The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-25

or some one resembling him. standing; think he had
the ne was NEAR tine s9s
west slde he was either standing still or walking
very siowy ne appeared to be looking towards tne
were some six or ten feet apart; had got nine or
Ten or twelve feet beyond when 1 saw nash
around and saw deceased reel and put his hand to
MS mead; saw something in the prisoners hand,
and and the nash came from that; there was second
shouted and ran towards Thirty-third street, l had
got across the street some six rods when heard
third shot; went then up the avenue and alter
wards was brought here as q witness
TESTIMONY OF JOHN HYLAND.
a. S1s FIss avenuc Sen
about half-past ten O'Clock, came down stairs to
the liquor store on the southwest corner OF First ave-
shot, and Immediately afterwards another shot, and
q little while after another the next saw was
in his hand; chased him and afterwards saw him
arrested the pistol was like the one shown; cannot
TESTIMONY OF HENRY BECHMANN.
Henry Bechmann residing at No. 500 First avenue.
being sworn, says grocer's clerk; last evening"
about half-past ten O'Clock, was standing in front
OF the above place. 1t is one house above Thirty third
street. on this side west) OF the avenue; deceased
stopped at my place and spoke to me about min
ute and walked towards Thrty-secOnd street; when
he got to Thirtysecond street man came from near
the coal box on the corner raised his hand and fired
the second shot, and while he down he received
another shot; do not know who 1t was that shot
him; ne walked towards him when he fired the third
shot.
TESTIMONY OF GEORGE W. SMITH.
George w. Smith, residing at No. 500 First avenue
being sworn, says-I am a teamster; yesterday even
ing about twenty minutes OF eleven O'Clock 1 was
standing between Thirty-third and Thirty fourth
streets, near Thirty fourth street. when heard two
shots In quick succession; ran towards Thirty
second street. and when within one door OF the corner
coming from mis- head and breast; he was dead; he
was afterwards carried to this place.
TESTIMONY OF OFFICER NEE.
James Nee, being sworn, says am patrolman
OF this precinct; last night about half-past ten
O'Clock l was standing In Thirty-second street,
near First avenue, when | heard TWO shots
prisoner came rushing along Thirty second street.
from the north sde was on the south sde told him
TO stop; he said "Go away, you son Of a, or IN
after him; he went up Thirty street to hail.
through that TO the rear, jumped over the yard and
no Ne uEn
third street to Second avenue; on the west side of
Second avenue he fired again at me; he ran up
Second avenue to Thirty-fourth street and down
Thrty-fOurth street towards First avenue, and in
the middle OF the block | knocked him
asked him whom he had hit: he said "he had Killed
Smedick;' asked him II he had killed him. he said
III he hadn't killed him it was not his FAULT" l
some difficulty between deceased and the prisoner;
on the LIST of July the prisoner snapped pistol three
have examined the pistol shown Is, &c. Colts navy
reyQyer there Is one barrel chamber loaded and five
empty.
MEDICAL TESTIMONY.
Wooster Beach, NJ d., being duly sworn, says-I
have made post mortem examination on the body
OF deceased and found two pistol shot wounds
thereon, one entering the side Of the head just in
front OF the ear passing directly through the head
and emerging at the ear Of the opposite side the
other entered the chest about two inches to the left
and little above the right nipple and passed
through; the wounds caused death.
The case was then submitted to the jury, who rem
derei the following
VERDICT.
"That John Smedick. the deceased, came to his
death by pistol shot wounds at the hands of John
Real ON the 2sd day Of July, 1862 in First avenue,
near Thirty-secOnd street."
Real is twenty-eight years OF age born in Ireland
lives at NO. 565 First avenue, and has been a car
driver, but recently has had no employment. In
relation TO the charge Of numbering the 01icer he
had nothing TO say
Coroner Keenan, committed Real to the Tombs to
await his trial.