The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-18
TIE BROADWAY THEATRE OUTRAGE.
Opening Of the Case for the Decentralization
to Dismiss the Complaint Against Deputy
Shcrihs Lenry, Ward and Quinn.

Opening of the Case for the Decentralization
to Dismiss the Complaint Against Deputy
Sherins Lenry, Ward and Quinn.
The examination on the part of the defence IN the
Broadway theatre shooting affair was commenced
at two p. NJ yesterday before Judge Shandley at the
Essex Market Police Court. The following is the adj
ditional evidence and proceedings in the matter:-
william A. Martnott, being duly sworn, deposed
as follows:-I am an officer Of the Fourteenth pre-
cinc police; have been the police for three years:
on the night OF the 18th OF August last |
was at the Broadway theatre went In just
after the shots were fired; l heard rap
and went to see what was the matter;
entered Just after ofcer Fogerty as entered the
door one OF the employees Of the theatre undertook
to stop me; onicer Fogarty told them who was,
and then was admitted: asked what was the mat
ter: a wounded mani said, lone OF these men shot
me-" pointing TO three or four deputy shers; there
were several standing there: man who appeared
to be the manager asked me to arrest man he
pointed out to me; he said this man was drunk and
dsorderly, and had raised all the disturbances; was
told the man who spoke to me was the manager.
O. Who was the drunken man A. man belong
ing to the theatre; this man was not deputy
sheriff; he was not beastly drunk but was under the
influence OF liquor: did not take him OUT said we
assistance, when we would take away all hands:
this man was not taken away. so far as know;
saw stephen Wilson that evening; was told thai was
his name.
son who had shot him. A. No; was near Fogarty
most OF the time; Mr. Wilson pointed towards two or
three and said, zone OF those shot me-" don't
think he could have pointed out Hickey as the one
shooting him without my hearing him; ! arrested
deputy sheriff; know he was deputy sheriff from
the badge he wore on his breast
Counsel for the deputy sheriris submitted certi-
fed copy Of the record Of conviction July o. 1853 OF
stephen Wilson. for an assault committed on Angus
tus Schell. The conviction, he stated, i'm the
Court OF General Sessions, and thereon Wilson
sent to the Penitentiary for six months. He also
submitted similar record OF similar assault and
Imprisonment for assault John Austin
After submitting these court records he
moved the dismissal OF the complaint
against Deputy Sheriifs Leary, Ward and QUINN
lie contended that no particle of evidence had
been shown against those men, duplicating them IN
the shooting. The law, he claimed. did not hold a
company Of men responsible for any higher crime
than they Jointly intended TO commit. Ten men
might start riotous expedition, and IL one or
them should Kill man, he urged, the other nine
could not be held responsible for the murder. Tie
asked the dismissal or the complaint against
the three named, for the purpose OF max
ing witnesses OF them. In this connection he
commended that the theatre AZ in attitude of
defiance that evening in advance against the
deputy sherfs for the purpose OF preventing
the service of legal process on Mr.. Harkns. lie
reviewed at length the evidence offered for the pro
secution in support OF hts motion
The Judge, after listening 10 the argument. pro-
missed TO give his decision on the motion week
from next Monday. Sheriff O'Brien VIII be The next
witness examined.