The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-25
Trouble with the kQuatters.
DARING OUTRAGE = THE SHERIFF SHOT ~
s0UATTER.

sQuArTER.
from he San Tranclc Herald August J.
Yesterday, about the hour of noon, writ OF resti-
tltion issued cut OF the District Court was placed
in the hands Of Sheriff johnson, commanding
him to restore to the plaintiff in the suit, Rodman
NJ. Price, the possession OF certain lot of ground
fronting one hundred yaras on Mission street, and
running back one hundred and sixty-two feet, which
lot was claimed by, and in the possession OF, the de-
PENDANT, Redmond Mccarthy.
On reference to the docket OF the District Court,
find that the 2ith Of June last, the cause was
tried before jury, and verdict found in favor OF
the plaintiff for the possession Of the lot as well
for one dollar damages. The writ Ct restitution was
istued yesterday.
The process Tas placed by the Sheriff in the hands
Of one OF his Deputies with directions to execute il
promptly Several similar writs had been previously
exceeded in the same vicinity, without difficulty, and
this was the only remaining one. No. anticipating
any trouble, the officer proceeded 10 the spot, and
was met at the door by the defendant, Mccarthy,
who, when the effect OF the visit WAS made known,
drew pistol and threatened to shoot the officer il he
attempted TO proceed With the service. The officer
exposlulated but without Succeeding in allayng the
excitement OF Mccarthy when ne determined to re-
turn and procure sufficient force OF policemen TO
prevent breach Of the peace. On his way TO the
Narshas office, he met Under. sheriff John A. Frea-
ner. TO whom he related the occurrence, Mr. Frea-
ner, believing the police force unnecessary, deter
mined 10 execute lie wit IL person, and accordingly
repaired TO the spot, entirely unarmed. On ap-
preaching the house. Mr.. Freaner found Mccarthy
standing inside with one Of Colts navy revolyers N
his hand. Mr. fresncr advanced and told him that
nc was the Under.She OF the county, 20 which
Mccarthy Replied that he knew him; he mad seen him
before, al the same time presenting the pistol and
warning Mr.. Freaner 70 stand oil or he would kill
HIM Meanwhile, Mr. Trssner he'd entered the
house produced the writ, andWas proceeding TO read
il, when the pistol was again presented TO his breast
with the threat Of death If he advanced; Mccarthy,
4 under great excitement declaring that he had the
| blood OF nc man on his hands, but that he would
| Kill him Frcane) ne attempted 10 enforce
the writ. Mr. Freaner, hnding that it was i'm
| possible to reason with Nee ythy-a: any moment
| liable to be shot down, without any means Of de-
/ Tending hnselt-reti7cd 10 the outside, and pro-
| cuied from one Of the byst2nders small sized
/ Colt revolver. As soon as he stepped from the
| room, the door gSas closed violently whercupon he
Immediately returned, piso! in hand, and demanded
Abundance, which was refused. Frcaner then kicked
against the door and broke one Of the panels, when
I the door was simultaneously opened sightly, and
Mccarthy, STOPPING down, put ont his hand through
the narrow aperture and tired, the ball striking Mr.
Feaner in the loins just above the pevls, and pass
ing through narrowly escaped the great artery ana
came out behind. Win great GOODNESS and presence
d mind, Mr. r. stepped az closely % poss bic int
TIC ar gle formed by the doc. and tho Jam and thus
escaped inevitable death, as the mlzle Of the pisto
almost touched his person InstantGneously, Mr.. y
raised his pistol and fred through the broken pane
atMcCartby, whose back, owing 10 the relative posi-
ton OF the parties, was exposed, and repeated tht
shots, to the number Of four, without changing his
position rapidly as the pistol could be cooked ana
fred. After Frc3ners first or second shot Mccarthy
rctreated, end attempted 70 ecure 8 more advan
tageous position behind on inner door, but ~ he wa
turning around the door the lsa shot took effect fgt
he fell 70 the groHnd, ha7ing rec ived two bats
Ip0n the first examination i was supposed That one
OF the balls hal struck the right houIderbiade and
had been nattencd upon il, and that the other had
encountered TIC lot rhs undorand back Of tho orm
ut, aud glanced downward. Upon moro thorough
examination, however, 0e we are informed, It wa
ascertained thai one i moi both the balls, had pene
~. - .4.as -