The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-09
THE BRooME STREET MURDER.

THE BRO0ME STREET MURDER.
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InauJsition Before Coroner Govcr-D~yer
Committed for Trial, &c.
Yesterday afternoon Coroner Cover held inquest at
the Fourteenth ward station house on the body Of
Patrick McCudden, late officer attached to the Court
of General Sessions who died in the New York Hospital
from the effects Of pistol shot wound in the abdomen
received on Wednesday last al the hands Of Patrick
Dryer, barkeeper for Michael B. Lynch, corner OF
and Marion Streets previously reported in the
Herald During the investigation the court room
densely crowded by the friends Of both the prisoner and
deceased suhoined may be found the testimony taken
before the jury
John Troy. Of No 4s Crosby street. being duly sworn,
deposed and said II was in Lynchs barroom corner OF
Marion and Broome Streets tho afternoon Of the 9th
instant, at about O'clock when McCudden and two
inds carrc n; Mr.. Doogan and Mr. Bevins were with
ass, . deceased spoke to me; Mr.. Tuomey was
..s.c ..sii me; deceased said to me- How do you do
4ex2r and then went to the bar and asked for drink
Patrick Dryer was behind the bar at tho ne the latter
refused furnish the drinks saying he did not want to
wait on him tdcccascd); McCudden and his friends
insisted having drinks several times; Dryer said,
whats the use Of your coming into this house, you
know you're not wanted here; don't wish 70 wait on
you;' soon after deceased walked over to whore was
sitting on the edge Of the table, and said to me- You
nghting OF bitch" and at the came time struck me
the left eye and Knocked me back on the table, he
hit again on the right cheek before could get OF
the table, said TO him, ''What you doing? what did
ever do to your as he about striking again
Dwyer came up alongside Of mo and said to deceased
"what did you here for 70 make fuss get out Of
here get ont Of here,n and OF the same time pulled
the trigger Of pistol which he held in his hand
tho cap exploded but the' pistol not dis
charged; Deceased turned about towards Dwycr whom
tho latter fired the pistol at him; this time the
pistol was discharged; deceased ran out towards
tho street. but returned towards tho back room Doogan
and Bevins went out OF the store after the first shot
Dwyer followed him towards the back room door and
fred another shot at him; deceased then going into
the back room deceased came out Of the back room,
running towards the front door with Tuomey, when
Dryer fired again he tdeceased) passing through
tho store; doceased out to the sidewalk did not
McCudden strike Dwyer threaten TO any per-
sonal violence towards him.
David Tuomey, OF 203 Elm street, sworn Il was in
Lynchs place when the deceased was shot; went In
there to get drink at about twelve o'clock; at about
two o'clock in the afternoon McCudden asked Dryer,
who was behind the bar, for drink Dryer said "You
can't have drink in this house-I could not serve
you;" McCuddcn pulled OFT money and laid it on
the counter and said "You keep public house. and /
insist having drink here" Doogan then asked for
drink, and Dryer also refused to give him
drink; McCudden then went over to where Troy
sitting table and said "you're fighting Of
a bitch and struck him twice; McCudden was in the
act Of striking him again when Dwycr came from be-
hind the bar with the pistol; he said TO McCudden,
.You came in here TO mako muss; now get out OF
hcre;' McCudden then turned towards Dwyer who dis
charged the pistol at him; McCudden approached
Dryer he discharged the pistol second timo McCudden
ran into the back and Dryer followed him. Dryer
into the back room and fired at McCudden again;
did not deceased strike Dryer attempt 10 any
violence towards him. he did not threaten him with any
violence
George Bevins Of I46 Mulberry street. deposed:-I
went into Lynchs barroom with McCCdden on the day
he shot; McCudden came along and asked me 10
take drink; deceased, Doogan and myself went into
the barroom; Doogan asked Tuomey and me 70 take
drink; Dryer said, "You can't have drink in this
drink and McCudden who had dollar bin on the coun
ter said he would pay for IT, McCuddn walked to
Trey, who was sitting on table, aud struck at him;
Mctudden then walked towards the bar, and Dwyer
from behind the bar with pistol in his hand; he
fred at McCudden, who was facing him; deceased
passed towards the back room heard another shot dis
rha hen ONT Of he
walking through the store towards the street when
Dwyer fired at him again. opened the side door, facing
Marion street. and went out l walked down 20
Broome street and called for Doogan, who half way
across tho street; McCudden going up the side
II he was shot; he replied Yes. in the belly and fell
while Ispokc 70 him; policeman came up, and Docgan
told him that Patsey Dwyer Lynchs bsrsccper had shot
tbe deceased and he went down and arrested Dwyer de-
ceased did not threaten Offer any violence 10 Dryer
David Doogan Of No. II Marion srrcct sworn-I went
into Lynch place the invitation Of deceased turned
10 Mr. ruomey and said, Dave, will you have drnkS'
Dryer refysed TO wait on thcm deceased strike NJ
Troy. but ] did not see him strike him; Troy remon
strated with deceased for striking him. Dryer fred the
frat shot at MoCudden who then tried 70 get into the
back room, and Dryer fred again at McCuddcns head
den came out Of the back get out Of the front
door Dryer fred at his stomach this shot took cect
went sTs into the middle s sS sS 70
was holding to the railing OF the church, next TO
Lynch's place, and caught HIM as he fell McCudden
TO Ore che pistol be did not attempt TO use any
violence towards Dryer nor did he threaien him.
Michael Brady an officer Of the Fourteenth precinct
aworn About two o'clock on "Wednesday afternoon
crowd standing at the corner Of Broomc and Elm
streets down, and saw Bevins and Dcogan carry
ipg McCuddsn; I asked who did u, and Doogan said
"Pasey Dwycr Lynchs barkceper;' Dryer was pointed
out 10 me; walked up TO him aud said, II want you 10
up the station house ~ he said che would not
without warrant; told him that did not need
warrant In this case, and that he must come with me;'
Dryer said 'that he had TO he might a. well 20 at
once" another officer in and we took him out OF
the Marion street door he fear Of the crowd
outside found the pistol thrown into drawer behind
the bar; Dryer appeared TO he perfectly sober
Deputy Coroner John Beach, NJ D., who made post
norton examination the body, testified TO finding
pistol shot wound in the abdomen the ball entered tho
umbcus little to tho right Of the mcdian ne passed
through The lett border OF the liver and through the
stomach and penetrated tho pevls Of the left Kidney
Death resulted from internal hemorrhage from this
wound.
The was then submitted TO the Jury who found
That Patrick boCudden cane TO hs death by a pistol
shot wound IN tls abdomen and that the said pistol shot
frcd by Patrick Dryer on Wednesday, The 9th day
Of December, 1866.
On tho rendition OF The verdict Dwyor was arraigned
FOR examination lie kovty years Of age was born
in Ireland lived at No. ~ Prince street. and 10 a bar
keeper by occupation
OWENS STATEMENT.
10 reference 10 the charge preserved asainst him Dwycr
made the following satement Before this occurrences
vas waylad in the nighttime b., Doogan hcCnddcn and
Lwo others aud most terribly and cruelty beaten my
thumb nearly bitten ORGY McCndden, and my HE, in
these parties threat nsd my h aad shoss
threats were communicated 70 me- 1osh Doc aa and
hcfu had been forbidden 10 enter M Lynrhs stCvs
by both Mr. Lynch and myself whep or "wednesday
ast they came INTO the store believed the Instant