The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-11
TIE BROADWAY THEATRE OUTRAGE CASE.


THE BROADWAY THEATRE OUTRAGE CASE.
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More Evidence of the Observation-Disclosures
Postponement.
The further hearing OF evidence in the broadway
theatre outrage case took place yesterday before
Justice Shandey at Essex Market Police Court. The
only witness examined was James Ward OF 405 Third
avenue who on being sworn deposed as follows:--
AT the time OF this occurrence was special deputy
sheriff; three weeks ago left the once and went as
conductor ON the Broadway and Seventh avenue
railroad was appointed as special deputy sheriff
by the Sheriff of the county, James OBrlen, on the
Sd day OF March, 1868; had badge badge exhlb-
ited); 1t has the words especial deputy sheriff, New
York; on 1t, and the name "James Wardn aso it 10
q metallic badge, plated border and gilt I'LL
ing; / got the badge about the LIST OF
April last; the Sheriff requires us to wear the badge
while on duty in some visible position; on the even
ing Of the occurrence 1t was the left side of my
vest collar; was one of the five persons who went
to the Broadway theatre on the night OF the oath OF
Hawkins Immediately after we entered the theatre
IN the hands Of Mr. Hickey; he was then showing 1t
to the doorkeeper exhibit produced and dentl.
evening near Thiry-rhlrd street and Third avenue;
he told me me he he had an order Of, Of ar
alone and would like to have me with him; said
would go; told him 1t was bad place to 60 ana
that he would want more men; he said he didn't
think it was necessary; said 1t was bad place to
get in behind the scenes that would rather have
some more or the men to 60 with US, as they might
open trap door and let down, that man
standing behind one of the scenes might strike us
through the scene and We would be unable to tell
where the blow came from; we started to go down
to the theatre alone, and the way we met MessrS.
Quinn, Leary and Moore; we all took carriage
corner Of Broome and Mercer and got out; went to
the rear entrance Of the theatre and found the door
was not wide enough to walk right through, SO he
had 10 get edgewise; was the second; don't know
IN what order the others foowed they came in after
me; the doolkeeper tried to stop US, but we showed
in past him. after that he ran ahead OF Mr.. Hickey
and said, "What do you wants get out OF herc;' Mr..
Hickey showed him his badge and said, II am
deputy sherlfr;" Hickey had his badge; 1t was
under his vest collar and partly vsiDle the other
three-hoore Leary and Quinn-had their badges
on also; the old man, when he saw the badge, said,
81 don't care d-n; you must get out OF here' az
from h,s pocKet and showed Il to MIN: Hickey then
showed hun aside against partition ana Went past;
the rest us also passed; We went in upon the north
side OF the stage towards the curtain; we saw no
body there; then walked partly across the stage,
in among the scenes; some went through one
down under the stage; here felt good deal fright
ened because IL was strange place TO me; we went
they exchanged a few words; l did not see Mr..
Jack take musket or rack; as we were going
towards the rear and when about the middles OF
the stage the crowd rushed on US; l think
1t was Mr. Wilson took the lead they had sticks sim
liar TO bedslats, and one had bayonet; Mr. Hickey
sung out II am deputy sheriff and have got to 10
my duty ;then q voice exclaimed, "Drlve the sous
ofb- out;;' they made second charge on us; saw
Mr.. Hickey get struck twice with stuck; then took
out my pistol and said, .n you don't go back III
shoot your said this to the crowd before me;
nred two shots S, over their heads ana then they
door; the last one; there was second tusse;
| all hands were in together wrangng; shortly after
deputies MI hickey was the rst one taken out By
the police we were all standing close to the back
sleeves, and said, sTake him too.he is drunk, and
is the cause OF the whole Disturbance" was then
this body or men looked to be about eighteen or
twenty; they came from between the scenes and
s oa on s ag cos we sn
these men who came out came from between the
scenes on the south side Of the stages towards the
rear or the stage two scenes were showed together
stood about six feet In front tue space OF six
feet BY ten wide across the stage was Tiled with
this crowd; Mr.. Hawking name was not mentioned
IS remember at the time we were fighting across
the stage; Il was mentioned at the door q. we came
when Mr.. Hickey addressed them and told them who
he was thsy halted ss though they were going TO
made no charge after fred my pistol over their
the back door; Wilson appeared to be their
leader when tho police were going out the
.s Wish sa Put and ' you aan a n an
paces;' the deputy sher1s were not guilty OF any
dls0rderly conduct there that night 30 far as could
see; they did not use any violence anybody until
they started At u.s. SO far a. could see they acted
defensvey; tho whole occurrence lasted i've or ten
minutes; did not see any other Of our party nre .
pistol; l heard other shots; l think l heard
three shots besides those l hred; / heard
them after / fired; think they were fired At
the back door; there another shot fired while
were contending on the stage the pistol as in my
pocket when warned them; gave them time TO de-
sist before fired It, and then discharged It over
their heads; first knew that Wilson wounded
when the police came in; II either OF my two shots
took effect II was accidental.
q Did you not, ct the time OF firing these shots,
sincerely, believe that you and your companions
were In danger OF sustaining great bodily harm from
your assailants, this crowd Of men that you have
spoken Off A. certainly do think we would have
been hurt badly II had not fred the shots and
scared them on.
o. From the time or your entering the theatre
until you encountered those men on the stage was
any proyocati0n furnished by Mr. Hickey or any OF
his companions to any person inside the theatres
A. Not that know Of unless 1t offensive to
them for US to Walk around through the scenes.
Q. Did you make any noise, or were you guilty OF
any disorders A. Not until we attacked by the
crowd.
Q. was the conduct Of Mr. Hickey and his COM
panions after they were attacked more than de.
fensiye A. No, sir.
q. Was Mr. Hckey's remark. al am q deputy
enough 10 be heardf A. could not tell where he
was standing at the time; when Hickey made use OF
that remark 70 the assaants he spoke a. loud as he
could without holooing; IL was said loud enough TO
be heard all over the stage In my Judgment.
THIS concluded Wards testimony, and the further
hearing Of the was adjourned TIL Friday next
Of ten A. n.
BuAan or HEALTH.
- naK ~ ArNkt A.tA