The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-25
COURT OF GENERAL SESSIONS.

Alleged Attempt to Kill n Member of tho
Metropolitan Fire Observation-Disclosures
for the Prosecution-The Case to be Cor-
tinued on Monday.
Before Cunning s. Bedford, Jr., City Judge
Shortly after the opening OF the court yesterday
Cornelius McNay was placed on trial. charged with
committing felonious assault upon james Spencer
the LIST Of last June Assistant District Attorney
Hutchings conducted the prosecution. The COM
painant, James Spencer, sworn and examined, tes-
tilted that he was member Of the Metropolitan Fire
Department and attached to Hook and Ladder Com.
pany No, T. situated In Twenty eighth street,
between Second and Third avenues; that on the
evening Of the LIST Of June, between eight and nine
O'Clock, he was standing in the small side door Of
the engine house talking to q member OF the COM
pany (wm. Finch, when Cornelius McNally came
along and when he got within Jour feet OF him, with
out giving any warming he took aim and fired four
ehos at HIM, the fist taking effect In his arm; he
started ana ran away ne dia not say ANYTHING when
he was not arrested I'LL the next morning. The CON-
painant was confined to the house one month from
In MS cross-exammation Spencer said that on the
morning OF the occurrence, about hafpast twelve
O'Clock, McNaly came to the engine house and at
tempted to shoot member stephen Arnold), when
he (Spencer) put him out OF the house and hit him
On the head with small iron hydrant wrench. The
person with pistol but admitted that he had struck
James Cosgrove, Sergeant Policy, VIM. French, aud
for Six months for assaultlng Q Third avenue rail-
road conductor. In reply to Mr. Hutchngs the wit
ness stated that since his connection with the Fire
Department no charges were ever made against him.
At hafpast twelve O'Clock on the day OF the shoot.
ing McNaiiy and man named Conway came up to
the engine house, and McNay, after using very
offensive expression, struck MIR. Arnold and Knocked
him inside OF the door, following him In and repeat
Would ID. tx him Arnold called for Spencer 10 save
| him, who, when he entered the engine house, saw
McNally holding Arnold with his left hand, while
W n
out Of his pocket, when he (SpenceD hit him with
| the wrench. Then he started and ran out OF the
| house.
| William Finch confirmed the statement of the
prosecuting witness as to the act OF shooting aud
mediatey before the shots were nred lie SAID that
| he was threatened with assassination and by the
advice OF friends left the city anu went 10 white
| Plains.
| John Keiting said that he was going through For
tieth street from the second to the Third avenue,
and when he got within eight or ten feet OF the
engine house lie saw the prisoner fire four sn9ts into
a side door where two men were standing anu run
samuel Mccullough also saw the prisoner fire the
| shots and run away. He told spencer -FOUR OK hve
days aiterya that he saw the occurrence sIs
the evening Of the let Of June he was walking from
Yorkville with 0 friend, Thomas Finneean, and
and THIRD avenue, kept by MT; Geoghan, to take q
drink he saw the prisoner McNay In there and ne
| had pistol in his hand and he heard him say, "K
the son OF b-h;r then he left the saloon after he
| and his friend Flnnegan had drinks they went out
and were walking along and heard man say "He
Thomas Finnegan corroborated the statement Of
Mr.. Murphy. The prisoner started out OF the saloon
In hurry, and said, ~ win XIII the son Of b.ho
| they tarfied at the door moment and heard the
| report OF pistol; heard that man had been
wounded andthat he would die.
Onicer sherwood, who was on duty on the night OF
tho occurrence, heard the pistol shots ana gave
chase 10 the man who ran down Thrtynnih street.
Onicer irving testified that he arrested McNaliy
on the I'd Of June In Thirty OF Fortietn street.