Patrick McHenry, sworn.-Resides at No. 24l
Ann street; met with Sullivan and the party, and
accompanied them up from the Point; went over
know the exact part of the town they were in, but
was told that was the name OF the street;
one of the young men desired cigar, when
Sullivan said, "Lets go down to Mary's;"
they then went down to the house, No.
l06 Holiday street, and Sullivan called for
cigars in quiet manner; witness had walked ON
ahead, and was near the bridge when he hear the
report of pistol, which was very loud; the party
FASTENED across to Sullivan and found him living on
the pavement, dead did not see the flash, but
heard the report; Miller remarked, when arrested,
that be was perfectly willing to accompany the of
hcers to the station, but that be had no idea who
shot the man; Lyons said Miller was the only man
he saw at the time of the firing, and he could re-
cognize no one else; the Captain of the Police then
sent for more force, that they could all be ar
resed witness told him it was unnecessary as they
were all willing to go down with him to the station;
the firing was in the rear from him; saw man on
a cellar door, but cannot remember exactly where
1t was; have known Sullivan about six months; he
was married man, having been married shortly
before coming to this country from 1reland he was
compelled to fee from that country on account of
the Phoenix conspiracy; regarded him as a quiet,