The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-09
The First Ward. Uom,c,Jc.
CONCLUSION or THs ooRoNER's INQUEST UPON THE
BODY or DAVID avuRLEY THE PoIIcRMaN-yEf.
DICT or THE JURY AGAINST HOLMES.
Before Coroper ana,

BODY OF DAVID aouRLEy THE PoLfcEaAN-vER.
DICT OF THE JuRY AGAINST HOLMES.
Before Coroner Hilton
Yesterday the inquest upon the body Of David courley
the First ward policeman killed in the discharge Of his
duty Friday night last concluded before Coroner
Hilton. The hour set down for the CONNER cement of
the days proceedings eleven O'Clock but in conse
quence Of the sudden illness OF the prisoner BY fan,ny
the entrance Of his wife into the Coroncrs occ the
proceedings did not commence NTH twelve o'cloc.
The inquest was by consent Of ali larties concluded
without the presence Of the prisoner II being deemed
highly necessary to convey him back TO prison a
rage We understand that he has now been attacked
with eryspeas, AMI lies very III IN his cell in the
Tombs The crowded 70 suIocation by the
anxious friends of the prisoner and the decca ed who
eargery listened to every word OF the testimony as
the prisoner had been his trial in the Court of Oyer
and Terminer. The following testimony was The eonclu-
sion of the second day proceelingss-
G. w. Derby, being duly sworn depcsei and ssid--He
was surgeon IA the Nes York Hospital deceased adj
mitted to that hospital on Saturday morlg ex, remey
Frustrated from wound in the chest he also had a
wound on the left cheek and another the lower pr-
OF the side he fingered until IL O'Clock noon oa the
9th, when he died post mor.em examination shove cd
that the wound first mentioned passed between the
and second ribs Of this left side entering the chest ana
woundng the lung the cavity of the chest filed
with blood; this wound the of his death the
others were slight flesh wounds the external opening Of
all thes other wounds was inch in length the wound
the covered with blood, that
precisely to ts Character the other had the ap
pearance oil having been done by sharp instrument
the wound in the chest could have been produced by
dirk knife the lung collapsed that could not say
as to It's precise dth should think dirk knife would
have produced nrch n wound
Cross-exenlrod--Can you form any idea OF the size o
Tho blade Of lie knife from the extent Of the wound?
A. could not; The lung in such a collapsed state it
wss in! ossib!e fer 10 do so.
Tie counsel for the prisoner here aked If all the
Jurors were present.
ccroner-No; there but seven present; one of
them Mr.. Campbell who lives in Eleventh street is alb
sent, but II You wish will send for the absent juror
Counsel for tle prisoner-Wcl inasmuch as the
statute requires but six jurors, nm willing to proceed
in order to facilitate the business. All wish is that
record be made Of the fact of jurors only being
present.
Coloner-If you want to take any advantage of the
absence Of one OF the jurors hereafter why will ad-
journ the case
Counsel for the prsoner-I am willing to 20 on with
the jury now present and will take advantage Of
the absence Of this juryman.
Coroner-l have, nevertheless decided to issue war
rant for the arrest OF this absent uryman IL might
raise some question of law hereafter.
The absent juryman however at this moment entered
the ROOM and being rebuked for his hardness the in
quest proceeded, the medical testimony being read to
the absent juror
I. NJ Minturn, NJ D., being duly sworn, deposed and
en dav e. v
reading in my Office, front ROOM second story heard
good deal Of noise and quarrellng in the street. oppo
common thing in that neghborhood until heard the
wa,chmen's clubs rafting and a woman's voice
linen got ana looked out OF the window into the
street and saw two watchmen arresng with great
difficulty, as he tolcrably drunk; this beneath
my window they took him from the opposite side Of the
way and took him to the station house. passing under
my window their way to Rector street. several per-
sons then ran across the way to No. SO and then return
Cd to No &C. when the officers pursued on; arriving
at Nob8 they coming the noise again about five six
persons crossed again after the officers had gone with the
prisoner sharp words took place. but all could hear
the words uttered by some one several timesI don't
want to kick up row in Mooney's house, this must
have been about twelve O'clock little after near
as can judge about ten minutes afterwards two officers
came back running, from Rector street; they went
among the crowd at No. 49, and in short scufle
ensued; then saw two policemen emerging from the
crowd following man who walking backwards and
cndeavorng to avoid being arrested heard Of the
policemen sGy--'You are the man we want' the man
whom they sought to arrest mooned his hands in such
manner as TO oppose any arrest they within
step or two OF the curbstone of the sidewalk of No. 5
when heard the policeman make this exclamation; he
still continued to defend himself when he received blow
from of the officers clubs heard noise, If it
hard blow, which feled the the sidewalk
grating Of No 55 the blow knocked him across to the
grating OF No 90 from the curb stone, where lie was
standing when struck could not say whether the man
had htld OF The r,licena not when he walking
backwards across the street, but his moving
alout as II avoiding arr,st ii too Ia rk Tor to
ice wi ether he had hold Of the policeman not at the
me this man te one Of the policemen, the his
i ianc side in front Of him. stopped down if to take
Is Id Of him. tie Policeman had scarcely taken hold Of
,he man on tc ground, Wien lie tumblc down and said,
am stabbed: sm dead man, did not see the
blow given It waStoo darn; the policeman twisted his
body around sat On the stop with his head forward
ana cried out - an, stabbed am dead man. Oh !
tcrcncr--wherc did tho officer stand at this time A.
ABB three or fo.r feet to the left Of the prisoner; and
rs Son as he the aforementioned oidccf stabbed,
he gave four rors with his club at tho time tina
" nan t he cot N and ran into No. 50; this had
II hit gray IT Oh, and IL appeared IT, ne III lie had
cap which tiuk he picked a., his band from the
Sidewalk before hc ran into the honse several officers then
came ana searched the house No 3D. willie others took
the wounded man it too dark for the
stab given there the deceased when he
was stabbed but tie prisoner ana officer sheehan; about
haii an honr after tits, lsaw officer convey
oct Of Nc. 81, without boots coat on; did not see
knife or dirk in the hands Of this man; the must
ing as he could not have had time to draw il quick
AZ he did uion the officer; at the time the
searching the house No. So called of the officers
and told him the man that they looking TOR hal
run into hcuee No. 90; but he told that they had
found him. Q. What time elapsed from the time you
Jaw the man running the street to that when you
ccnds.
CIoss-examned--Q Did you leave your room, or did
a. did not leave my room; viewed all from the win
dow. q Did you say on your direct examination, that
the man wa struggling with the officer that he
only endea' oing 10 avoid arresty A. meant that
he was struggling and resisting to avoid arrest.
g 10 you mean to say that BY. his voice
e TO avoid a aS s 'n a G no set
any physical contest 1t was too da.k. O. Did you hear
you rtoollcct, any the language used BY the OH.
Gers. A. AL heard said By the officers was You are
the man we wan g. TO you rccollcct hearing the
ran rel ", You lncw where YOU viii find me in the
Were there gas lamps Blu ming in tlc vicinity A. Yes
There was lamp burning in front of No. 3d. q We're
tLec nete burning on the ol poshc siles A. 10. O.
ia You see Tie clubs IN the ands OF the officers? A.
I'm surc saw club in The hands Of OF the officers
8 Mich Of them was hi, A. The one that was not
~ tlcd Z. Can you say that the that stabbed
bad 10 elrbg a. | cannot. q You did not SEQ the
i'tw ghem with ibc clubg A. saw the motion AMI
- TIE ncisc, but cfnro say who il that gave the
hSw hut was ~ tie icanc; and Hest Of the
iMo .. TIN you iaa.c by the sound on What part Of
lie lody iAe Li,,w fell? Il. Yes. q. WlercS A.
lahei a. lit l~d the cavity Of the chest
T. Nhat wight u ilc eject ~ sscii blow? A. II might
Law sinniee ~, MAR d igac'to! the skull q. Would
Iot tr'ii II y rae &c 'trct Ia .Irivc Tempo
HrN :" IL I'a 80 =. u ugh: bat lie coaii have
- !sa 3l 'ts r. yi shi Lar, Hyolantary motions.
10 80 }tni i'ts, .isH o'.e i'ts@ a. No q. think
goo t.1H Ia sti itts4 II. n"fs 5s'" the grating:
q. -. q. as = sa.iu. 90 iir thsrY \. M. q
81 snti tsr' "a ;tc man ,iri 10. 81 was Il raining
no =. ." .. Ia icu gr when lie was
~, Nlci.i H. l'ae vas '.,ic ~ a.E A. Ills head
80 t.". e NIet.rtc .;l$ rnF rs.-.iios' lopsin-
IN y q n'' N-ft - ilt.f ,iot ~ IL, mry a.
'tlitf"tf- &. ~ 500 las" III s'!uaS. Il. 40.
&. i"!o ne n tf = ,nE braf tiis t.aR. 4. de- not
~ l48e ft#t 4ff y