The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-14

Csntinuarion or tho OBSERVATION-DISCLOSURES
Of Omcer Fosersy, Of the Eighth Precincs-
Further Adjournment.
The examination In the case Of tho Broadwsv
theatre shooting outrage was resumed at eleven
O'Clock yesterday morning, before Judge Shandley,
at the Essex Market Police Court Only one witness
was examined, and at the close OF his testimony,
which concludes the evidence for the prosecution,
an adjournment took place till next Saturday, when
the defence viii open their case.
Onicer Fogerty, OF the Eighth precinct the wit.
ness examined, being duly sworn, deposed as fol-
lows-On the night Of the disturbance ut the Broad.
way theatre l was on duty in Mercer street;
helped to arrest the deputy sherins charged
with the disturbance and the shooting; Hickey
had on light hat and dark pants; Moore had
on light grayish suit and straw hat; Leary wore
a dark, blush coat and pants Of o dark color; hs
hat was. believe, light colored; Ward had on .
light suit with high, light colored hat Quinn was
dressed In black clothes and light hat; do not re-
member ever having seen the five deputy sheriff.
before the evening OF the affair at the Broadway
theatre accompanied them before Judge Shandley
the next morning, at the Second District Police
Court; arrested Hickey; oiicer Martlnett. OF the
Fourteenth precinct, and officer Henderson, OF TIE
Eighth arrested the others at my orders; after inc
enter the building; heard call Tor assistance.
ana on running up to the rear entrance OF
been shot; come here and pi show you VINO shot
me;n we PASSED inside the theatre and he pointed
was in the property room; there nine IA
the room, including the i've deputy sneriais ana
o. How did he point out Hickey to your A. He
pointed him out rs the one who shot him. and said
all this gang here-lndlcating the other deputy
sherns--Wcre engaged with Inn; Hickey must nave
heard what Wilson said, as he was only Two OF three
q. Did you say anything to Hickeya A. told him
he was my prisoner; told the ctler men wanted
they should keep Sill.
an officer and have business here," he then opened
his breast anu showed mis- shield; he showed no pro-
Of arrest and had paper III his hand notinng
was SAID about Mr.. Harkins; Wilson showed lne t"0
wounds he had received one in the ie. AID Que Ii
the forehead; Mr.. Moore, the stage manager, said
there was a drunken man there and he wished
would take him out; told him had All coail at
tend to there, 80 the mater droppea All; moore
talking in loud and boistevoaj strain 40 not
remember Mr. Moore saying that this man was Inc
cause OF all the trouDie; I'D not understand Iias
this man had anything 10 do with The distufDanee
O. Where are the pistols found on Hickey, Moore
Prupcrty ClerA; / asker Hickey II he hal pistol,
and he said yes, and gave II TO me; this was aitcr
We left the theatres was In charge OF SerseanE sSo,
Two chambers empty in it; took pistol irom ward
at the station house; there were TWO chambers
empty III his pistol and two or three IN a.cHey's
and none In Quinn's; Mr.. Wilson did hob tell me
where he was when he was shot or what he was
doing; he followed US to tho Station house; ne mere
mad shot hun.
o. What did Hickey say for himself at the station
house2 A. He did not say anything.
Q. When did you first learn thai ne was deputy
shelifY A. He showed some papers to the seFgeane
recording his Official character; he might have told
the sergeant something about h1a having been re-
sisted aG the theatre, but did not hear han.
q. Did you not know that you had no right to ar
rest Hickey after you knew he was an onlcerf A.
No, Sir.
O. Did you believe him to be- q rioter after You
knew he was an officer? A. supposed he was.
@. Do you know OF any law by which YOU can
arrest officer shooting man IN the course OF his
official dutyS A, No; but 1T Is our duty to so at Une
call OF watch or murder.
O. Ii there had been four Metropolitan policemen
there instead Of four deputy sheris would you nave
arrested tnems A. certainly should; don's
right to shoot in The discharge OF his Official
duty; assumed this right thinking was right.
@. But you prove that o deputy sheriff has the
same right to repel violence as you haves A. !
do not
q. Must deputy sherlfr, II Knocked down by
man in his attempting to arrest submit and make
no resistance2 A. Know what / should do;
would II necessary use my pistol; for instance, "
man should draw revolver on me; II my own
strength club did not answer to protect me from
violence and danger OF lie should use my revolver;
II an attempt was made to take prisoner from me;
l should warn those attempting 1t That i should
shoot them; would not do IL except to keep In my
custody an important prisoners 1t is my duty 10 hold
y prisuutr but not to shoot men down; would nos
allow myseif 70 be ipterfersd With In any duty
triaing or great, II thought fe71sSer Woua pro-
vent Ii.