The New York herald., 1868-05-06

$1,000 damages for the killing of the husband OF the
piaintin In July, 1885, by pistol shot, the other
plaintif being coadmnistrator with the wie Oh
the estate OF the decedent. The pistol shot which
caused the death OF Mr.. Frazer was fred by Muiaoy
In the course OF meee.n which the deiehdan's' .e
deceased and the deceased's barkeeper' Aoiel o"n'
were all more or less involved, arising out OF DIS
pute as to the right of Freeman place quantity OF
machinery in the cellar forming the basement OF the
prevnises occupied by deceased. Freeman, II ap.
pears, had leased the cellar and claimed . right OF
way through Frazer's premises re nne o'ner
In his opening address to the jury John H. Anthon,
counsel for the defence referring 70 tne iact taat az
the homicide but never brought to trial. said 1t was
singular fact that the principal witness called for the
p,ant on the preceding day should be the very man
iMniladyl whose hands were imbrued with the blood
or the plaintiffs deceased husband ana thac ne
the murder ana never yet brought to trial. though
the deed was committed nearly two years ago. 1t
was remarkable commentary upon the administra-
ton or obstruction OF the law by the of1cers upon
whom the duty OF executing 1t devoved He did not
know why 1t was so In this case, but perhaps the
the plaintis ana who was to some extent connected
with the District Attorney could give some anforma-
Mr. freeman after several other witnesses had tes-
titled to some Of theincidents Of the affair was ex-
amined and testified that he returned from Phlladel-
informed on the etR that Ryan and Muliady had been
prevented from putting the machinery into the
eear as ney nad to 40 az an9 sa Deea an
Waters; Ryan said that some one had drawn o knife
there and tried to cut him; was with Ryan IN Cedar
who asked Ryan where he was going; Ryan said he
was going to get out warrant at the Tomps ana
Judge bowling @ Would IN not issue against
Fulton st; witness wanted to know what was the sit.
uaton Of affairs at No. 1Se and went down there's told
Mullady before arriving therethat II they attacked
there saw that the g grating over the dummy" Was
that lock OF WITH and Mulady handed me crow:
bar that was with the machinery on the sidewalk;
could not the grating and went into a Ss
open Frazer told Mr. Waters not to allow any one
down stairs; then went up again to the sidewalk,
thee the cellar % also, % and that wanted TO put the ma.
chinery down stairs; then sent Ryan In to 60 down
aaa s ne sns got ~ @ rs BY e
ehinery on the "dummy;'' Ryan came back and said
the door was locked and he could not get down
after he out ofthe saloon, and on seeing then,
/ told him to put up that Internal pistol;
there, and asked him II the door was locked; he
said 1t was, and refused to let put the machinery
and Frazer rushed at me las thought) to attack me
lwitness here described struggle in which Ryan,
Mulady and the bartender appear to have engaged);
then took hold Of Swift and struck him with his fist;
Swift then got hammer, and Ryan took 1t from him
for the door, putting his hand on his right panta-
looms pocket, and, thinking he was about to draw
weapon, struck him across the shoulders with the
crowbar; then turned and saw Swift aiming at me
with long stool to strike me, and Knocked 1t out
OF his hand; about that time heard pistol shot
fred, and thought was shot at; Ryan and Swift
then tried to strike each other with stools near the
back door, then looked around and saw Fraser sit
ting outside Of the door on the grating; did not
he. he sat .I6 there; Ryan to stop gai 1Ss
lock; Ryan went down stairs and went out on theI
sidewalk; Frazer was then standing at the door OF
the next house; then went to work at the machn-
cry and man made q statement to the effect that
.'that man (MuIlady shot Frazer and has got pis-
tol in his hand, he will shoot some Of yOu;" the
police than came and arrested us; I never gave
any money to Swift to keep away; the indictment
against me has never been tried.
Crossexamned-Mr. White informed me at Mr..
Shaffer's office, when was arrested In this civil
suit, that Ryan was dead; mentioned 1t to Null
lady afterwards; have given Swift money at two
different times, not more; when he was examined
de bene esse paid him witness fees; I never told
Mr.. White had given Swift money several times
q matter of charity.
At this stage Of the proceedings Judge CarloZo
said he would not go further with the at that
time. The court then adjourned.