The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-07
THE DEvEL1N HOMICIDE.

Verdict of the CorOner's Jury-Doath the
sult Of LOckjaw.
The inquest ON the body Of Patrick Develin, who
said to have died from injuries inflicted by club
hands of one Michael Herman, who keeps liquor ST
in Eleventh avenue. was proceeded with yesterday M
ing at Bellevue Hospital before Coroner Widey.
Benjamin D. Cans, being sworn, dsposed that W.
keeps drug store at AS Tenth avenue; the dsoe; %
came into his premises on the night Of the oeeure
and had two stitches put in severe cut he had
forehead; he did not tell who had struck him,
he had come by the blows
D. Mclean Forman, N. D., House Surgeon OF Belize
Hospital on being sworn, deposed that Patrick Devs
was admitted TO Bellevue Hospital on the seshJr
1857 he suffering from tetanus resulting from &C.
wounds which he had received about week previous
his admission; and that In consequence The deceas
died on the 1st of August
James Devslin being sworn, said-Deceased is x,
nephew, and the first heard Of his being injured
on Tuesday week; then went TO Kernan's store, WI
told he had dubbed deceased and that he was sorry
he had no. given him more;' after that saw the d
the eighth day after he injured he was seized with
lockjaw and brought to this hospital, where under-
Patrick Donohue, residing at No 4s7 Eleventh avenue
being sworn, deposed-l have been acquainted With
both Herman and deceased; saw the former just fort
night ago up to last evening, at about six O'Clock; j
into Kiernans store and there the deceased,
Peter Herman Thomas LAWYER and tive or three others
Develu asked all present to drink, the accused
their drinks when the deceased started TO go ont and
SAID, "Mark that down to me-" the accused Herman,
thercupon replied, You've run that game too often
me, and il you do 1t again will put you OUT deceased
then turned around and, striking the bar with his
few words passed between them and then the
cused OF the bar and took hold Of Develins
shoulder pulling him TO make him 60 out the deceased
strike him twice with what looked 10 be club, on
the back part Of the head he stood right beside the
parties, and could see all thai passed. the blows were
very heavy Ones the deceased then turned 70 leave
the store, and went up the steps; witness does
not think be was actually drunk, although hQ
had little drink ON board the deceased rippsd az
he went up the steps, and staggered across the street.
.hs across Ss S % a. saH
six ears positive that the deceased only struck
on the back Of the head.
street. dspossd that on the night Of the 22d of July
was standing about twenty feet from Kieruans store
heard the sound of heavy blows being struck and
then saw the deceased walk up the street, he ap-
ne staggered into the road and fell heavily on hs face
right across the railroad track.
street and Eleventh avenue standing on the night
OF this occurrence. right opposite Kiernans store;
the deceased come and sagger the and
then fall heavily in the middle Of the road; he had
known deceased for fourteen years more after he
feldeceased sat up and spoke TO women who were
standing the pavement and then walked on IN tbo
street.
James Wilson, who did not take OATH but made an
affirmation. as ne did not believe In the Bible deposed
that he the deceased Of the LIQUOR more
and fall and he appeared cut badly in the fore
head called out TO him to look after himself bat he
took no notice of him.
Michael Meehan, living at house situated between
Thirty-sxth and Thirty seventh streets, Eleventh
avenue-Saw deceased come up out Of Kiernans cellar
and iaii IN the street. after attempting TO
the other side; he did not seem drunk, but witness
could not exactly swear TO the fact
James Coouen deposed-Resdee At 662 Eighth ave-
nue. was In kiernan's store the night OF the row t
was just two weeks ago yesterday; could tell the
time exactly, but 1t must have been after o'clock
did not know deceased his face he came out Of
the store, and there blood IT, the deceased
came out quite lively walked the steps, ripped
on the curbstoue and staggering about the dde of
the street fell across the railroad certain that
he Tell on his iace he heard the of blows before
deceased came out OF Kernan store and also saw the
accused push him and beat him on the back Of the
head.
Martin McGowau-Resides at 2l2 West Twenty
street, coroborated the former testimony the de-
ceased falling IN the street the track
Robert McLenahans and John williams evidence be-
ing taken, threw no further light on the subject
Wooster Beach, NJ d., Of Bellevue Hospital, depoeed
that he had made post mortem nation Of the de-
ceased Patrick Devclin there deep inceed wound
on tho forehead, and at the bottom OF this cut was
small piece OF wood the death resulted from this
wound, but lockjaw or tctanus the direct cause
The jury having retired, after few minutes delbsra
ton brought 10 verdict that deceased, PATRICK Deve
ln came to his death BY etsnus, the result Of wound
from accidental fall In Eleventh avenue near Thirty
seventh street. on the I'D day Of July, 1867"