The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-15
SUPPOSED BURGLAR FATALLY SHOT.
Investigation Before Coroner Collin
The Shouting Accidental. &c.

Il
ties who stand charged with the commission OF series
OF burgares and grand arcenes in that county After
making many inquiries the officers learned tina. Churchill
lived on the corner OF street and Fifth ave
nue. In order TO make Of Churchills arrest the
country oncais called To their aid officer Fleming of the
Fourth District Police Court twelve O'Clock the
night the officers proceeded 70 Churchs residence
and after entering, became involved alteration
with him In his efforts to make the oicer Elem
ing met with resistance on the part OF Churchill There
upon he drew his revolver intmidate him. and during
the scule the pistol was discharged the ball taking effect
in Churchill's head The wounded man conveyed TO
the Nineteenth precinct station house he soon
afterwards expired Coroner Collin subsequently held
inquest the remains Of Churchill and the following
interesting testimony was elected -
Clara Churchill, being duly sworn, deposes and says-I
reside at tho Of Fifty seventh street and Fifth
avenue; wife Of the deceased about twelve o'clock
last night three detectives to tho house for the
purpose Of arrestng him. no had been in bed about half
hour when raps came 70 the door and said no
had horse he wanted 70 sell him. he got up and went
to the window, and he said they might here
he not going tho street. short time after
they and raped at the door he got up and
went TO the door and two pushed the door in he
trying to keep them out; Of Thorn hit him ON
the head with a club and knocked him down; then
heard the report of pistol he got up and shot and
he fell had been TO bed and got up; he had chance
TO interfere with the officer doing nothing Mt the
time; be was not struggling with tho officer at the
time he shot; l did not hear the officer say
no came there TO arrest him; l got out OF bed
when the struggle commenced; was in the bedroom
and could the the whole Of the transaction
there light in the room; could the police
strike my husband he did not speak after he
shot; no was alive, but did not speak, heard Of his
sIecp he aecond floor md nv he'd
close the door, the shutters were closed and did
not 500 any moro light
Robert b. Montgomery, being duly sworn deposcs and
saysI reside the of Fifty street and
Third avenue; am employed by Colonel Baker de-
tectve and lately District Attorney OF westchester
county for the purpose Of erretng out robberes that
l have been committed there; started for New York
yesterday morning from Westchester county, with
rant for Mr. Churchill the deceased and several others
officer Hyde, from Westchester county, with me;
went to Harlem bridge to officer Bates who had ar
rested deceased BEFORE to find out where he and il
he know the other parties named IN the warrant
he told he thought he back Of Astoria place
called "English Viage' through stage driver the
Bloomnedale road, opposite Mr.. Burnhams, l ascer-
tanned that Churchill went with English he told that
Churchill lived at the corner OF Fifty seventh street and
Fifth avenue northwest corner went there last night
introduced him to officer HYDE Of westchester county
u.s. went TO the lager saloon opposite Churchis
place. told officer Fleming to remain on the southeast
corner sn avenue ana W., see 'hea
/ officer Hyde to play drunk; and Hyde wont into the
house, and sat him down ON chair then asked the
proprietor II he had seen Bob, meaning CHURCHILL he
said eHos been here all the evening playing cards with
man. he's just gone home; went over to the house and
Knocked at the door Churchill wanted know who was
there said, "Bob, have got horseman across the
street." no ssd, ON be over in few mnutes; be said
II I'm aautv said Conn of Ouu Var
" no closed the door and said he would be In
minute then wont back 70 the saloon then called off,
Fleming from his post told officer Hyde to look close
the house. and remained ten minutes the officers 70.
NAMED both officers said, He'll slip us when the ten
wanted 70 arrest; then went over TO his house In
pahy with officer Fleming; Knocked at the door; OF
gong s a ome saw N tue
windows were open; he asked, "Who was theref said
.'Me; and why didn't you come over he said .Benny
Lyons, il that your said eyes," no opened the door
said, s'Ofncer there's your man" then said, fBob
he's an officer with warrant he said, "You havni
him BY Inc arm Churchill sos officer Fleming BY the
throat; = woman then appeared and got me BY thu
throat said Fleming look out for yourself" Elem
that Churchill had the best Of Fleming at the tim.
Fleming struck him and knocked him on his knees
when she got between me and Churchill; he twisted
Fleming, "You son OF b-R, IN give 1t to you he
bad Fleming down on his knees; Fleming said, .Im an
9mceI I've CO., you under arrest am nm, armed ne then
| tempted to wrench il from his hand, and said, snow
yon son of Abb, I've go, YOU" jumped one side
with this woman Fleming pulled backwards that he
fell back to the wall and the pistol was discharged
jumped the bannsters and said 10 officer Fleming
aAre you shot9" the scufHe occurred the hall way
near the door; Fleming snid he not; looked al
Churchill on the floor he had fallen just where he stood
shot I'll call officer HYDE" officer Hyde came, and
said TO him. "Johnny, look at him and he shot -
he said he could pot tell then said Let's take him
hint the alta i0ub hons do
him; went and got a man; his wife produced q
| horse blanket we brought him To the station
house, and we did not notice the wound till
got there; he did speak Afterwards. went for Dr.
Wright and the doorman went for DR. Purdy; brought
/ DR. Wright with me and he examined the man; he
dead when the doctor got there the whole transaction at
the house was the work Of moment; the warrant
for the commission OF burglary and grand larceny in
Weschester county; the pistol went of In the scufe
! Leonard Fleming being sworn, says-I reside at No
500 Third avenue; am member OF the Fourth district
police court squad MIR Montgomery TO my house
last night, between eleven and twelve o'clock with n
warrant for the OF Robert Churchill from Justice
Of the peace Westminster county he showed me the
warrant and introduced officer Hyde; he said lie
wanted me TO with him and help arrest desperate
character We went over 70 the corner OF Fifty seventh
street and Fifth avenue, when officer Hyde and Mont
gomery went into the lager beer saloon opposite the
Of deceased; he told me TO stand the Of
sight they went Ia the saloon 10 learn the whereabouts
| OF Churchill Montgomery back and told me
Churchill to his house; he said he had been
the street. Churchill did not make his appearance;
then thought he would give this slip, and started
go across to the house. we stopped the nndng Of the
first fight Of stairs and Montgomery raped with his
knuckles at the door; stood back against the window
there was some conversation passed between them;
Churchill opened the door that could his
Montgomery asked Churchill why he did over,
but did not understand the reply; Montgomery said 70
me, ''This Is your man, officer; him. Mont
gomcry pushed the door open further caught him by
the shoulder at the same time Churchill caught me by
the whske and collar Of the coat he tried to get hold
OF my throat he got Of his fingers inside my coar
drew my "blly' and struck Churchill blow on the
head; he fell his knees and imneda lately sprang up
again I endeavored TO strike him another blow;
as ! attempted 10 strike him he attempted to buck
me with his head nj the same time he had hold
OF my collar; as 1 struck nj him somebody graspcd
my club and twisted out Of my hand; heard female
voice say ''what arc you going 10 do with my hus-
bandf, said, I'm going TO arrest him." my hand
my arm around his neck to draw him from the door
Montgomery said "Flcmidg, look for yourself
then my revolver Churchill stll had hold Of me
and hold Of him; as Was pulling him out we both