The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-16
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| all know about the matter Kennedy was not
on duty at the time he down at the store his tour OF
duty expired at o'clock il his duty 10 have
maned in the station house his return from post he
had no permission from to leave the station house.
rules of the department the station house when
II their duty to remain in unless leave granted by
| the Captain
! Crossexamnation by Mr. Tallmadge-Kennedy resides
at lit Franklin street directly in the the station
mouse; should not mss man from the station house
unless lire or rot should occur as we supposed him to
| be up stairs asleep
Q.-Is it unusual thing for policeman who resides
in the immediate vicinity of the station house take ad
vantage OF the recess and home for few minutes and
return aganS
A-Ihat o question cannot very well answer as we
don't know. should deem II not very great disobe-
dence of orders, if his services not Immediately
qured
Q-Is not policeman always duty THAT is, il he
any suspicious persons in the act of committing
about committing offence is il not his duty to arrest
or try TO arrest such parties?
Al should say it was the Mayor considers policemen
Did you search Kennedy IS house with the Chief of
PoiceY
A.-No did not; don't know the reason why tho
Q.-Don't your policemen frequently find stores open
during the night and what is the duty of policemen
such casesY
Alt is the duty Of the policeman to find the owner Of
the store and take charge Of the store until the
comes my first impression would be to call assistance,
and examine store for thieves ii had matches with
me, probably should strike light; if not should put
lantern
The evidence of the last witness closed the the
part of the prosecution and Justice Osborn informed Mr.
Kennedy that he now about to examine him the
alleged charge of burglary and that he at liberty to
decline to any questions that might be
put to him. Mr. Kennedy not appearing to wish to avoid
questions the following account Of the affair
he alleges it occurred to questions put BY the clerk Ny
name is William Kennedy; am thirty two years of age
born in New York and reside at No lit Frnkln street.
am policeman.
In reference the alleged charge Mr. Kennedy gave
On the morning Of Wednesday, the 18th January
relieved at o'clock; went into the station house. and
gO nR n nded
my club TO policeman and told him that going to
my home to get some bay to bathc myself for the
rheumatism when took oil my clothing at the station
house, put the night key in the door of my house
three going down Franklin street towards the
river; one having light coat and glazed recognized
the by the Of Frederick Knoll who
cd two months previous for stealing at the foot of Hari
son street; followed these men down Franklin street.
and the Of Hudson street whistcd and police
man Smith came up to me from the opposite side of the
men; he told he had observed them and wished mo
TO follow them with him. they continued down Franklin
time had reached Greenwich street here we
made stop; the men also stopped for short time
two of them passed down towards the river and the
other remained standing the and in about
minutes after he left and followed after the other
shortly after passed down Franklin street and when
the of Franklin and West streets the opposite
side to Hopkins store, stood there heard a
noise ~ il u door opening shutting; passed
over the store of Mr.. Hopkins and as smith was n
few feet ahead of he discovered heniddle door Of
Hopkins store open; then told Smith that Hopkins
clerk se, up stairs over the store az had some time
ago been that post then advised Smith 10 hide his
star and stand in the shade smith said to you take
your club and star and 20 inside the store which ac
coringly did had short club which always carry
entered the store drew match from my pocket struck
light and held the match in my hand, and walked
twenty feet towards the part Of the store
that time J heard voices outside the store, heard
smith say, ~ you mean to XIII me7' then turned
of pistol then took hold Of the knob of the door,
and had it open about foot, when a man outside
ebrm,a back n9os he the door
Kennedy what means at that moment officer Ford
up and he then o.cned the door and walked OUT
at that moment hearing Mr. smith groan, went TO his
side and skod hat the matter lac replied hey have
shot in the back asked him why they done it; he
said that two around the the instant
entered the door and said I'VE want YOU he then put
his hand in his pocket TO take his club out when the
out ne would blow his brains out he then stepped to-
wards Mr.. HOPKINS who had hold Of the door explain
him the position of himself and my self when Mr. Tay
or discharged the pistol and struck him in the back
then all proceeded to tho station house. gave Captain
Hutchings statement of the affair and said Smith
would be there then by order of Capt Hutchings
stripped Smith in the back being then about ha
past four O'Clock; went to Smiths house in Greenwich
street and informed his wife that John, her husband
injured and that if they brought him home be
alarmed as it would not amount to much. she being in
delicate health then returned to my house and there
remained until the Chief Of Police came not having the
least inmaton. at the time that suspected and
30 informed the Chief. of the three suspicious
whom J followed, one was tall man. wearing glazed
cap and white coat. the other two were medium
sized men, wearing dark clothes, one having cap and
the other hat they also apparently had empty bags
under their
The above statement concluded the examination of Ken
ncdy and the following witness brought the part
OF the defence Quite number of respectable witnesses
in court ready to testify to the general good chaac
ter Of Mr. Kennedy but the gisrate said he did not
require any such evidence before him.
James sredcn, being sworn, says-I reside at No as
Hudson street am private watehman the New
York and Eric Railroad pier situated at the foot of Duane
street: was duty at the pier the night policeman
smith shot; that night three suspicious men
prowing about the dock OF them, should say,
man whom Kennedy had arrested months
ago charged with stealing potatoes Kennedy brought the
~ that. ~
dressed in glazed cap and light coat the other
dressed in dark clothes and OF medium size attention
drawn to these about eleven O'Clock and the last
tine Ettle after twelve O'Clock; they going up
jay street, from Greenwich street to which place had
followed them aud there lost sight of them one'of these
afterwards trying cellar doors under suspicious
circumstances; from Of the cellars he out with
dead pig his shoulder and followed after him. when
lie dropped The pig and or up Reade street took the
pig 70 the depot and returned it to the owner.
Mr. Talmadge requested that the examination Of Smith
should be taken and then the ready be sub
mitted to the magistrate for his decision.
Justice Osborn remarked that either Sunday or
Monday morning he would 70 TO the house of smith and
take his examination provided he could get another
gisrne 10 sit the bench during his absence The sum
ming up was therefore adjourned until three o'clock
Monday afternoon when the will be submit ted for
the magistr rate'S decision.