The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-05
The Fourth Ward Homicide-Coroner's I'm
vestIgatiOn-Verslict OF the Jury.

SECOND DAY.
Coroner ODon ,el resumed his investigation Of the cir
connected with the death of John cCabe at
he Fourth ward station house, yesterday The jury
wered TO their names at O'Clock The prisoners Jer
nv Kelly Bill Sinclair and French Peter brought
IN in charge of Captain Murray Dtchett The first wit
ueas called John Henry stelng who had been exam,
ned upon Wednesday, and was now recalled
The witness being reminded Of his o,th deposed-The
! man now present jerry key--ts the man whom they
called Tom and jerry upon the night of the afray in
Water street; recognize him; while the fight was
going on came from behind the bar into the middle OF
The room there for wanted to look out, hearing
he noise wanted to the persons making the noise
he bar has two windows and two double DOORS the
i shutters off the windows looking into Water ana
Oliver streets when came from behind the bar did not
COX out for the shutter upon the glass window in
\ The door; went back again without looking out
N To the JuryAfter McCabe was brought IN, to all APP
pearance dead, did not any person strike him;
said Yesterday that two drinking in the store
after the 6g6t that mistake, there five
h men drinking at the time French Peter Jerry Kelly
called tom and Jerry"-were among them; ! do not
ecoec if the deceased had been brought in dead at that
time as the store chock full Of people
John Mcconnell swornI reside AZ Sterling, in Orange
Y county when at home have spent this last winter in
4 New York; / have been employed as hand upon
schooner during the time have served upon the schoon
ars Norma and Mary Belknap; upon the last named
from last December to the early part Of February then
was employed upon the Norma trading 10 Norfolk, Va
y have been out Of employment since last Friday have
been the boarding house Of Edward Gee at the corner
n Water and Oliver streets that time last Tues
Law evening dark was in this boarding house which
IS opposite to Strauss store at this time with the
Y people in the boarding house heard noise as II persons
/ we're ouarreing man called in the boarding house,
md the street to Strauss cornr; when
II rot two strike the deceased John AcCabe
L John Mctabe standing up 1T the time, and they
knocked him down. that s when they struck him he fell
tsnk this man. (pointng to Jerry Kelly is one Of the
who struck him. that la to the best OF my opinion
4 but cannot to him; do not know this mans
name may be mistaken about the man. but to Lie best
my opinion he is the who struck John MeCabe;
the deceased fall did not him stir after he
knocked down. about the distance Of the breadth
this from the deceased standing off the side
walk amongst the crowd but not in the middle
Of tho street. about rod from where no was
knocked down the deceased taken into the bar
ID the people into the barroom they placed him sitting
against chair first and afterwards laid him down upon
dc floor cannot FAY how long he remained leaning
against the chair think about half an hour think 1t
as about an hour and half before McCabe removed
rom the barroom remained there all that time during
his tins did not McCabe either hand or foot
there we're great many in the during
was placed up by the chair the middle man now present
Jerry Kelly OF the men who were drinking at the
bar when McCabe was laid so; this Is the man sho
II ink struck McCabe outside Of him one OF
. the men who drank at the bar; the man beside him,
French Peter is think another OF the men who were
drinking at the bar think he, Peter Is the man who
treated the party the middle man Kelly challenged
man in the &c out to fight; he said he could lick
Of them except Archy; this was when the deceased
vas leaned against the seat think he was dead at the
tme the challenge made; cannot say II the two
men who struck McCabe had anythng in their bands
when they struck him; l can the time when Mc,aoe
fell saw him fall he fell upon his back he fell AGAINST
stone step which raised against the sidewalk MS
head struck against that STEP this step ~ raised ABOVE
The sidewalk going TO strauss store this step II knd
Of platform which goes around the Of the street
ahen The deceased was squarng up to the men VINO
struck him he appeared to stagger think no was drunk
hem when he received the two blows he fell right down
tui helpless; he did not strike the men, either OF
hem .. an before he was struck did not see the men