The New York herald., 1869-03-27
THE sMEDICK MUXDER.

A0ihliuCh W uc cAecuteu fTluay IOr Vue bnOOI
Ing OF police ocer Smedick obtained In the cell
OF the condemned man at the Tomos. The prisoner
has been averse to receiving visits from any repre-
sentatves Of the press, and has been very rercent
In regard to the history OF the fatal affair." thinkina
as he said, that the newspapers had done him an
justice In coioring the reports OF the circumstances
OF his trial and conviction to such an extent had
been done; but on this occasion he spoke without
apparent reserve, and answered the questions
asked freely and frankly with no more hesitation
than might be prompted by the consideration OF the
weight generally attached to the statements OF a
dying man.
The prisoners cell ia on that side OF the male
PRISON In which those sentenced to the State Prison
are confined and Its interior has been somewhat
frightened by the Introduction OF few household
mementoes brought by the sisters OF the condemned
and by his other visitors and spiritual advisers.
little stand at the foot OF his bed was neatly spread
with white covering and contained an ivory cruel
hx and a couple Of waxen candles, and upon shelf
at the other end OF the room few books and news
papers had been arranged. The prisoner is man
OF about thrtynve years or age OF well-knit frame
and with countenance by no means brutal or un-
Intelligent but shaded, isynatural by the weight
OF his approaching doom. The following is his ver-
batim statement
feel fully satisfied that IL the courts and the pub
Tic mad been made aware OF the terrible and persist
ent persecution received from officer Smedick
would not now be q condemned felon with only one
week TO live. never had quarrel with any police
man In the precinct except him; but he pursued me
with deadly hate for nearly two years, as hundreds
OF persons In the ward can testify. The un-
fortunate act which has consigned me to death
In July last when preferred q charge of feonious
assault and battery against him before Judge Jones,
case for mso 10 ~ wa s
never executed. suppose 1t was not executed be-
cause he was policeman The immunity from
punishment he then secured embittered him against
me. He had continual opportunities to aggravate
and assault me- as his beat was not changed, and he
never failed to take advantage OF those opportuni-
ties He was not content with clubbing me, but he
endeavored TO ncte me to commit crime by prevent
Ing me from earning my bread. He followed me
discharged; for he told every one from whom re-
ceved work that was thief and rowdy and that
he would make 1t unpleasant for any TO give me
anything to do. l endeavored to keep the places
secret where was employed, but he always found
them out and secured my dismissal The Rev.
the Second Avenue Railroad, but was not long on
the road when Smedick called on the superntend-
COM Mr. Harvey H. woods and he ao
them to remove me, for he. told them that
was thief and that they could not
OF the Tweny-frst ward know that never was
thief, and that l always worked honestly for my
broadway Railroad cars where Obtained the posi- 5ss.
iton OF conductor through the influence OF Mr..
James W. Culver, one OF the leading republicans
OF the Nineteenth ward. In fact, knew that could
not retain any situation long after he found out the
place where was employed. But suffered all this
Could take me any time to Il the 81 station house and
prefer any charge he liked against me, and neither
my word nor my oath would be believed against
his. He even attacked me on the night he was
killed, till he g0aded me to desperation and then
fired the fatal shot for which, with all the out
RACES he committed against me. am still heartily
sorry.
Al last was driven to seek employment in the
revenue service where thought he could not reach
me, and through the Kindness OF Deputy Collector
Joseph A. Monheimer, OF the Eighth district, was
employed to watch barge on which Illicit whiskey
had been manufactured at the foot OF Thirty-frst
street, East river He followed me over there, and
asked to go on the boat, because he said he heard
there were women upon 1t, and when he came on
board he found the statement was untrue.
Deputy Collector Monheimer told me to carry
pistol. as the owners Of the boat might attack me
was the reason carried the pistol The men found
on the boat were desperate looking men, the
who saw them when they were brought before Com
missioner Osborn, remarked, Mr.. Monheimer can
Almost every person In the ward knows how
bitterly officer Smedick pursued me. Mr.. David J.
DAILY OF III East Thirty-third street, told that
Smedick dubbed man named Lynch who lives In
the house Mr.. Daily at the northwest corner OF
Thirty-third street and First avenue and whom he
had had mistaken nj iorme. when he found out out his mis-.
sorry 1t was not the son OF b Real, but he would
get him yet. Captain Allare and the roundsman
overbearing man In the force, and the police books
VIII show that he was brought before the Police
Commissioners on the charge OF assaulting citizen
without cause; but do not know what disposition
was made OF the case. have heard that he cubbed
Mr.. Twomley, the fire bell ringer OF Twenty-nnth
endeavored to thrust his club down his throat and
subsequently caused him 10 be locked up.
During last summer he cuDbed me several times,
and at last went by advice OF my friends before
Judge Jones' OF the superior Court, and obtained
warrant for his arrest on charge OF assault and
hntf Aa AA mt kna rv na
was not arrested, unless IL was that the deputy
sheriff to whom the warrant was given for execu-
lest there might be trouble about the matter have
obtained copy OF the papers in the case from the
clerks Office, and here they are:-
Bernard Nss being duly korn dsPose. say.
saloon 10 rir. .yenus yer between Thirsyh,Td and Thirty
on ana s Os % I S o. Ss Sss @ .Us nss ne
there he saw the desndsn smedici deal the psnsa Reai
painful sss ON % sf t
and gave tho defendant no provocaSn whs,svs for said
sworn to before m. a., s.h day q June, ss-oOar
Nrw York SUPERIOR couRr--JoAa Rea, Pliintig. %.
yo1a sn,iiet, Del.s.as-osy and cosms p Me- To,E
Sa . 5 s re s % "a, ss h the
he Fin. avenue between Thryihird and Thirty fourth
BY the defendant, John smsdek, who knocked him down
slou. quarrel with sm.dcs, gave 40 Proyecs-
ton whatever for said assault JOHN REAL.
sspr IsyIss. Notary Public New YORK 'n'
Upon the above aiidavits Judge Jones issued the
following order OF arrest:-
NEw YORK surrRroa Corrr-yoh~ Rsa' rs John srs-
dEIOrdcr OF arrest To the Sheriff OF the City County
Ss. .cn 70 me @ sum
til against the above named defendant and
mentioned section l79 Of the Code OF Procedure
the plaintiff having given the Undertaking required BY
you required forthwith 10 the defendant in
and hold him to bail IN the Of $780, and
return this order 70 Thomas Darlington plaintiff attorney,
No l6t Nassau street, In the city OF New York on the 2h
day OF July, 1854 3. JOSEs. Justice.
JuLy l. lsSs.
There ere many respectable citizens In the ward
and throughout the city who will corroborate these
statements Any one 80 misled by prejudice against
me as believe that was dishonest disordery Will
nnd how much theywronr me by calling onFather
Cowy any other Catholic priest OF the district;
and as for my honesty. might confidently call on
the police to testify to that The Officers OF the rail-
roads where was employed, and Deputy Collector
Manhemer, for whom I worked up to the night Of
my arrest will also testify As 10 my good conduct
care little for my own life now; but desire, In JUS
tce TO myself and my poor sisters and father 10 make
this statement The physicians OF the Tombs. when
was brought here. can testify how was suffering
from the wounds received from Smedick. I would
..N.t.-