The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-01
uho Recent Fight Between the "Fancy' In
Broadway.

PRELIMINARY EXAMINATION OF THE DEFENDANTS.
The Recorder room the scene Of unusual excite
meet yesterday afternoon, being literally ammec BY
the Clancy who "on hand" to attend the preui
nary examination Of Cyrus Shay, John N. Briggs and
Samuel Briggs, who arrested on an affidavit OF VIII
liam II Bscey, aiding and a5ettins the light Ia Broad
why fsv days since, when John Mccarthy was violently
assaulted by Andrew Hines who has not yet been arrested
fx Judge Philips counsel for the defendants asked the
conpainans point any other parties who
gagged l.. the riot that OCCASION but failing TO do that
counsel proceeded to examine VIM a. Racey whose
affidavit published in the HERALD Tuesday. lie
said he knew Mccarthy from boyhcod, associated with
him in Vie St. Nicholas and other places Of resor on Broad
way aad met him in Central Hall, Grand street, the
day Of the occurrence he did hear that Mccarthy
was to DO 'sctlot" for that day aud did not make
appoinoep; 10 meet him in Central Hall; MCCARTHY and
the witness walked Broadway together 10 the Muse
and had two drinks the way let The Museum be
three sand four O'Clock, and walked eisurey up
Broadway on tic tour smiling sde furnished themselves
with goodr scgars TO the Brandrctb houzc where
Mccarthy had his dinner ana tho witness ne tea as ,e
witness had some busnos to the Pest ocen
Broaaxey he invited Mccarthy TO accompany him, hut
he refused saying that he was afraid a difficulty the
witness replied TINT he need rot aparehend any
stsss passed In which was gentleman and lady the
witness thought the Hines; Mccarthy o'd no.
say 'Gst out you Of BIB, want TO lick yos; sub
Briggs short distance from the Poet Once ami rs Trey
pasacd him Hines SAID "Thcrc goes damned thief,
tbe.s ScSarhy proceeded but witness SAID ennis "a no
right Ia Bfcadssy had better step round The corner
Racey and Mccarthy went into Howard street and w,re
20 Hines, that he knew no (lines) had rocoivei
money from NJ C. Stanley TO be.. him. 70 which nes re-
piled "you damned hsr;' Mccarthy Did not chhi-
ierge Hines 10 eight q, that time
o DID you no: challenge Hines to nghi in Howard street
on the evening OF this occurrence The witness declined
20 answer the question: the ground that he might cub
lect himself criminal prosccutionl Witness said 70
Hines. You maSe practice Q, eaulns peo2e ,aieyss
Ifsr rtn rrnm
everybody knows you received money 10 Assault ASsr
thy; bu, thers won. he any difficulty here | wort
turned round 70 LOOK him Hines struck Mccarthy and
Knocked him down Briggs thea caught hold OF TIC wi;
ness (Rsceyl, after which shay seized hp; the ~ness
was o. the impression tnai Briggs kicked Mccarthy IA
not SAY ii fighter, and VITO can whip me- did not
say tina, was Conire marse, pot ,od ltnes ~ hs
ed 70 fight Hines; saw Mccarthy have pistol, no ola
no, present u !, Hines or snyIody else y wac taken
from him by shay; when Mccarthy had tho pistol
Hines had him by the hair and vas kicking him;
had told Mccarthy week before the occurrence that
il was the town talk thsta book mais up for bin,
and he was u be licked we did 20 down E.oad ray
expecting 10 meet Hines The Recorder minated thai
should Marcus C. Stanley be oonnecied with this .rAns.
action he would issue warrant for his arrest think
samuel 4. Briggs present ut the igh: saw John y
Briggs OF lis oyorcoa. while tho asht was gorg on,
he said, Here, ri dght you, witness thinking was
him Who was addressed; did not see samuel r. Briggs
DO anything ~ Briggs said he wanted 70 light, and
do not van. 70 I'm. sh sv
the crowd away that enc could come near the com
os,ants witness attempted to separate them ne did not
kick Hines when lie down IN the gutter, officer Lease
requested witness 10 make an affidavit Of ,he affair before
the Recorder.
in conducting tho prosecution, asked Mr. laooy us aae
ooos-
this offensive and abusive language was being used, 20
leave Broadway and 60 into Howard street
Objected TO and objection sustained
A. Hines called Mccarthy damned - thief up
toths time Mccarthy lid not attempt assault any person
when wtners SAID everybody knows you received money
.a.Sss none Of your Cd id Business accsrihy AID
IN Howard street be knew Hines Was paid 70 tbuse him
out be DID not moan be should do Il; this was said loud
enough for Hines and the other party 70 hear IL
TO Mr. Phiipsi did not tell any person that day that
an of,cer, nor did attempt 70 arrest any person for
To The Recorder-l attempted to separate Hines aud
Mccarthy.
ided that no proven but 40 outrageous
and battery had been perretrsted He instructed
sci for The dcscrce to CAN wnesscs 70 disprove that fact
Mr.. smith called the complainant 70 prove the assault
John Mccarthy depesca that on The path Of March he
threw him IN the gutter and foil upon him; ns name
" ssid V Andrew Hines; the sssau't Sss
-rommNted in Howard street about SIX O'Clock
when witness was down John A. Briggs kicked MIN
while about ciinching Racey witness kicked seve.
r. tunes By some rsre e., prev , being knocked
one, but told the parties who abused him that he va
satisfied from ema'ks made by Marcus Cicero stanley
.ss, would nct Mcesr he would have him legged }
that they hired 10 assault him Hines said that vas
none &c Ills d-d business Riggs made some remarks,
end he fvcCar,hy) looking towards hm, "Eigze-"
struck him and fell urcn him.
The Recorder ordered thai portion Of the evidence
stnr 20 Marcus ssnsy be erased for the present,
he was not shown 70 have committed any offence.
Mr.. smith promised TO produce the man 70 whom San
ley offered the money, whereupon his Honor said he
would allow 10 be received when that persOn Vas
Mr.. Mccarthy said that Nc. shay with the party
before The assault committed, bot did not participate
in II; he (McCarthy) never had di1cuty with any Of
those parties before the evening OF the occurrence
Cross examined might have replied 10 Hines by call
Ing him Thief when he used mat epthct 10 me did not
offer TO fight Hines before was assaulted IN Howard
street, but as ] was very much excited might have
offered 70 DO 20 afterwards thought the party Intended
10 murder me; while in the at Of getting up On
eavored to cock my pistol but prevented from doing
90, est was taken from fne by Hacey shay; did bo'
ring out 10 Hines, who stage (ss was informed
by Racey) on the day q the occurrence Come out Of
there, you son q btch;" Hines might have been IN
Broadway all the day, but do not recollec seeing hun
until he called me thief.
Ex Judge Phillips moved for the discharge Of Cyrus