The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-05

| strike MIN mere than snoe each; Kelly and the man
In the brown coat struck him In the jaw
that man is not here now; | did not sac any
back Of his head did not notice him, only he laid
upon the foor did not know the who took him into
aS mot mt
and said he could lick any in the store but him
Archy-the little Frenchman, or Duchman Peter, came
after this Key-the middle man-and the little French
man, had drink other person drank with them then;
mer time spoke of are the only times upon which they
drank; after they drank they left the store.
dence here; am hand employed upon boat; ana a
WAS s Ssra the and oser
Strauss sitting beside the stove, and in comes
''French Peter" whom knew before, and orosent
about playing game Of dominoes with him. went and
played with him. about the middle Of the game he began
to cheat me- then set down s the dOmnoes and sad
treat or play the game out then played the game; he
then commenced to kylark" with me. and would not
What would make me fight your" he was then fooing
around everybody in the store treating and carrying
. You have forced me to fight, and will fight YOU"
then took of my jacket and he took of hs he backed
out and said he would not fight said to him that it
was good thing he said fei that sick and not
able fight he asked for his coat of them then
put his coat behind BARREL in order to have some fun
with him. he wcnt the store and returned in about
four minutes he then had Jerry Kelly and Maurice Muir
ply with him; l see Jerry Kelly here now I also see
French Peter here now sitting beside Jerry Kelly when
the middle Of the oor and threw OF his coat said
me, +" am now able to call you son of q b. again.
neither fight nor treat' With that Jerry Kelly said
Show me the man that nsulted you Peter and said he
would 6ght youn Kelly then made q bounce at me- in
order TO hit mo- William Sinclair before him. and said
Let there be no fghting;" know VIM Sinclair and
him sitting here now forgot to mention in the arst part
tast when Kelley came rushing In first With French Pe.
"A 20 va had aa1ac o,,1 L.~o Il ~
his hat Sinclair then sitting by the stove after this
he made attempt to strike me- 1Pete" the boatman
hs Sos and Th
refused 70 go down and fight then the old man. who is
i, PIas and II KELLY ~
in order to prevent his hitting me- Kelly and Pete wore
quarrelng the little Frenchman, Peter then said to
told him that had money to treat; no said 'sIn
give you money and then treat and put this quarrel
ovsr he pulled dollar out Of his pocket, and told
pay for five drinks said did not like take the money
and said to William Sinclair, "Yoa 60 and get this
returned to the had gone to the side Of the
door; Sinclair came back and gave ffteen csnts,
h up to to na
afraid st the time Of Kelly and the man called Murphy
ssST: MuRh Peter and the
with little "Fste" At this time the DECEASED said to
60 q Pete and runs to The deceased and thew quar-
relied the deceased pulled of his coat and did Kelly
Kelly said ne would not aght In the rroom, and then
out to the door opening into Water street. they stopped
outside Of the door upon the platform quarrelng and
was standing upon the step going nto the bsr
Ioom and Jerry Kelly stood upon the plat
form form beneath ns thu. him hess they got into hold.
younger and he threw the deceased to the side
walk; deceased was so drunk he fell into Kelys arms;
when he fell into Key arms they both struggled about
upon the PLATFORM and both fell upon the sidewalk, the
his head tsnched the pavement before his body; Kelly
little above the deceased when they fell when the
deceased fell he fell to the left hand side Of Jerry Kelly
when they were both down Maurice Murphy ran over
and lifted Jerry Kelly up upon his knees when Kelly was
lifted up to his knees, he raised his right hand like
hammer and hit the deceased about the left eye Maurice
Murphy at this time gave Kelly aud lifted hin to
his feet then Maurice Murphy took hold Of the deceased
BY the neck pulled d him towards him, and think no
deceased was raised by person to sitting position
upon the ground It was Maurice Murphy, mind it.
thought gave him this kick after Murphy gave him this
kick speak Of two took hold of the deceased and
carried him back into the same store which they came
bead hung down upon his bosom he had 20
1T this upon the street he remained sitting and
q dragging into the bar room, his legs were as IL
dead they were dropping, as If without any e he
two barrels in the store at this time there was blood
running down his cheek and sat as he did upon the
sidewalk Bill Sinclair came in at this time to where the
deceased was sitting and inquired what allied the
told him thst Jerry Kelly and Maurice Murphy had been
fighting with him Sinclair then said 'that is shame
old man. he meant Murphy and Kelly BY that; Little
Pete and took hold Of the right hand Of the
deceased to feel his pulse he said the man was dead
Sinclair said ll away again not there at that
time, and do not want to be here neither" Sinclair
not present at the fight between Jerry Kelly and the
deceased.
To Juror-The platform il made of wood and there
stone curb four inches wide which around the
At this hour (s1 o'clock, the Coroner aud Jury con-
suited to adjournment 1t agreed to postpone
the investigation until ten O'Clock this morning when il
viii be resumed The prisoners still in the custody OF
Capt Ditchett and his officers.
THIRD DAY.
MARCH 4.-Coroner ODonnell resumed the investigation
Of this case, at 10 O'Clock, this morning. The
jury, having answered to their Names proceeded in
body TO the Of Water and Oliver streets in order
to view the platform which is at the store of Strauss
They did not find any stone curb around It, said
be by Donald McGregor in his testimony upon Thursday
French Peter, Bill Sinclair and Jerry Kelly
brought up in charge of the officers of the Fourth Ward
Police.
Patrick Meehan sworn--I reside in the Fourth and
Sixth wards occasionally my home is No 80 Cross street,
now work in Bayley's Goa, yard, which is the
of Water and Oliver streets and is No. 377 in
Water st. last Tuesday evening in Strauss store
con line pced between French Peter and Dan, who
is called "seochy Witness identified Donald
y
nopy to the game at dominoesthe quarrel between
Scotchy'' and French Peterthe opprobrous epithets
used by the latter and the challenge fight Then he
detailed the interference of the deceased ohn McCabe
when French Peter brought in Maurice Murphy and
two other men; after this Peter said to ''Scotchy,"
"You DID son of =, you'll have to fight
pay treat "scotchy" refused to fight him; at this
time the deceased threw of his coat and said to Dan,
if you don't fight him, will;' the deceased in Ii
quor; they all thsn left the bar and went out stood
inside, by a barrel; did not anything Of what
occurred when they arst went out; heard the moi So
upon the sidewalk when got chance went to the
door and looked out at this time they raising up
the deceate ed from the ground they raised him to his
feet; cannot say Who raised him up he walked after he
was raised up; he had oay walked few steps, when
Murphy came on him and gave him blow; cannot say
If he had any weapon in his hand not, when Murphy
the blow the deceased fell the broad of his
back he fell upon the sidewalk he fell upon the middle
Of the sidewalk nearer to the platform than TO the curb
stone; he showed no sign of life after the fall
carried him into the bar, went into The bar they
taking him up; they laid him against key and his
head fell dowr after this they laid him upon the floor
he dead and cold at this time blood upon his
fnca viii can fram his