The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-09-18
TIE SECOND AVENUE SHOOTING CASE.

The Inquest interchangeable Testimony -ssip-
guiar Verdict OF the Jury.
An inquest was held yesterday morning al the
Twentytrs precinct station house, by Coroner Kee-
nan and jury, on the body OF Thomas McCabe, who
was shot Tuesday evening at the corner Of Thirty
second street and Second avenue by officer Herman,
Of the Twenty FIRST precinct. The prisoner had
seat at the table the Coroner, and the wife,
mother and other relatives of the deceased occupied
chairs TO the right OF the jury. large number OF
people present and the excitement was intense.
Opinion seemed good deal divided as to the crim-
nality OF officer Herman and the evidence was
listened to with the keenest interest. The jury hav-
ing been sworn by the Coroner,
Thomas Mullaly was called to the stand ana tes-
titled as folows:-I reside at 527 Second avenue and
am by occupation Car driver; was acquainted
with the deceased, who was also a Car driver; on
Tuesday evening at haf-past eight, think and
deceased and driver now in the room were stand
Ing on the corner OF Second avenue and Thirty
second street when We saw crowd running from
the southeast corner, men and boys, toward the
lager beer saloon between Thirty first and Thirty
second streets; sad 'rhere's fire; let's go up and
see;n SO we started at the time with the crowd;
we walked slow, in the middle and the deceased on
the inside; saw the prisoner looking in the lager
beer saloon OF the time; he turned round and before
turning round said, acct them out of your
houses" then he turned round with his club
in his right hand to disperse the crowd, say
ing, ''Get away;' he changed the club to his
left hand and searched for his revolver, l
suppose, in his pocket and drew it; was watching
him all the time; he mOtioned toward down town
with his right hand; could not see the revolver
then because his back was toward me; he then
turned rornd and presented his revolver the
street toward the East river; he fired the blaze OF
around; says |, ''t must be a blank" went up to
him; says l, "Don't you know me?'' did not know
that the man was shot; heard afterwards that he
was killed; the revolver went or in front OF us three;
was within five houses distant from the place
the door OF the saloon and let rip right into To
the cOrOner-rhe flash did blaze In my face; women
and children We're around the saloon; judge there
were between forty and fifty people, mostly women
and children, about the saloon.
BY the coroner-HOw many children under fifteen
were presently
can't say that; should say that about twenty
five were children, fifteen women and the balance
men; that is az near as can say; the women ana
men were further or on the sidewalk, some on the
other corner; there might be three or four men near
the liquor store, four or five yards from the prisoner;
the liquor store is next to the saloon; the officer
in the centre OF the door of the latter; the men
were standing looking on; they seemed calm and
TO the Coroner-I do not think that the prisoner
had any cause for using his revolver; there was no
disturbance in the crowd; followed the deceased
and the officer to the drug store; asked to see the
deceased who was friend Of mine, and the prisoner
pointed his pistol at me and ordered Inc away; he
then raped for assistance.
The Coroner said that had nothing to do with the
matter aud the witness very unwingly left the
stand.
Michael Reilly swrn-G reside In 56S Second ave-
nue.; l am glider by trade; after leaving friend
past eight, went over with Michael Salmon to see
what the row was In the lager beer saloon; a man
was making noise inside 1t; by MS voice Judge he
through the door screen; heard something hit
against the swinging doors very slightly, whether
piece of wood Or stone could not say; IL struck
against the shutter and fell TO the grounds about the
size OF marble / should say by the sound: the
olllcer seemed to notice it, and drew his club on the
crowd; he said nothing al that time about people
firiug things; there was crowd, few children
in the street, not more than fifty on the side
walk present at the time; there were at least
fifty the crowd quiet and looking into the lager
beer saloon; some of the children were halOolng l
whatever 1t was; the crowd scattered when told by
the pr soner; no one resisted him. he then took out
his pistol and fired at the crowd that was gong up
the avenue; they were mostly children there was
no disturbance, but the shouting OF the children;
can't say whether the officer heard the noise men
toned; there was no attack made upon him that
time or afterwards; saw the deceased shot a few
minutes afterwards, and thought he was drunk
To juror-There were no words between the
prisoner ana deceased; some people said we should
do something to the officer for shooting the man. but
I said we had better not.
The witness then retired.
Pat Mulligan was the next witness sworn re-
side at 233 East Fory-sixth street; was going home
lager beer Thirty-frst street and Second
avenue; man was shouting aud making great
inside the landlord trying to get him out; there
was q crowd outside, mostly women and children:
this officer liked himself IN STOPPING position and
looked la, aud at tile same time some small article
made a noise against the door; it seemed like
small piece OF wood striking against the door; |
thought at the time II had been thrown
re looking through the shutters; the Of
fer stood in the centre OF the door and
seemed to notice the noise. for he signazed with
dispersed, up town and some down town: some
few men remained and stood OH one side: the officer
then his revolver aud fired deliberately at the
rctreating crowd; thought II was blank. FOR did
not think sensible man would fire on retreatlng
crowd OF children; some OF MS turned back imne
dately after the shot fired; the prisoner turned
into the saloon and ordered the landlord 10 get the
men IN II OUT SAW deceased afterwards ~ the urug
store: the evidence given by the other witnesses IL.
THINK. correct: not man. woman or child mOlested
the prisoner in the discharge of his duty.
Michael salmon was then sworn and test flied ~
foows-I reside at 32l East Thirty second street:
was nj the corner OF TnrtysecOnd street and Second
avenue on Tuesday, about eight O'Clock, when !
heard . noise In the lager beer saloon opposite like
man striking q table; there were number OF
children about the door; ths onlcer pointing to the
prisoner came mp and looked In the door: he ran
against the door; ] think that caused the NOISE;
there were no stones thrown; he swung his club and
the crowd Dispersed, and then stepped yard In al
vance Strengthened himself up, drew his revolver
and looked up and down the street; he then fired a.
the rctreatinR crowd. saying at the same time "Get
away GU. Of this:n no one was Interfering with him:
saw deceased fall about forty yards away and went
down 10 see hun: the crowd was still aud quiet;
some were going away and some were standing AZ
the door looking nj the prisoner
Patrick Hickey, OF J1l Second avenue, by occnpa-
ton shoemaker, testified did not know the de-
ceased; was working on NY bench and noticed u
man In the beer salOon heard him all day making
a NOISE; there was crowd OF children looking In;
| the onlcer come up ana tel them Ia go away,
which they did; saw the officer take his pistol In
hts hand and fire IL; the shOS passed close " me-
standing on the step OF my shop AT the time;
there was disturbance at The time: saw the man
fall; the officer ran with the crowd ny 10 where the
deceased lay; knew the officer for years. but never
saw the deceased before.
Juror-liow far were you from the officer when
ne fired the shoty Three houses distant the side
walk: did not expect sensible man would IRE
into inoftnsvc crowd; he did not aim at any par
ticuar man; he might ~ well have shot me: a min.
ute might have elapsed between the time he drew
the pistol and saw the shot.
The witness was positive and gave his evidence
with great clearDess,
The pistol used by the prisoner, which was u six
chamhered revolver. pocket size. was here shown %