The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-04-27


fore knew Hogan Hogan asked me to take drink; they
seemed to be in good humor deceased appeared TO have
little but not what should call drunk had never
heard OF Conroy before Hogan In the habit OF taking
acted went to drink with them becau,e Hogan he
q that would get mad IL denied what he asked;
when came down, Hogan said " HaAo, won't you have
drink ~ cart say who raped at OConnors door; heard
both Hogan and deceased using profane language think
deceased used oaths when he talking Dennis
oConnor in his house. don't know how often the party
raped at the door; think there gas light burning
on the counter when entered; Conroy appeared 10
be angry because he did not get the liquor;
o'Connor asked deceased and Hogan than once to
go out can't how often; they went out quietly when
they did GO deceased sad nothing that can recoiect
the first brick very short time after they went
out about four FIVE minutes don't know which said
she would FIRE bricks" the police came ten or
fifteen minutes after the gun fired nobody left the
house in that time that policeman asked Dennis
OConnor who occupied the house and Dennis said he
did he then asked who fred the shot, and Dennis said
he did to this don't remember whether said
on the Coroner's examination or not.
with last witness remained in the house when deceased
went out after he left heard missile thrown against
The aoer heard bad language to the OCon-
to out; next heard pane of glass broken;
and heard some running away, but could not tell
who it was heard the shot fred; heard deceased ex-
claim lord, have mercy on me, ! am shot," the win.
dow partly open, and sitting opposite; went
down and taking the deceased to his boarding
house.
Cross examned-I was sitting with Ledgerwood before
that had quart of beer and some ginQB Pop in the
room Hogan came into our room and asked - go out
did not this time he went about quarter OF an hour
afterwards; they seemed to be good friends
De Witt Clinton Campbell, swOrn-When first heard
loud talking, and fash of gum and heard report,
southwest Of Fourteenth street and avenue
Immediately thought it not unusual occurrence
two running to the drug store and after learn
ing that man was shot went Immediately to Dennis
O'Connors went to the door and raped and Conner
opened it; when he my star he tried to shut it;
put my foot in and my companion forced OPEN officer
fancy asked OConnor who was the proprietor OF the
houseY he said he was he then asked who fred that
shot2 Question objected to by counsel for defence
Objection overruled) He replied, 81 fred it stepped
up and told him he was my prisoner and took him out
Charles Seymour, sworn-ln December last lived In
Fourteenth street between avenues and B; did not
know at the time, but know now where OConnor lived
the door opened and saw person come cut about
two steps think he was in his shirt sleeves and had
gun, and saw the man fall.
The testimony Of this witness concluded the for
the prosecution.
Michel OConner sworn for the defence-Am brother
Of the accused at ten O'Clock his place closed up
mother in bed and not expected to ve che was
in the back room she is about eightytwo years old;
rap to the door and Hugh went to the door and let
them in; two of them began to spaf was called into
the bar one of the ciapped his hand his thigh
as if was the spring of knife Dennis said pointing to
of the men, 'that man said he would have my lfe;
they asked for liquor Dennis said they should have none
without the money: the deceased said-"You son of
b-h will have it your Ife;' Dennis ordered him
out and they were put OUT tried go out Of the side
door, and brickbat hit and hat knocked of
by stone saw Dennis load the gun and then he laid it
down the bar afterwards Hugh OConnor took 1t up
and said he would fire it, Dennis opened the door, never
left the house Hugh took the and said he would fire
it, he stood the bar and said he would fire them
and if it didn't them he would give it to them the
time Ledgerwood would not go out for any man he
did not attempt to 20 out Nothing material elected
on witnesses crossexamnation.
Lawrence Conan sworn-On the 18th of December last
resided one door from where this occurred in
way connected with of the parties when the deceas
ed and party out Of OConnors the door closed
Conroy came down to where ! was standing, with some
five six friends; Hogan with him; it was about IL
o'clock Conway seemed to be excited; he was taking of
his coat and offered it to of to hold but they
fused to do SO; Conroy throw three times Hogan
said, ''Throw in the light" and deceased exclaimed,
.'You sons of b--s come out :; Hogan was encourag-
ing him to on no person came out OF the house, the
door partly opened heard the gun explode de-
ceased fall and heard him say he shot, he about
the width of fifteen feet from the door when he shot
house se'''''> - '' - 80 - '
Tie case for the defence here rested and the counsel
both sides proceeded to sum up
The Court then delivered the charge to the jury His
Honor saidI do not deem it at all necessary, gentle
after the elaborate statements in the way of argu
ment which have been made in this and the test
mony which has been given by the witnesses, again to
men, that you recolect all the prominent facts of the
particularly all the prominent testimony Of the
witnesses That the deceased was killed at the time and
place in question: is in this as in most Others not
disputed Whether the prisoner at the bar actually dis
charged the deadly weapon which extnguished the life of
the deceased be point in the case The preponde-
of evidence is think that he did At all events,
gentlemen he got the owlng piece and deliberately load
for the purpose Of using it. causing it to be god,
this transaction. Now gentlemen, the question is
this killing an act of Unsuitable homicide or was it y
The law this point is little more than mere emdi
ment in language of what all rejecting In country
Of laws would themselves say was right or wrong in
given Was this act then one that strikes You as
under The circumstances usfabes Is it to go clear of
al punishments If 1t necessary of course it
iustifable. Now let whether it necessary
Of them if you please who at late hour of the night
fit to invade the quiet of the prisoners house. He
fit to go there for the lawful purpose unfortunately
of indulgence when he had already had more than he
ought to have hada great deal This store Of the pri
soner's, it appears, was drinking shop He was ad
mtted and used force to go in. And he attempted
to do what9 Why to get this liquor without having
ney TO pay for it, and when denied cred-a very
jusfable denialhe reors in such language it is not
necessary here to repeat There no justification
whatever for it. When ordered out elected and the
doors closed the occupants had perfect right to do
what does this aggressor further do outside? Merely be-
he had been denied the miserable indulgence of
glass of liquor he deliberately gathers up brickbats
and not content with that throws them through the
glass fan light n. the top Of the door. This at
twelve one O'Clock at night, when there was sick
gentlemen that in such gross violation of law right,
and propriey any punishment at all suited to the act
would have been perfectly ustifasae to have been in
cted by the parties themselves the spot il there
time for the law to intervene That act the District
Attorney has told you would have been had they sought
redress of the law treated misdemeanor and pun
ished with imprisonment. 1t was not capital Of
fence; it was not offence in which the law would
have exocted the life of the aggressor Now, them
It an offence which, under the circumstances would
have justified the acts Was it. in other words neces-
sary to 60 that length? have given the strongest
cooripg to the acts Of the deceased they cannot be
coorea too highly. Let how the others stand.
There were five or six persons in the shop ablebodied
men, there were two side doors communicating with the
hall They might have given warning to those outside
from an upper window, and say to Them sf you don't
desist from these ontrages viii be compelled to fire at
you,' ana shown the weapon to them. Now, then.
other thing What to prevent their opening that
front door for they did open afterwards to re What
was the difficulty previous to that firing in opening it
and give this warning There may have been danger
from those without, but greater than when opening
the door to fire NJ warning given. If you think,
however, that the inmates supposed the six friendly per-
sons who outside at the time were members Of the
same party in that apparent state Of things hoy had
right to act upon that supposon IL they honestly be-
heyed IT, Not only was there opportunity of giving
wernipg, but with moderate portion of physical cour.
age something above that of the eebler SEX would have
induced these six able bodied 20 out first and
meet these ageressors Much respect the sanctity
q mans castle, cannot say that in this case there
was that necessity which could Justify entirely such
act IN the kil ing Of human being under such circum
stances But II it is not TO be justified the question is
with what degree of mitigation this to be treated
INC cauae which covers this case Is that every person