The New York Herald Newspaper, June 17, 1858, Page 2

| 2 NEW YORK HERALD, THURSDAY, JUNE 17, 1858. ‘ Me Blurbers ueoaneh SRaattbey tl; wae ct ange ane ct tsel| nome omsanent a ___ Oe AMD voums, -__~< Tivamemts — . with him; ctticer Barr FROUND SIN THIRAY SECOND STRERT, A PU pe ne 3 Grove examined—Did not know any of these moa before; | about eight o'clock; officers proving property and wawty, rhe omBer, many have iw Shout "¥2 n al Fri yy OMieers; I think he bad. ey cap; he was 42 Barclay Wee MaIT Mane, both in bog , , . A 5 Hl 4 ena 204 Weat weve the converration between Perry and ; Lally was | taken into my private office some taken thet cenversntion io the back room at the time talking to Mr. oer tt | from. him, a ‘gold watch,’ some keys and other | [{{OUND—A @MALL BRACKET? sow Fra, aT NO. ue 5 | wan between six and seven o'clock; saw Perry take hold of | emall erticies, and be was them locked up; the officer West Thirty betwaen ‘avenue Pad | ‘a coat; Perry told him if’ he didn’t behave bim- him up to the desk and told me that was Lally; wane ‘Ye ‘have ths same by paying ex- = ot edekematgrgeel too Reger ee e r AS told we , Samuel Raymond aworn—Retlde in Norwich, Coan ;was | tell mo bow be bad iont that cap; Tid not sok hima; did | Crgcing trom Fallon vrsol ta Hodis aioe aan A GABE oae—I would not | ii the time o¢ the cancion dark ay Mr. nen vieeee or beds ae ae Coroner's — frill be hands jrewardod by eet the same at 48 Pad mopey. snd I won't saw ihe party come in, Tally ia advance; saw Mellon and | Beld en the next "MH, Under attended for the | fom tireee Se above a prized ie dy ein tpreea ca ieeeers, a EG A pg eed Porro ar eracrae | an ; “we. Sere, you gives reo pean as pote aad bi tbo three | what 1a a a JNTAGLIO LOsT—AEAD OF A ROMAN, OOF IN i EP talking: I was in the back room; Theard a noise, a “igveet. suitably rewarded uvon leaving the same with B. ‘At the outside door; can’t say the ‘uses, bat case for the prosecution will be closed this morning. lamoné broker, 512 Broadway. Office hours, 9to 10.4. M., it Mr. Bi pare a i FyTour lan caance is it waa, “There is a crowd outside” or a ‘row outside,” f toSand6w06P.'M. Mr. Bishof! ssked was, ' THIRD DAY. ———— receipt; Mr. Blankman. looked up and saw Simongon go to the window ahd raise pe recerP at, then Ml the curtain; but the blind wae shut and he could not see; | JOE 10.—The court opened at the usual hour, andthe | J O8T.-0. ook Inet oe tho Jeteey OBE Foe ee ea give « receipt he then came towards me as if he was going out | following witnesses were examined for the prosecution: — (a OE hy OTL Se ettoipt and rend th OF - comming 0 the Deck Foor, ee ees Neate | , William Ballentine, doorman of the First precinct ata- | Stee. 386 Brosdway. LURAY PALMin. ous epg Ary» oy na foot ton house, sworn—Heard of the affair on the night of the | J OST ON WEDNESDAY, JUNE il6, 4 FORTRMON- fa ; Cocurrence; saw three Fersons running down Johnsoa | ign itusy one tries ee a street a few minutes before the alarm of fire on that Fees svenne he will receive $5 reward and h 4 Ging ad evening; Johnson street commences at the second block | PO°WPOr wi 3 from the American Hotel; they were running ten or Lieriot te ew Se ‘4TH INST. 1N ONE OF THE Bischoff, Mr 7 of the New Jer of yee, and in Haglan Bisbet twelve feet ahead of each other, going as hard as thoy | jsaring Wound Brook atquertor pest fies Orcistic g Wied aa Bisobaff that be should not give 1 door Could run; thought it curious, hearing no alarm of fire, to Bronned wivcbensionaratt Ss age, we (Sucbot o maor quoted terest | posed it was aftr; oan’t recollect the words; toa mnioutes oad ta running 00; heard directly afterwards of the finder will be suitably rewarded by leaving it at 19 Wax. ro legth, several points presented afterwards heard an alarm. 4 le reat itera sore ia Brea Sil peace eet Conse wee found har Woes oun Bi prisonse’s counsel, Mr. Busteod ‘exoopted to tno catire | "Toe Jurore-Did not kuow whothor it was « false alarm; | Srm °f Are; thought they wore running to the oagine ie Astor Hou: fommiling abursiary; Wat he turned oa iho gaeand charge | Tho jary retired at twelve o'look to dliberate | the aremen came back vory sooe. a tee Sees Ses op ecensencnet Suleione rat Sas THE STH, A MAINGATL. BOAR, the direction, Urese, ‘upon a verdict. James Savage aworn—Was barkeeper ' etreets when rang; they dark clothes; called fod aoe te os Be Conrad th orngay yon not mam The jury retired to daliberste upon a verdiot at twcive | rey'st Priscoer came in and looked around at the crowd, | one bebind had alight oost; I did not know them. Gained black rw deck ry the door; ‘Mr. Ashmead anid that, he objected. he would " i information where the said oan be Foglia, T could wwihdrawy ts obfection, tod tt thes prove acy doula” crelonk, and at a Bast four seat & communicaucn | And said, Reee anon ice lot pes pote. Ar. Por | “Francis. reer tho deceased; was ravaded' by ‘eeniing to the Bay ng; he wroe » MoBecn—Do counsel a3 read ‘well acquainted ; he was @ powerful man phy- ath Brooklyn. man; when ‘Tre Court—You may understand that the Court tions of take . . , *, bends 2 Bieakinan (one of thes counsel. for the defence) re. | Be req ool Emalth recalled —T told Lally that one of LOST—ON WEDNESDAY, JUNR 1s, midtothig! hen we Ce td A she omey hare | pianck men bad soem him ran down ee See | $a, «, Broadway omatous. a roll of foolsag 6: mr. men wen! 9. 11d you ever say, tm Ma beasing. to Mr. Muller thet you nom som, anaes Be avenue. ‘Wacom retare q : nist thejury! A. No, sir; I ; | Dowd € ‘Mr. told me that; be is door- re a eaten en far soon: then we sia eet in (fuliery on Se Ne ee a : man; he told me on the of the ovcurrence. TOLEN OF STRAYED FROM NO. 5 COLLEGE FLAGS, of the man; then w Muter's character fof rath nd verastyyand t it to TRIAL OF PATRICK LALLY. there was a man hurt; he came to the dcor. Direct exemination—My as to conversation a large bleck and white Ne \d dog; answers ta ‘went into a German's; be good; I would believe him as soon as I would any man in Cross examined—Was twenty-five or twenty six wes excluded yestertay. AI of Cwonar. Say peas reeenng the same or hat maid ans Be ie commantiy; I would believe hie worn os I would is od; waaan upholateler by trade, hed been with Mr. Storey | | Judge Peckham Francis B. Stryker, who did not | fonafmermauon ofthe above number, Sor, will be Court of and Terminer. since 1854; had no recollection over apy one answer. He to have the expressions of Or chofl went and gave yp Be tL Pig Anse gg Neln-oet Pron Schoonmaker and | the remark that Lally made before; may have mentioned | coased ‘on RE t's Waser ie ee injury, which | QTOLEN—ON TRE 1stH, A NEW COAT, MADE ROUND then took't plese of Bot.do'so; he was tnelr own witness seen’ ey omit Emmons, 0 PE Se ren ne ceceenea: | Sul aececese ore mee aioe,” ereteemes 0 | De Speen ating 7 gore Tortng heme Re s a] wes ; was H Bs to tol¢ me ithe Gourt—Cortainly; and it ioe collateral tesue, and net SECOND DAY. read the papers; knew Lally by sight; knew MaGahey; | Mr. Brady sald he should not object, as the statement UGt Laurens strect corer of jounton, room No Il. or at Ne. pease, _——— cn | Jone 15 —The trial of Patrick Lally, for the murder of | was talking to them that day; they asked me if Ihad | as evidence bad not yet been taken. mbers street, will receive $12 and aed, him. the Jobn Coyle deposed that he is connected with the igh 0 T wald I bad; I did keep a ea. ur. F. B Stryke 4 or if the return of the diamonds, will recei ms ales thing even t Ounal street sod Broa. ray niom by Geteation or fests George H. Simonson, was continued to-day. The attend. | five $ wert : a tS, ier came into courtand was placed upon | $12, and no questions asked. meey. for three | ance, if anything, was more numérous than on the pre- ai Mr. Brady objected to his evidence, and it was ox- = mer, bat | vious No rahe 4 REWARDS. T ald con't tll when; they ar immediately. . 1 2 now: ‘others must have heard bim; | ° The evidence for the tien then 0-cned. “page Rr gg ge eg nen hott i by the defence, that he bas | The following evidence was taken:— loud as wr gee ane, Falun aed ae for the prosecution then c osed. REWARD —LOST, ON BOARD OF A JERSEY oe Ureawucventu ausumstewic'® sho | .ayenrnlot anc afro no ment jt | Sart goat men nn Lay sions neve | pay ose tsd sro to, Soma ete | ei tae init hg soma St Sopa Ag - ‘Cross-exem ines — ‘knew him charged | ing of the position of the persons striking the blow, whe. | fight, they going ‘and evidence in the case as it them stood at consi- | deliveriog itto No. 252 Wiliam st. pT oto, on We. in buminess; there were bu- | ther it was upwards or downwards, but probably it was | some kind ofa “jamboree.” (Laughter.) Some of the | derable length. The frosecution, he said, had not pro- REWARD —LOST, FROM THE HOUSE OF THE AD. on Tee tee re cttaller were not | stuck obliquely, and not directly from the front; it was | party had bad some drinks then; I can give no reason | pounded any theory. “It was all in doubt, and the defence $5 vertiser. 630 Broadway, « medium sized wateh dog; he wap discharges. from the lett, why other parties did not bear the remark exsept that | were nctca'le’ upon to propound any. Their position | i¢ of Newfoundland breed, croered with a setter; color. white is Ky zineki, th interdre¢er of the Metropolitan poli Jobn M. Perry sworn—I reside at 94 Duffield street; am | they were attending to Mr. Nodine, and I was attonding | wasthatapy theory that could be constructed by the | with black ears. The sbove reward will be paid for his re gat BO core wos caked © Se Sane 54 tas ceteaee an 1 * Row nee; A Dopey Baek till Se —S ba 4 —. ee Pe prosecution must turn and no questions asked. : good: | January; Storey’s house in Pierrepont atreot Court here took a recess TESTIMONY FOR THE DEFENCE. nal ‘wecih geen bekeve. tase waver Coe. effest but the | Mebt im question; I saw the there; hecame | jury went in the meantime to view the premises where | aieancer R Roff—1am a plumber; have been in tho | $6)() enn ts tne te he EN BATTED AY Crmrt aid that it was unnecessary. hig gen! C3 and a — 3 bwo a re the occurrence took 2 business seven years; have known Lally the same time; boken, Jersey. & fh A rons Bom prwner ph me A vy ay a McGahey; 1 014 not know han te one oath 1; he AFTERNOON SESSION. be served his time with served four yoarsregalar barnees; & bey borse, about fifteen and a ‘clock, and Diehl went we | prisoner. 0 be felowed by the coun el {ar the prosecution: | nodded vo me aud went into the room in the rear where | ,,E4ward Williams sworn—Knew Simonson in his life. | time; it expired in 1656; he remained with me six months | Par‘ 'N0, 04° legos paloted blank iosther topr abect all nid tbat'Nr- Bisakmsa'was not | theo her counsel for the prisoner would be heard and ine | the bar is; Teaw them going out of the house; heard so ‘eae, epe poneets ot, Searegss cases erenkas Se cacitien:.|: We Styne some ee eeeereees oe Seay THES; | revels by Plancvo. Ninth avenue, ‘Now York makers Genders ‘bareiscreheimin; ines Backat oidme wee | re ee one say e cola ior ay 26 of BR tbe BNE | a nt ae er ag na housd’ wes | ©a Wealden rows ehateeret memagon pease cn ck Sire, tenes sigan Br tae oa) y ‘oid me. ; . man about ears 0 en until we iweet him cures f toll turned round and saw Lally. his hand resting on the DAF | Totty say he could lick apy son of ab—h thore; he said | Mr. Peckham objected except as to bis character ex a | clothes; whiskers white. The above reward to be paid ov Thad to Tstal of Martin Dowd for the Murder of Jonn cin acueae one was in the front room—the | iin gnch a loud tone that anybody could hear him. | peaccable map. delivery. o wit: $25 for the horse, wagon and harness, end Deoley—Recorder’s Charge—Conviction of | “Ts tne Court] wae in the front room; the voice came | Simonson said, “Young man you should not make such a |~ Mr. Brady contended that in case of murder the $35 for the recovery and conviction of the thet. the Prisoner. from the rear room; Lally was in the back room, and se- here—there is po one here that wants to fight.” | neral moral obaracter was important. A peaceal . oat grade coe: ae ‘man in the frout room | Lally then took it back and said he meant that he could | man might be soavaricious that he would commit murder | @/j() REWARD STOLEN, ON MONDAY NIGHT. THE Coens oP CEREAL euemONE, was somewbel boisterous, and f remonsirated with hia; Beal aking benders sad, "good night, boys; end | " Onjection wibdrawn. bet of double barncee, full plated; rusesttrelue, forehesd base “ a . ie ‘e. 2 wi irawn. o i . Before Recorder Barnard. told bim he must not make any difficulty there; he said —— rat bumor: cowlan cases of Simonson till A. His character was very good, very peaceable; pony sen yg Od ares Booey oo —— ; ~ Jovu 16.—The counsel on both sides having summed up | he meant no harm by it; that it was all in fun, or some- | {Bey Parted he steps; saw some blood | never knew him to quacrel in the sbop. ¢ set of dourie harness and one set of single b time with Pisboff; I told Bishoif that I had made some tnqui- thing of that kind; he’then walked towards the fi 1 saw him lying at the foot of the steps, 2. one se ving! ries about the receipt, and that it was not good; I forgot to | Yesterday in the case cf Martin Dowd, charged with the 4 |e we ire- | the next morning on the casing of the door leading into | Cross-examined—Did not know of bis associations out of | one double ret of traces. The above reward will be pald ant Say that when T wro'e the reesipt Thanded it to the Jew; micid place and stood there quietly; I waited @iteen or tweaty | the entry and on the ste} the middle step down, on | business; bad not beard of his belonging to the ‘Forty | 00 questions asked if eaid harsess are returned to the owner Fead it, and Mr. Biankmen took the receiot and woud ‘us | Domicide of Johm Dooley, the Recorder proceeded to | minutcs, or no: 82 long; I started to go out at the door, | the ier aide of the steps fowards the river. , ore boys?” till alter the death of Mr. Simonson; had nce | °F lit where be cus find them. Give it uo; the eeccnd ume I wert to Sr Blank 9'softce T charge the Jury this morning as follows:— ioked up evening paper and came back; stood inthe | EJott Se or tio SNPS Mined the blood in the forenoon | beard much of him for two years before. i PATRICK ¥cCORMICK, 211 Second avenue. Ea iurpreadicmnemsnrraca Sma perez! | On he mornbg of wes of Foranry of the prevent | Werte ais feta ts facta | ent ay naam cand fuer Aro had | Ave arly aed eh of bye = Wet fogorngew, Feet roi rine Su myo | Sone eatbed win ere sary tasement thug ne | feattibs ars, was ars sede. he sng eds | hm Sn pueeas ho eto branticue Crm | |‘ ov hoe where Tal went aterposne: bis | A VEUEERESONY «assum vomm a “ . ‘ ing fome ent foot of the stairs; that was Mr. Nodine; ei to 4 tr ts u Jailf Maa, Mend Aa. lace” eta ant | heart “For perpertig tar ofenes Marta te aac; Twentout wid tere and found decenoa iy | (D4.CULn uu grey turned avy frome az | Sappeectaee ‘anes hen uees ot tees euoeet ie | Ssgeoes eomew eos Sine ing g.iee pe EE iwO Te TEL (OL ME Slenkman's tice. sr, | Deen indicted and placed on trial. The evidence having | ing at thefcot of the stairs on the sidewalk; did not see "wien be got to the bar fremen’s quarreis; Mr. Melville, my pariuer salt he was | Binniamss enid, Mr. Lanth, give you $20) cash | Deon fiaubed touly remains sar the Oourt to Jay down | the precner when be went, oo ope | hatter ord abed bey. end did not pay hice (Pielnoy \oference | (JALIFORNIA STATE, BONDS.— $109 BONDS OF NEw 3 eo" our gui ce such princi o as may 'o the Court—The decens on bis back, " . .. issue. wanted excl ie 's same tseue went to hare anything 10 do with the matier, Xr Bisnkmea | plicacie to the case, and call your attention to such tg: | feet towards the East river and his hoad towards Fulton I did not know them all; I drew back. enough; that was all the complaint; I said I did not see emailer bonds wil anid * You fool, 1 give you money,” and thea Fircholf Cross-examined—I have portant facts as may more readily enable you to com: street; should judge his bead wes a foot or hteen . p.-€ ONE here Dproper and legal, ne Capital onsen the | inches from the lower step; his head was Saeelteaan anh) eet ees Jury should proceed carefully and eautiousiy, eo that the | hand side of the etep than the middle; be laid straight | fOuPARY do nok go mud! jsnkman was no: | Meet bumane theory that the case will legally admit of | out cn the waik; I sssisted im taking bial up; he was laid | 9 Pere a ur aon anil ary ae Tasked hm “is | may be urged for the prisoner’s benefit, and ai the same | on a bed and! rcognized him; did not eee either of the Mr Uiepkmen would oat ba thors theca Mat | time the requirements of society (ae far as s proper sccused or Simcnson going out; had seen Simonson | Tas called for; I pave spoken to the District Attorney | twenty-five Parser bolding the fp reasonable ci@ereace spytbing bed about him; bad not heard of bis being in id if red. . LEMAN & JO, soy fight or of bis knocking Me. Bertie down; Ithiok | soWallasca * “2P WMT. 00 vd Maria Ben, teatber of luck eines nat bt WAOWKY TO LOAN-ON OITY PROPERTY —APPLY ir of — Always thought his we TY — never heard of bis being in vat. American Fire Insurance,Compaay, No, 5 Ef young m elock + ears; knew Lally; bad know bim sixteen FFIOR OF THE CUMBERLAND AND sid, * No, Ttold Puniebment and exemple are necessary) shall be there at five o’ciock; the Inet time I saw him he was in | . . 4 That'T would. beer Te’setaees fat nies o'clock nary | view. The killing of abuman being, without the autho- | the room: I was probab y within five fect of the ball door | Tally’about that vo enantio Thad heard i before; Sivochosl ts 1861; pobool was att fas comer ot teen ark, Mey ioe nse. neh bola eet company ore ‘Would want m: the next day. exactly ut nine o'siock. | Fity of law, by poison, ebooting, stabbing or any other | reading; hoard no noise in the bell or on tho stoop. +4 . Y rm of : H q bd bad heard Savage use it; had heard the ‘jamboree. Willoughby; Lally’s character was, as far as he knew | hereby notified that the right to convert their present stock offce; Mr. Blankman was there; | mcaps or ia apy other manner, is either murder, man- Croee-examired—Kuew deceaved sixteen or twenty some meant a drunk by it; con’t know it is more commen | him, invariably ! into preferred shares will expire on the Sist inst. Ow or be- y i Laud, (Mr. Blank: | elaoghter, or excusable or justifiable homicide, according | years; when I went in Mr. Simonson was there, Mr. Van | Sono mass & fuk OF ltt Coe Om Oe Gone teem | Occesexamined Hed not had an opportanity of seeing fore hat wih to wit i tie. Blatkman, T "would wor sowie | 1, thefacts and circumstances of each cage. ‘Suoh, kill: | Voorhiw, builder, Mr. Raymond, foreman to, Nodine, Me. | imputed to Lally used by firemen, and appliedto | much of hin for the last two or three yoars, only met | Rt2,\n? p= Fou for $6,000.” then Mr. Binnkiman said.‘ Yeu want | Pf, Unless it be manalanghter or exousable or justiflable | INcks Post, superintendent of pavoments, Mr. Storey, the | Teh tt is general ‘aa a hostile or angry word; LAl- | him cccasloually ; mot him on tho street, some of his as- | lareand Atty ocx Sze, be shewes mars | Somtite, Gee US eecces > cane of Cronous = po me ean bee ago La Wrigul aod Mr. Morris | Ty‘duongeto No 61 believes the alarm of fre was twenty | sociates come. ¥¢_ mer in the winter time: pover heard of | mcntot ave sollart per share eertscntse for preferred ; and *y 1. When perpetrated from a promeditated design to ef- | came in shortly atter Mr. Perkits and Mr. Chas. Hamilton | {7 DunGhe, Noort duo mouse: it was for the Tuird district, | bis being in any Ogbt. J Will be iesued, Amy stockholder ax! ‘he daiee old ofthe paper: Tait feci the death of the person killed or of any human being. | came in; they were all ucquaioted with Mr. Simonson; ur 8. | TWutes after tery she Ronse; it we 1 | aie ees J Motertny—Was master plumber at the | pavment, vis. May of tng June, will be eulitled to «i cae wt te Paper (rom 2. When perpetrated by any act imminently dangerous | was smoking a cigar and talking; they were driuking; did Storey sworn—Was the of the house | Navy Yard; had been for the past teen months; | oURt on the sum paid at the rate of sux cent per anewm rime come LPTs to others, and evincing « depraved mind regardless of hu. | not ree My. S. drink, or anybody ele particularly; there | mentioned; it was called the ‘American Hotol;”” saw Lal- | Lally waa in'the shop when I took charge and had beet | the somdiiion ‘of Ue company, mate by ine tommaltinn mee more; that was here vestorday was there; I think that thei f mac life, althcugh without any premoditated design toef | was no game ed or implements for playing that [ s: og YP hen | fect the death of any ae individual, ee Do talk: Shout orivvage oF any ether guise that l know of, ‘The third eub division is in po way applicable to the case | did not see or bear either of the thres speak to each othor and his two friends go out that night; about five or | ever since till h's arrest; his character was very good; he } afterwards some one said there was acrowd | was very atientive to his business, always considered on the sidewalk,and Simonson went out: a very short | bm very peaceable; never heard of him being io a quar- fet under consideration. riminal cases the prisoner's guilt | heard nothivg from the front room except what he had A F t ; must be made out by evidence sufficiently conclusive to | said; did not Know how or when either of inom went out; | Hina un ine door the neat morning, about thive oF four | ssked permission rey ing he wanted ls fel’ asose, things exciude aby reasonable supposition of his ee. The | MoGahey was talking about fighting; was talking to me; 1 | feorhien: it was m large spot; did sot ese spuryed blood, | for the coming Supday; be did not draw his pay. proeecution must therefore prove:— do not remewber what he said t> me; I thought he was | “e, Bigh: It ween large apes: Oi Rot toe apmocmber lest; | Q. slow mush wos there due to bla? ‘office might te hed if the caplt tint desired i Falk 1, That John Dooley is dead. soter; they wgre dressed in dark clovhes; Molioa had 08 | savage iad bees with him several times; the last ae ne | ORjected to and ruled out Rar'ioulare may be bad'on enpicaiion io JOHN BRAINERD, & oa Re donee concnnesd by Martie Bows. A fire coat; Mellon did not oom angry ;,} thought it might came to bim im January; Simonson came thereabout tore | _ Croes examined—Did not know where the boys wont —_— St sonal Be ck Ris Mie fxg 0 premeditated design to | lead fe, distarbanes, and I betes © fed bin | theaght Se | ote ent wanteias ond ‘and drinking « lit- | when they left the Navy Yard. 90.000 102228 Ox BOND AND woRTGAGE, “= ewe bod seanbes to taw ta 00 dxtng. pokey ity od ituobedy lee dia Ri coeiae ad Uo till he went out as described No and Perkins’ dis- | Jobo Hunt—Was a pember; was foreman of the de- | 7 iiel't eg cpulonte, on real evtste ie I infor you to tay whether the frst ant second require- | banden him and opened toe dvor; be thenmedethe remark | Plo Was @ loud one at Get, but tbey bad cooled down | partment io the Navy Yard; bed booa so for six years: and 'StG00 Appa ¢ in; Lally and Mellon drank twico—the ince 18£6; his character was gener: % Vt one, 83. Perk! 5 AY Sretaod thous; tee secant Gees very good: soler tohes taas hone of oieane Ok BRRORANT, 15 Wall et invited them; he said bis name was Pat Lally, and he | quarrel that he was in; never was out with nim; hoard of | = = ments bave been estabiished to your satisfactioa by the | it was all in fun; don’t remember that I shoved bim; he i don’t want in trou! — = COPARTNERSHIP NOTICES. the wae wrong in dim io put bie; I maid it was | teetimony of Thomas Conway, Honora Conway and John | did notaltemp% to strike or molest mo; that {s ail | saw | ian understand. ‘what { id write; T thea aoxcn'ing | Donley, dr. or beard; no ope came in my besring aud said thord | was sesistant foreman of No. 5; beard bis explanatian— | ove sipce, the Myrtle avenue affair. = If you determine in the affirmative, you will then pro. | was a-fight cutside: when MoGahey aud I were talkiag | ne — ‘frem Biaskioens then be nats be wae eet ee. H22,"° | ceed to an inquiry into the wruth of thethird, The iaw | together Simoneon waa in the back room; the talk was | preet Mw E exneps Sresesen, mand he took | 1000; worked with iy for twenty pod career | OU Antenne os mt, to take on equal interes wien? Preeumes that the patura! and probable consequences | entirely between us; it was very dark; it was snowing a | a negar; did ‘bot recognise the voice which ‘seid there was | was very ; he was very poaceable. ’ ~ oy} ak | " with the : - one of ‘ior ores of every act deliberately done were intended by | little; don’t know that I could have seen Simonson’s body : when oked eg TO a the EX(he city, ov would sell out altogether on ronsunchie tenn the sutbor, ard tbe barthen of proof to overthrow this | from the top of the stoop; a good many were going down; | porragensaeis ted Gallia very Kony: Es dcpentteach te tee avy ocd stu ser Meow tally’ ci au he cantot give i the atvention fr requires. seas wil. “ope Semen ree Sp yy SE ES eel 2 tne; his characte, wa fod. pat anaes at Mr. , i > “ « jrove—Plumber; knew two years and a _ ‘ene es tap | ANd nothing sbown to your satisfaction excusing it, the | To aJuror—I waa standing with my back tothe door; | Re examiped— Mr. Simengon was in the habit of coming | 14 Forked with bim twenly mouths; was wast in calied | QOCEABT Sahel to Jan tee aden easy ot the beet fm the morning, ai nine o'clock: I don't know why I umption is that it is malicious and an act of murder. | the door was shut, and ‘tention was on the paper. there, place well. of ft : “a mate” of bis; that is, we worked together; always | paying exhibitions tn the ocuntry, ready to start. Good seeu- = Sere: the evening before I was informed by Mr Vahl @ intent to take life formed an insmat before striking William Van Voorbies, 51 fleet street, sworna—Was at To eo no noise as of any one falling; saw found bim a very good disposition ard peaceable.’ rity for the amount iavested. Apply at $41 Bleecker street. . Phy 4 EET, and thet I | the blow is sufficient to constitute malice, There are two | Storey’s house on the evening alluded to; wenttuero about |: #ome Oi Deatyetee, eer} EFS was the size of | James Kevamore—Was a shipjoiner; bad known Lally he wented to take me to Mr. Bisnkman: that Mr Mlaukman | Kircl of malice express and implied. | Express melices | four OF Oye 0 coe ng tar ade tae thaie wore | balf my baod: it was not.on tho door, but oa the casiog | *igbt or ten yeare; went to echool with him, and had beon REOLUTION.—?HR OUPARTRERSHT?. lived in the Bt Nicbolas t ciel L eaurteay that Me. heakeatt | where it is openly established that one with a doliverate | prisoner; four or five came in together; saw there were a heeti . an usrociate of his ever since when they'had time; his the gubseribers urder the firm of Rodol et edt prove yen hye = Re TO oy —— S| eine tee ae Foyt hy al bol james Coupelly--Waa employed at Mr. Storay’s place, | cbaracter was go:d; never knew of his being ia any dis. | Dene Mone Ie ttle de fovstpn he be They taked for Me, Bisakeans, | uct, though no positive declavaticns may. ba proved, | abd MeGahey, missed’ Woods and Drapor soon after. | Ad was thore that night; saw Lally go out firat—then | turbance, | Diock, who will continue on with the bu Ne Featanrant Mr Blankman wae not there: we went to Mr. Bisckman's | Mallon, however, om rarely, if evor, be diroctly proved, | wards, did noi see the prisoner aud his frienis go out; | Méllen—thon MoGehey; I saw Mr. Simonson after thoy | ,, Thomes Riley —Was & Deputy Shorift of Kings fino for the wale of Fronch wines and superior Inger ler” idence, and any facts | did not see Simoneon go out; beard no remark about a | Wentovt standing by the stove. i house carpe et ee er i Ameren, vee Sra, Sermons, coffee, eo¢ Mr, Biaobman inquired wi the case. I told him the whole vo Fy per pieokt | but depends upon circumstantial ‘ bad known La'ly for eight or ton years; his character ag | at f 4 . which have a tendency to afford an inference must bs | crowa being outside; was in the back room; I was in the William Morris sworn ~Was at Storey’s the evening of tho 5 5 1 ‘ ad Oouise sizee's, and T explaios’ ovpryisien to | 4 | Taken into ‘consideration by you; bis dectarations before | rear room, with my Uack towards the door; heard the | Occurrence; enw Lally and bis two brionds go out; Simoason | {0 Peace was very good. had been an siaociate of his for Maw Yous, June 14, 1868, iH. MONQUIN, _ hat, fT sestifed to thet. that « ancem! £0: 1 de and after the occurrence; fis conduct throughout the | words ‘Good age, Me. monson;”’ I didn’t know the Peleg yrs poe a ereped gone out — Themen bb wend ARTNER WADTED—A PRACTICAL B gIXESS MAN, hat I was Dotified, 1 - - o . : ; B’ y ‘ } i @ few days before tbe first ‘tris ia 4 . * a a transaction, whether or no he bad any concesled weavon | voice; it was afior they been in some little while; it ay iM long Tally business, alteady ‘cetabtished, i one of the beat Tosstions| in aN. 228 brother end about him; bis manner of using it, aud a variety wep mmpasentty in 0 freetiy way; the conversation was | returned and was going into the house I met Nodine; menin Mr 1) : % 5 j Saw him on | the ctty. Apply with reference to C. H. OLIVER, 61 Liborty e of matters which will readily suggest themselves | ail fritodly; I known Simonson from a boy; fifteen minutes after that [ saw Lally go out; he had been 4 panne 1 jean. he drives a bene we to you while engaged in examiving tis caso. To | laughingly about what he raid when he camo { srtstan: taihen aan tielidad tan aimed te on Coen ibe howes, Caslon sires, near corner | 4°=—~ Q Whes ; started that you would make justify the taking away of the life of an individual w didn’t say €0, oF mean #0; eait that he could lick any man | Went out; Mellon eoa McGabey bad to go out aod Toon the trial of Caneel to emotes’ ecebs ne aah e'h.| toe prinetple of ee the danger must be evident, | ia the hotee at getoe of crib; heard Nodine como fa aud | called to Lally to fellow: Lally sald he wanted to ayy a | of Myttlc, after the alarm of fre: bell was ri machine ve emont, 12 join the advertioer in & genieel, don't recoliect whether | said tt or not Dear sad urgest,and not probli al or romote. No | announce seme one waa hurt. word to Hamilton; they all came bask; MoGabey and Met. | pmo, came to get bie Gap asm ‘house he was a Iitte in- | plessant and iuerative travelling business, For MATTEIASLAUTH. | contingent necessity will avail, and when the protesded | Cross examine’—I siood in front of Lally when he was joe | scutented, ond odvines bien net te ao; bn Bd 4 quire of A. A. HOWARD, No, 16 Loud street, from 10 A. City and County of New York, «—John Johns beimg du) Seceenlny comstste of the as yet unexecuted designs or | talking to Simonson; I had been talking and smoking be could hot run much; we loat ‘of we took home =e - worn, Adolpbrs Mincho ac'ing ss interpreter, deposne an fol- 8 of another, the prisoner is not allowed to justify | from four or five o'clock: don’t know what he drank; after ‘Sto- Mr Lauth und'Me ihacheit binckag he.bope business: Tknow | himgelf by reason of their existence. If the prisoner at | Simorscn bad said he meant ata gamo of crib M ‘ing at the $250 KARTE, AN ASSOCIATE WITH THE tefnng lagethersT think Motion and Sieonsm shor hands, | te tachine, and {saw him again; he was arrested there. S300 7 SOccAN PRERGETIO PERSON. Wits : . Cross examined—3et him sometimes at the engino— the above capital cam bear of an excellent oppor- 1 Knew Lauth, abou - one time was in imminent of death or of great arked all bands to take a drink; don't know bow m: Mr. Simonaon lit a segar and bogan to emoke, and at that . Vanity to estaviish himeelf aa na ina good odice bast Kotw Lath, thei worked ia ie same ‘asorh bissbg | bodily injury, which is afterwards removed.or s notoaa- | drank; don’t know where Lally was when ist was anti; | moment | heard some oneeay,\<Thero is acrowd outside,” | sometimes coreer of Myrtle avenue aud, Canton street: | Sets by callingat room No.8, Siz Broadway. 000 if hy tinuipg up to the time of the striking of the fatal blow, | covld not aay whether it wes Lally’s voice or not that seid | Mr. Simonson Went out; I went out by the back door, aud Seat ated tenants er gE ape then he fe not jastiGed. If a prisoper at any time “Good night, Mr. Simonson,’ people were comiag in and | ©#™me round by Fulton street to the front; saw Mr. Simon. $ Ny —A PARTNER WANTED TO INVEST THIS re sometimes two dc zen, or three dozen; never waa arrest. $400. amount in a rood business, whereby $3 000 ‘vViovs to an ecourrence bad been in imminent e pp ne pit SAE a Wen cuth og a aoe hi 4; wan n fos bellg arash and : | an be meat wrcrak ap ted #5 600 a yone meet | and yartion at all; there ont last; alithat he beard Lally say was “that ho could | “erly. pa - (icuetdssuel heey of 0 leased eae loud talking; the subject of the controversy was some basi- | |x amy #9 of a b—h in the house.” yctratopber Wright, sergeant of the Metropolitan po- | ‘rom 10 to'2 o'eloe ' fe ness matter between tho two; dor’: remember that it was | . Frederick J. Nodine sworn—was at Storey’s that night; —Was two years ogo captain rth district; | ene ee referred to after Lally cm? a loft before Perkins dif to get his supper; was gone about | knew Lally; Laly Speed lg ep tap 4.00 -TARINER WANTED—IN A RESPROTABLE Hicks Post s worn— Waa at Storey's house on the even! twenty or twenty five minutes, not longer;came up Pierro. | | Kew him and bis peopl, bis father and mother ; coul AU. cash Doniness, well esiabliel ed, and large pro- alluded to; | was in the back room; heard Lally mak fay nothing against character; only knew him by a 1s & Rood opp y for ® person of small means. Pont street; went into my stabie atjoiniog Mr. ‘s; | &* Femark that he could lick any son of a bh in the house, | Just a I got inside the large door I heard a tamble on the | SED! beicre be was ssrested. @ cemateey aes TT ae ee ‘or something of that kind; be came right through, made | top adjo'ring; It was so heavy en‘ loud it caured mo to oneie ets Fourth ¢istrict noarly = that remark, atl walked to tbe bar; Lally and his friends | t0rm and look out; aw three men; two wore coming down, | {bree Years. Had known Lally by name about ; $500 -FATz, AN ASSOCIATE TO TRAVEL ; 4 and two behind the ‘body, which waa fal! long time; had seen bim on the + with» money making exhibition; will pay cor of the balding, paked tock a drink Perkies and Nodine ware talk- =e : ove =< wand = ening ~4 corner with others; didn’t know his character was worse | per week Good security given for the amount tm ER BRS notte with {hgerntiemen who were talking; si- | hind them: ran as quickly as I could aad met thetwo | henany of the others (laughter); never had any die- | Apply @ Gi Nasseu sirecl, room No. 4, sevond floor. Biaytkman: [west Gown stairs, in'9 my wagos ard meneon took Lally k, sud paid ho ought no} to say | 162 at the jonotion of tho flags and whore the carriages | “Weiss Mot ee Yi a of tally being ina $500 mA ZARTNER, WANTED wire saan rem cine SGuN SB Wek I what he did; he suid he did not way so; that he sald he | fo 8D; T passed them as close as about four or, five feel: | sacuary< heerd, tbat he Dad Ary Sheeran nee Sel onabnenes borne, 2 Josept Cristadoro recalled detvens 0. be : Debin: q i pad ay qe wih the Piiins ngage a Tom's Sicilian my. ft A ee poy Sy 4 house, who bad been a witnose; Hy in yeneCABareat a ns tN. Dey square tween simonsen and la'ly; can't say bow many came in with the prisoner; did not see bim @ oat; saw him shaking hands with Simonson, as | supposed bidding him ‘oor, Dooley’s ov the second, and Ryan's on the third: and | good night as they went om; did not positively see them; | men? you tell the jury if there is amy word in the Picilian ‘ t hes a diferent | lock $1,500. 7A. QRRTURMAR, WITH THIS, AMOUR? ears; had been be. ‘ . in cemh can join the advertiser, who will for- Tallyie cbarscter bad beon good all th | Tish like amount, tp aceub manufacturing busines. in shia an ure, when boye or even lovged to No. 8; ing Which i#adenisi of the Mt being ne. for Dowd to pass Dooley’s room on hie | my was towards them; did not see Simonson after | did not know him then; had , city, ‘Will net at least double the investment yearly Ad er fant term ° "3 rat iow | RY np staire, it eoomos an important poral to be deciiet | caw bim standing with tiem; didn't see Lally and his | o'clock; Lally and MoGehey wer w trcen-examined—Met in Myrtle avenue, near Fort | {iret Words Herald ofc, stating time and piace of an tnter- Engitsh, sod mesos know | w 4 , on the way up the last time, in passing Conway's | arsoclates after that; don’t recoliect any one there ex ran towards Fulton ;,Mr Raymond and I got | ¢, i er p... NET ae PE een eS Q deen aworn seanlted or theetoned, so that he | cept those named 07 Mr. Perry; I think there ware per- raid 4 j looked | Coven: the bose were onl wtine Foriy Acre Boyt.” =A PARTNER WANTED, IN A WHOLI Bear ‘be piteoner's counerl, have you ctr? heard we entero ny great dengor of bodily harm. | sone there I did net know besides the prisoner and his Tesinas, Mestay wrens cuttar—-tied Known Laly thir. $38,000. ~ATARrres SNARES, OA re ‘Wii bim exeept through you. as interpreter’ Never, sir. Dronkenners teh juces a perfect though temp: friends teen or fourteen years; the first he knew of “the Forty | shout the above amount— capital not so much am o'ject as Crom exeminet by Mr McKeon" acrit-nté” ie the Tialina | frenzy of insanity, will not excuse the commission of any | Crow etamined—Nortine and Perkins were at the bar lhere Boye’" wan that sight or ton years ago there was'a | fence and a gord knowledge of ihe nusiaess—nnt.oxn com re crime. it is an acquired madnege, one which the party | when Lally eame in; don’t recollect any ono ele that was itical party calling ‘themsclves #0, and the boys took | mand ®fair trade in and the city. Test of reference except in the pare MuhangRAker Beard Cavcomi eperk | voluntarily brings upon himself, and waile under (te in- | there: Hamilton was next to them, between me aod them; esr tbles tos ue Dassen new.’ given and required. Address 8 , box 3.857 Herald cilloe. Taina. laleot; he does not apeak the foence can derive po privilege, but is answerable to law | they bad beem disputing about ‘fifteen minutes; doa’ eo-cummince—iaee Ooh @0 On Cncersion With —A PARTY CONTROLLING THR AROY yas if he bad been in the full possession of his | remember what remark they made before Lally intor- Oar $5.000 eae eee ee Lato Sontag ond meaery WO, Eatin permenant. en. | 8 band Sey wore be dy ee tain Sbarp; Cardiff was dead; be, wittons, belong. | business, would like an caaagernent ins a ratuane Wee plandiog an! memory ie permanent, it ex e race; were ig about money; don’t resol- > “ + J ern aequainte nce, and oan is mu imonti cue ala Whore it otended that'a prisoner shall | leot what Tally sad. ot what he said when Hemilion Seta ee ee Hegoires undoubted securty. Address ®, box 104 Herald be excused from j ‘nis! ment for the consequences of hit e H step) | saw MeOahey; whee Daaah of acts, on the ground of intoxication, it must be mato dia. Perry pe hie inand on MeGaboy, iaily was by the store: eae eee etek crema at Tally Mnew 00) —- = Unetly and openly to appear that he was not capadie of | en "a band up, didn’t see anybody toue! The testimony for the defence here closed. SEGARS AND TOBACCO, ae Interpreter; sou have est diasingeiebing between right and —that be did not | T of. se Secuhasd ald thet us they bat "complained wo | crm am -. owes have be cher > brought RREL OF INR HAVANA PAPER "| know that wh tbe dia ey am If he had wn eaminal Reey & monson a considerable time; he moeb, he had now caused Mellen to be ‘ato court, HR BARR aL OF wm, BAyaR A car ight if they wished examine bim. Tor satapio. kod. inquire about mark, Aevor, &o., at 2 Eee craters taeeee ee mame | See ae * « Mr Peckham did not) mean He was willing that GPCARE, sBgARA< co? amCs ; At P ty they should examine bim if plensed. It was o of “ talsly Bot for the prosecution to call hima. mt wets ap ioereie a 68 eM AEDERIG A, SCHRODE Savn' py dpkg b- -) ~B BY 4 5p HAVE ABOUT ONE HUNDRED 5 per Poupestion bim to restrain thove passiogs which produced Joseph Wood, Jr., sworn— Know the prisoner: Ifa prisoner és int divtingnphing between and Mellon and MoGatey soon after ix o'clock, etanding wrong, then the law holds him to be responsible | n front of the ergine houre in Pierrepont street, that was for hie sets. Krery man is med t) be sane and in | the first I saw of them; the three were standing on the the full posession of his faculties, and to be responsible | sidewalk; the engine house js the second door trom Mr. a suarel and necessary eeanoqeonees of his owa | ssn e; 1 en] x them sod Mr. Draper into ota, un © contrary thereot be mate to by rey’; Draper and | left together within ten minutes, mencem: reaponse teetimony on the pert of the prisoner. If, thereiore, @ leaving there three persons there. 5 to it. ae ia phe TL bag Weare not plying a Vemen, you shoa'd take this theory under A To the Court—Atler we bac been in thereafew minutes | the ast witness; remembered his oom! from | game of brag; but defend man for his lifo, you moet be clearly and entirely satiafled that at the tims | Lally made @ remark that be conld liek any son ofa b—h | getting hie supper on the evening im fl heard ‘The prosecution then ed the folloving of the ocmm! of the act charged the fee Te in house; po one made avy reply; don’t remembor | a noise; the firet thing he enw was a man falling down tho 8 dofect of reason as not to koow | seeing Mr. Simonson. stoop, and another mae stepping over him; the man who REBUITING TRSTIMONY. act he was doing; or if he did Cr. se exammined—Was a member of Engine Company } stepped over him ran towards Falton street; we looked Jobn Abbay—Knew the proner Lally by sigh for a v, GR VAN. OF VARIOUS GRADES OF BAYAN A: | know he was doing wrong. | 14, knew Lally by sight only; thougut he had seen Mo- | round and I found a cap, about four feet from where SI. | month before he wae arresied; bad Manelaugbter is the jal and felonious killing of | Gabey; did not ymber Molion; keew Lally was a | monson lay at the bottom of the stairway; I gave itto | © r waa very bat. notber, Without any malice, express or implied. If two | fireman; did not know he wag atsistant foreman of No.5; Mr. , the cap produced looks like it. Croes-exarained—Hal heard officer Utter and a , and ona sndden quarre!, fight, | they asked me if they could ese the honon; I eaid “Yes,” Seat iin Catto oto of Fem Hind soon | of others, oMsers, Biche, Cresper, Bortine and « nd one of tbem Kill the other, thie ie mans ad | and mned the oor: they were there about Afveen mia. | the cap ; officer Denton and Mr. broags 4 | men coe eae} enonol re id Ly hy pot mur rence between tes; I think they wer T; Lally had a black coat and | to the station office it Lally was arrested; 1 it | 974 Myrte avi ; Devi longed \ORPORATION NOTH! slanghter ie'th\ the art whist occasions the death | cap; Mellon had on a felt hat; Morishey had on a drab fre | on is ee taint H ad Peter 0. Bertine--fied éaly seen the prisoner once; did See pote of Ald ie unlawful or likely to be attended with mischie!, yo. the | com: Mellon esd be was foreman of @ hove company in | bi H not keow hie general . your and | 18th inet at ono o'olosk, nt Ne malice, either express or impliet, which is the emance | Now York, and invited me to come sad ove thee; the oma: William Utter, pollosman— Had been so 8 Ye ; | Ing business before ot murder to be wanting—the verention Wis al\ friendly—about fire mal seven montha, wes acquainted Whh We Pitre the 60m: puted to ‘ity of human rature. No provoowi sm @ How came they to go into Sorey" ae on Bi § —— of him; he was p) whatever can render homicide justifiable, or even ex. | mo to take A drink, | sugested Storey pany he kept; had A penere ere Boye,’ aed thas cusable; the least it can do will be to reduce itto man ‘ace in partioular where we went; I Of the leaders of the “Forty v OTIOR.—THR COMMITTER ON STRI oF THe slaughter, To determine, however, whether the killing lar so eatminede Wan bod antriendiy. to him; had not rd of Counct}men will mart ip the ed pom provocation amourits to murder or manslaughter Was present « Cross. oxamined-—W of tan exces members of the police, | Fo. 12 Oy Hal, on Thursday he i, ak Aes Sey tome the instrument wherewith the homicile was elect 74 the remark heard any one seer a a police officer; knew Lally; know | ‘es interested m the opening Ca | must be taken nia con on, for if t wore 1 wrong of ou, to MAK such a 6: fie. A led.) did not kkow his general character. street (0 the Raat river are requested 9 Ferwe) commien deadly eapon, the prevocation mee for makivg it;’ of someth! y cloeed on both ‘court JOHN Van TIwe, moet be very great i Geer Phe ine from murder ty | wer ‘het wer 8!" that are we se ‘The wetimony bw —_ “ Jvikit By ina ,) Bereetad | mansenghter: ‘the weapon of icatrument employed |” To tbe Courl—Did not boar Lallp’s reply: didn’t recot. cured UR this morning, at ten o'eimek,