The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-03
Another hluxaee ln IT, UOarth ward.
ARREST or TUE ACCUskD PARFTHs-THH 0OR0nuAt
INVESTIGATION


Tuesday evening, alteration took pAoe In grocery
store kept George Strauss at No $40 Water street. b.
tween Peter Laspey sfias "Frs.oh Peter" and sAnor
named John hcCabs, and from high words personal
conflict ensued McCabe badly beaten and knocked
down insensibe. The police called TO the scene,
and conveyed the injured man TO the Fourth ward station
house. where he expired soon after.
Officers Langdon Rsdden, Gleason, and Mcclure, ar
rested Peter Laspey together with jerry Kelly and Wm
Sinclair who said TO be the three men who beat the
deceased thereby causing his death Dr. Wetheril On
making post mortens examination Of the deceased dis
covered severe fracture ct the base Of the skull which,
in his opnion was the immediate of death The
injury Is supposed to have been done by blow with an
iron weight such used In grocery stores and
Of the accused parties
Coroner O'Donne proceeded to the station house. at
O'Clock in the afternoon yesterday In order to
the circumstances connected with the tragic
The following highly respectable gentlemen were sworn
upon the jury, wiz
John Iudlum, No. Ice West Twenty second street.
Frederick Stephenson, steamship Humboldt.
John Pye, No. 1868 Pearl street.
John w. Gillen, No. IL Chatham street.
Charles Berry, No. 1b6 Cherry street.
R. B. Holland No. l6 vandewater street.
French Peter Jerry Kelly and Bill Sinclair brought
up in charge of Assistant Captain wllston The jury
proceeded to view the body and after their return the
following testimony was TAKEN
John Henry Stirling sworn-I reside at No. 81 Olive,
street. at the of Water barkeeper to George
Strauss who keeps porter house ct the above place. the
deceased John McCabe In the habit Of coming into
the baroom three four times week. yesterday Tues
day afternoon he In and called for glass Of brandy
which gave him. knew him by name since he began to
visit tho house, he treated the Frenchman called Peter
and another man whose name do not know; this was
about O'Clock in the afternoon Kelly who is shoe
maker, Bill Sinclair, and Maurice Murphy present
there also little they called 'Pete' do not know
his other name; there with red hair called
"Bin," and another who said to that his name
Tom and jerry" there an old man, who Is en-
ployed in coal yard present all the time; he knows all
the parties the coal yard IL in the lot next to
this man knew the deceased Mcabe and also about his
DEATH my opinion no knows all the circumstances
nected with the quarrel with him. must know It, a. he
in the barr0om when McCAbs treating the other
peoples there was card going on about half an hour
Frenchman, playing whom the deceased, Mctabe,
came first into the bar ; the other men have mem
looking on. and some standing around the card
playing continued only abont ten minutes l think
they had drink; ! am sure they had drink; Peter
Jerry" quarreling, and McCabe said he would take
the Frenchmans part then the deceased took of his
know who said, " Come and Hght;" somebody said,
Don't fight in the store the people then all went out
and the old man and myself remained inside when they
anything Of the fight outside stood behind the
bar they fought for about five minutes, and then they
called " Tom and Jerry" and Peter the Fenchman.
came back and had drink together; lot Of them then
brought in McCabe and set him down upon the floor he
appeared to to dead at that time tho fight took
place in Wster street. and whore Stood behind the bar
directly opposite the door looking into Water street
went to the look out at the aght he did say
nythiDg to me during the time 1t lasted; Tom and
Jerry and the Frenchman arrested In the store.
Trac reaid0 At tho of WatAr md
James streets; ! am Iongshore aborer; yesterday
uesday) afternoon. was at the corner Of Water and
john nceass entered the grocery store e Of Strauss
aope at that time there were present John McCabe he
msn called pete JAIME. Kelly and others whose names
do not recollect did not drink any there at this time;
sober as am now; when FIRST went into the store
man, called scoichy French Peter wanted to shi
Scotchy who said that he SICK and at to ast
DIV came into the store at this time; thsy were in com,
pany when they came in Bill Sinclair sitting down,
and Jerry Kelly came over and rabbed his hands over
Sinclairs head he knocked on noairs hat cap 90
not know which he at the te then Pete-not the
French Pster-and Jerry Kely had argument; Jerry
do you CAM they then argued for ime when John
AcCabe the deceased nterfered and said that Jerry
Kelly could not lick him in q. short time as he
were intoxicated Il the time; had gone out !
came out; then saw John Mcsbs and Jerry Kelly com.
up each other fight Is they clnched both
d 81 to him
up to part them do mot know which; at this time
the two men lay side by side they then raised up
ly; Icannot say who raised John MoCabe; when they
rai cd up McCabe stood by the door, and they
pus h s
upon the sidewalk be fell there, and did not hear
him speak after that; when they arst came out.
him just as they fell he struck him one blow; did not
see any wes pom in Keys hand; saw them take MoCabs
say who take him in; went IN after and saw the
deceased sitting in the barroom.
BY Juror-lid you zee any marks Of violence upon
McCabeS A-After he fell from being thrown by Jerry
Kelly, saw blood coming out of his eur.
TO the Coroner cannot now say any more there was
fallen against he fell upon the flags.
James Kelly sworn-I reside at No. 376 Water street
am shoemaker Yesterday afternoon was at the cor
of Water and Oliver streets suppose between
the hours Of five and Fix o'clock went into the gre Gerry
store OF Mr. George Strauss when went in, there
great many persons there whom knew; Bill Sin
clair French Peter tho barkeeper Jack Tracy, John
McCabe-the decea sed-and b0aman whose name do
net know we're then there hsd been in the store be-
tween four and five O'Clock and went to Mr. Van by
TO get my dinner; at that time Bill Sinclair, " French
Peter boaman called "Pete." who goes with Sinclair,
the deceased John Nc abe there they engaged
in playing dominoes there Jerry Kelly BIZ Cosy and
from the Of Mr. Kelly, called Tom wit lame
who drives horse and cart playing; the two
first named playing against the two Last did not
any q1arreng card playing during the first time
was in the store; did not remain halt hour
then when vent out TO my dinner, remained away
for half hour and returned called in another store
at the opposite corner from Strauss', before re-
turned there; then went right across the way, and
into Strauss store; when / in the second time
Jerry Kelly and Bill Coey we're gone French Potter and
another young man. whose name ! do not remember,
were playing domAnoes then; + enoh Peter and this
boatnan had some difference, and both rose from the
table and commenced quarrellins In the bsrroom the
boatman stripped of his coat to fight and then French
Peter stripped off his ALSO the people interfered and
would not let them fight; they we're .pacifed French
went out and brought in Jerry Kelly and Mau-
rice Murphy when they came 10 they 60
ing to strike the chap who about to fight
French Peter; some men arose and prevented them
little Pete the boatman said something in behalf Of
the boy who was going to fight French Peter and Jerry
Kelly ran over, mahisg . rush at Pete the deceased
then inter and said that he Key) should not
strike him ('Pete') }, he q friend Of his; the
"Pete' speak OF Ii the person who goes with Bill Sin
clair; was upon my way out when Kelly and Nc
Csbe shaking each o'her, and making Q "muss" along
the floor Of the store; them from the door; they
had 0 hold of each other 1 saw no blows given then