The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-05

on MS arrest as COUNSEL and ak the time OF the In
Coroner Flynn Illegally and unfairly prohibited the
n% iron appear OF aens ri Ul uep or
COUNSEL ano athou a Se said William Vim Howe
demanded OF the Coroner that deponent himself
should be permitted 70 put questions 70 and cross
nenf, yet the said Coroner, In violation OF law JUS
tce and decency, peremporiy refused to allow the
whatever to any OF the witnesses, nor would the
said Coroner permit Ann Hines to be examined
Ssha pe s,y alleges ' that the sp Witness
Mclean whose testimony was taken before
said coroner, is notorious bad character profes-
public peace. and fought prize fight recently In
or near Philadelphia; and that the said MCLEAN
and that the said MCLEAN Is o powerfully built
man. Deponent further alleges that Timothy Col
Inns another OF the witnesses was friend and pro-
tege Of Larkn, and was also . noted ringdghter
and recent importation from England; and has
issued challenge to fight In tins country "ior any
amount OF money;' and his challenge to disturb
the public peace and engage in brutal and demon
alizing, prize fight is paraded in newspapers and
Patrick McKenna, another OF the witnesses before
sad Coroner Flynn, Is man OF VIGOROUSLY bad
Seves has sn nse as = and verify
term In the State Prison, and is, therefore, dis
qualified rom serving as q witness. And deponent
AYERS that the above mentioned men were the fero-
c0us and desperate associates OF the deceased Felix
Larkin, who with the said Larkn, at the hour OF
three O'Clock in the morning, came to deponent's
place OF business, after It was closed, and
threatened to break open the place II deponent did
not give them admittance; and when they were adj
Mltted deponent was alone In room with band
Of five desperadoes, each OF whom was armed,
which fact was testified to before the Coroner; and
was In danger, and that Immediately Larkin and his
associates commenced o disturbance and deponent
rushed TO the sidewalk and called for the assistance
OF the police. And deponen says that it is matter
OF public notoriety that the deceased was in con
slant broils and fights and that on the very night Of
tue unfortunate catastrophe and shortly prior to
visiting Opponents place OF business the said
Larkn had had fight with and pulled out pistol
Houston street, In said city. And deponent fairly
believes and Is sorry to be constrained TO give utter
to the belief that the unfortunate deceased came
to deponents saloon on the night OF the deporable
homicide for the sole and express purpose OF having
o muss and disturbance and depOnent says that at
herein, and contrary to all precedent Coroner Flynn
in most extraordinary manner and in gross dire
LECTION or his duty charged the jury In these Words
| "Gent,emen-This is one Of the most horrible muir
ders which or any other young man ever heard OF,
ana you ty must p, n ma all 1hse % guilty Is
all three OF these prisoners, as from the evidence
they are all Guity;" and the said Coroner thereby
precluded the said jury from arriving at coming
TO their own unbiased conclusion upon the evidence
adduced, but, the contrary, coer/cd the Jury to
give the verdict which they rendered. And deponent
lastly says that he is entirely innocent of having
stabbed or cut the said Felix Larkn, and takes this
opportunity so most solemnly to protest before the
world and the Almighty Ruler thereof.
HUGH CAMPBELL.
Sworn to before me this 4th December, 1885, ED
]. KNIGHT. Commissioner Of Deeds.
Judge Sutherland said he could not give much
weight to this adavit, but wished to hear the pro-
ceedings before the Coroner and Mr.. Howe read the
testimony OF the various witnesses from the records
OF the inquest showing very many contradictions In
the statements OF the parties as to the incidents and
events which took place at the homicide. At the
close OF the reading Mr.. Howe said that the woman
Hines had been released $500 bail by Coroner Flynn
and was out three days but upon her appearance at
the inquest with Mr.. Howe Coroner Flynn, learning
that she was to be used as witness for the prisoners
immediately arrested her as principal all the re.
lat0rs being finally committed without bail.
Judge Sutherland said the case was certainly
clear case for ball. the case upon the records being
even more in the prisoners favor than the accounts
published In the newspapers and II the duplication
was for discharge on ball he could not refuse It.
After some discussion to the ability OF the pri-
soners to give security Campbell was bailed In the
sum Of $1,000 Berrigan In SIS. 900 and ANA Hines IN
$1,000 the Judge stating that the latter case did not
appear TO be more than one OF common assault and
battery at most; and that Berrgan and Hines being
both employees or Campbell 1t was bu. natura, that
they should have assisted him when he was N the
struggle. The Court also asked II any OF the parties
who entered the saloon had been arrested, and upon
being informed that they had not looked evidently
surprised, but made no comment
The Erie War-Anothcr Adjournment.
Belmont Us. Erie Rdi,cny Company ct dl.-Messrs
Ira Shafer. Field, yanderpoel, Rapalo, Pierrcpon.
| and other counsel were present yesterday IN this
| court at noon but the motion to set aside Judge
Cardozos order staying proceedings was not called
and counsel after consultation consented that 1t
should stand over till Monday next,