The New York herald., 1869-06-21
TEE NELLY HOMICIDE CASE.

Investigation Before Coroner Schirmer-The
Verdict.
At last the case OF Hugh Kelly whose dead body
has been lying at the Morgue for some days past,
has been disposed Of at least as far as the authorl-
ties or this county concerned. Kelly was beaten
by some row dies in the upper part of the city, on
the "a ult, and partially recovering from the effects
of the violence, proceeded with his lapors. At o
later day Kelly was taken sick and went TO
his SISTERS, in Newark, N. j., where ne grew
worse and died. While the investigation
relative TO the Of his death was pending before
the Coroner of Newark the body was brought to
this city for burial accompanied by certificates from
the physician who attended him previous to his
death, and also the Coroner before whom the inqui
siton had been commenced. These certificates,
however did not satisfy DR.. Harris, Of the Health
Board, who declined giving permit for burial on
them, but demanded a certificate from one OF the
New York Coroners.
Coroner Schirmer, who was applied TO, at first de-
cned to take the case, believing as he did, that he
had not jurisdiction, inasmuch as the death occurred
in another State the proper authorities of which had
the matter under investigation. Yesterday morn
ing, however, the Coroner for merely sanitary rea-
sons, made private examination and gave q certi-
hcate, Which doubtless acceptable to DR.. Harrs
Below will be found copy Of the testim ony
ELECTED before tue Coroner
TESTIMONY OF THOMAS KELLY.
TnOmaS Kelly, being duly sworn, depoSeS ana
says:-l reside at Fort Washington; recognize the
body Of the deceased as that OF my brother, Hugh
Kelly, whom brought TO this city from Newark, n
j., where he died last Thursday; went to DR.. Har
rs for permit but he refused TO grant 1t ana sent
the body to the Morgue; accompanying the remains,
had q certificate from DR.. DOdd OF Newark, n. j.
who made post-mortem examination OF the body
by order of Coroner Chase, OF Newark, n. j., and
also certificate from Coroner Chase that he had
viewed the body with a jury and had postponed the
inquest till this afternoon, at two O'clock
MEDICAL TESTIMONY
Thomas c. Fhnnell NJ. d., being duly sworn, de-
poses and says:-l have viewed the body OF Hugh
Kelly, now lying dead at the MOrgue; found post
mortem examination had been made on said body;
the remains were in such a decomposed condition
that IL is impossible TO form medical opinion as to
the cause OF death.
DR.. Joseph Cushman deposed to having viewed
mony OF Dr. Fhnell. The evidence at hand being
all in the Coroner delivered the following address to
the jury
GENTLEMEN OF THE JuRY-As soon as ascer
DR.. Harris, of the Board OF Health, / concluded
at once, for sanitary reasons only, to per-
form my duty as O coroner ana to act In this
matter as well as could under the circumstances.
You have heard the testimony OF two regular
physicians, and their evidence compels me to pass
this over to you for verdict in an unsat-
sfactOry condition; but hope that the authorities
of New Jersey, who have taken charge Of the case IN
ascertain the OF death, but also to learn the
circumstances under which deceased Is said to have
been beaten, with the view OF bringing the guilty
parties to Justice With these remarks, gentlemen,
/ leave the case In your hands,
The following verdict was returned:-"That the
deceased came 10 his death by causes unknown to
this jury"
Deceased was twenty four years of age and ma
at the OF the investigation took charge OF the
remains for interment.