The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-26
TIE BROADWAY THEATRE OUTRAGE.

wounded.
Yesterday morning George Hickey and James
Moore, deputy sheriffs; James Ward special; Dennis
Leary, court officer, and Thomas Quinn, clerk, the
parties engaged in the shooting ARRAY at the
| broadway theatre on Monday night, in which two
persons, Stephen Wilson and Leslie Chamberlain,
were shot, were brought before Justice Shandley at
the Jefferson Market Police Court by officers Fogerty
| and Henderson, OF the Eighth precinct, and COM
mtted to await the result Of the injuries inflicted
| upon Chamberlain, who is now confined In the New
| York Hospital. Quite number OF the employees Of
the theatre were present. ready to give testimony as
| to the origin of the difficulty.
AFFIDAvIT5 IN THE CASE.
| The following afildavits were taken:-
| William Costlgan, of the Broadway theatre, being
duly sworn, depOses and Says-That on the oath Of
August 1865 AZ the city OF New York. In The county
OF New York, he was violently assaulted and beaten
ponent In the body with their fists, inJuring deponent
severely.
duly sworn, saysThat the oath OF August, 1868,
he was violently and teoniously assaulted by James
Moore. George Hickey and Dennis Leary, who each
drew revolver pistols loaded with powder and ball,
and pointed them at deponent with intent to do de-
ponent bodily harm.
Alex. De Forrest, being duly sworn, deposes and
saysThat on the oath OF August at the CITY OF New
York, &C., he saw James Moore NOW here on the
Broadway theatre stage, Mt about half-past nine
O'Clock last evening, and there him have pistol
In his hand pointed at stephen Wilson, Waterman
OF the theatre; said Moore fired his pistol, the ball
from which struck Wilson: deponent afterwards saw
Wilson bleeding from the head; i was told Wilson
was taken to the hospital.
John Moore OF the Broadway theatre, being duly
sworn, deposes and says-That on the oath OF Aug
ust. at the city Of New York, &c, George Hickey and
James Moore NOW here were on the stage at the
theatre at about half nine O'Clock, and there they
both discharged revolver pistols loaded with powder
and ball into crowd OF persons who were also on
the stage there were several other shots fired; after
the Gring stephen Wilson and Leslie Chamberlain
were found to be shot; Wilson was shot In the head
and Chamberlain was shot in the breast.
The cour; then adjourned the further hearing OF
the case until two O'Clock p. NJ.
AFTERNOON PROCEEDINGS.
The impression that the prisoners would be brought
up at two O'Clock yesterday afternoon for further
examination caused the court to be pretty well filed
at that hour. There was no just ground, however,
for this superstition as Judge Shandley had remand
ed the prisoners until such time as the result OF the
injuries sustained 10y the wounded persons should be
Mr.. Traphagen. however. appeared for Mr. Barney
Williams, and handed In the following medical GER
tilicate which explains ITSELF
., NW YY.E No 80
very serious and may prove fatal Stephen Wilson
WAN. WAINWRIGHT, N. D., Homo Surgeon.
On,cer Fogarty, Of the Eighth precinct police sta
ton, made the following Affidavit
OFFICER HoGARTY's ArrIDAvIT.
Charles Fogarty Eighth precinct police, being Only
sworn, deposes and says-That on the oath August,
1885, at the city Of New York, 90. he was called into
the Broadway theatre about halfpast nine O'Clock
In the evening by stephen wilson, who informed de-
ponent that he had been shot In the theatre de.
partment; went into the theatre and there found
George Hickey James Moore, Dennis Leary, James
Ward and Thomas Quinn, now present; Will
son pointed out Hickey as the person who
persons aud searched them; he found on Hickey
revolver pistol having two chambers empty; on
Ward he found o revolver pistol, three chambers
empty ut the Eighth precinct station house Quinn
was searched ami revolver pistol found on his
person; the said persons were pointed out to de-
fendant as having made q forcibe entry into the
rear OF the theatre, and with having elonously as
saulted several Of the attaches OF the theatre.
Mr.. Yard subsequently appeared and said:--Your
Honor, | appear before you behalf OF the five
sherif's officers Of the city OF New York who have
been arrested "a appears by the afldavts here, on
warrants issued by a competent Justice, on the
ground of assault In two cases and OF felonious as
sau IN three cases. Il appears to me that there are
no facts whatever under which they can be held,
and !, therefore, move their discharge.
Judge Shandey-lead those aflldavits, Mr.. Yard
Wanilng those made by De Forrest, Jacobs and
Mr.. lard-There is nothing In them, your Honor,
warrantng the detention of quinn and Ward, except
tha they were on the stage Of the theatre All those
ohcers were there by virtue OF the authority vested
IN them as deputies Of the sheriff OF the city and
county OF New York aud by direction OF the Supreme
Court OF the United states Thev there to serve
writ directed by his Honor Judge Barnard. and
have been informed that the party they were In
search or knew there was warrant for his COM
| initial and avoided II by leaving the stage. I hold
there Is nothing against them to indicate criminal
intent ani there IL nothing really against them ex-
| cept that they were found there / have a letter
| from the Sherin Of New York, which states facts
tnht 40 not tnlnk your Honor can well overlook
Counsel then read the following letter from Sheriff
O'Bren:--
| snERrrv's OrrIcE, }
| City AND COUNTY or NEW YoRK,(
| -, o.. :, , August rs, 1868 )
NY DrAR sinMuch as regret the occurrence Of last
evening ~ the Broadway theatre feel bound in justice TO
my ocers 70 say consider they nost out
rageous msnner asst evening by both attaches OF tno
anu we police Ny simply In the discharge
OF nc nuy ordered by to execute directed TO
me ny Judge OF the supreme Court Of the State Of New
YORK CONSIDER myself the responsible the
misses and am prepared TO stand the blane any OF the
wnoe ushssouOh You are doubt OF the circum
place In this letter.
The process acted upon last night was placed my hand
yeteiuy, win instructions that the TO be arrested
was an irresponsible man and there danger OF bis going
conpehed 70 act upon at consequently instructed
my deputy tHckey) accordingly. Hickey 10
res me parry during The afternoon but failed find him, and
tnen ns na nc but to repair 10 the theatre Anuc
The TACT OF their entrance well known. Instead OF re-
cevng courtesy they deserved position warranted
they were "aed IN most brutal manner by mob com
posen Oh he attaches OF the theatre and compelled 70
ee'sna "e" "ss, ~hich VIII be proven on examination
| JAMES 0BRIEN, Sbsrin.
] Now, n your Honor wishes to 20 into the facts,
VIII show you what the duties oil the sheriff OF tins
city ana county are under and beyond the instruc
lions he receives from the courts. Counsel here
stated his ideas OF sherns duties at some lengthy
He then proceeded:-We are prepared to offer
800 600 or $500 900 bail to 10 Into an immediate
| examination. We went there armed with the high
est authority the law knows and we were opposed.
Sherls' officers have always been regarded with the
utmost respect AMI yet IN this case they
have been opposed IN the discharge Of their