The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-02
TIE Rsy!NGTOy STREET ATFRAY.


An inquest was held before Coroner Flynn, at the
Tenth precinct station, yesterday morning, on the
body Of Peter Tracey, the keeper OF the liquor and
billiard saloon 100 BoweIy, who was shot dead on
Tuesday evening in the restaurant No. Rivington
street.
DR.. Thomas Knot testified TO having made post
mortem examination Of the body, stating that
pistol shot wound was found ABOUT an inch to the
right Of the medan line and an inch and half from
the top OF the breast bone; the ball entered the right
aurice of the heart and passed out at the left lOdg
ing In the backbone.
Louis Parisette sworn-I live at Nos Rivington
street, was there at hahpast five P. M. on the Both
as cashier for Mrs. oeser; the prisoner,
Emil VIZ came up ne e 40 oa6 e de
ceased Peter Tracey, who was sitting at table.
used very abusive language towards Swinzmann;
Swnzmann replied, 81 have not got anything to do
with you; don't know you, and went out; prisoner
then went out and came back again. he went few
and came up to the bar; deceased from his chair
and went right up to him and tried to get hold OF
he Vent ntn the emtrv and towards the back
door; deceased was In front of him; Swinzmann
drew pistol then and said, keep away, or will
shoot you;n he repeated the warning twice, am
sure and I think three times; deceased did not de-
sist, but caught hold OF Swinzmann and threw him
on the stairs; deceased was the top Of prisoner;
Swinzmann then fred twice; they both got up, and
deceased stepped about three steps from the stars
II to tell something, but did not have time before
the deceased assaulted him again.
Martin Schwegert swOrn-l live at No. 284 East
Tenth street; was at the saloon No. RivingtOn
street at halfpast five O'Clock Tuesday afternoon
Tracey came In before Swinzmann stepped up to the
bar to pay for his meal; am waiter at the saloon
and did not want to serve the deceased as he was
very drunk; got his meal and set it before him, but
he did not eat it; in the meantime he began to
"muss'' with Swinzmann, using the vilest terms of
abuse; Swinzmann told deceased to go away, saying
he would not have anything to do with him: Swinz-
mann then went out but came in again. in about
two minutes, and asked Louis Parisette to tell Mr.
Water II he came that he (Swinzmann) would not be
there that night and Mr.. Water was not to wait;
l then went into the back room of the saloon
and saw Tracey following Swinzmann out Of the door
into the entry; Swinzmann seemed to be afraid Of
deceased; came into the front room again and fol-
lowed Tracey and Swinzmann into the entry; saw
Tracey lying on the top Of Swnzmann and grasping
him by the throat on the stairs, and at that moment
heard the shots fired: there were two reports in
quick succession; deceased got up, saying Swnz-
mann had shot him, and went toward the door OF
the front and fell, after which the policeman
came in and arrested the prisoner; Swinzmann made
no effort to get away.
The jury then retired, and after short debera-
ton returned with verdict to the effect that Peter
Tracey by his death from the effects Of pistol
shot fired by Emil Swinzmann In sefdefence The
prisoner was committed to the TOmbs on Charge
Of carrying concealed weapons