The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-11

the door when heard the first SHOT lIed; saw the
figure OF the man shooting the second sAOt he was
standing between the door and the coal box; the
coal box Is on the avenue between the door and
where stood; the man then took step or two ior-
ward and fired again, and turned the pistol In his
hand as though something was wrong with 1t; there
were other people about there. but didn't count
sraei ana went amer ~ Mimi e when he tuned into
the alley went up Second avenue TO Thiriyf0urth
street. and down Thtrtyfourth street back TO Thirty
second street; then Real had been arrested; saw
the ofcer (Smedlckl lying dead on the sidewalk;
was examined before the Coroner.
Two OF three o. the Tren
and he asked II he gave that testlmon He said
he did not remember exactly what he testified TO
ledge what another had written as his evidence.
He had not read 1t himself after he testified and did
not remember whether Il was read TO nm inc evl,
given to-day except that 1t was not 80 Iuil and con-
else as to details.
At one O'Clock recess was taken for half an hour.
William II. Mcconnell, sergeant OF Metropolitan
Police, attached to the Twenty-drst precinct, was
the first witness called after the recess, and being
sworn, testihed-On the 23d July last was In COM
mand OF the station house; John Smedck was 0
patr0lman first heard OF his being killed about
in and said an oicer had been shot in First avenue;
l ordered out the reserve section and about i've
minutes afterward officer Nee came in with the
/ asked some one who shot Smedlck, and Real said
81 did it; am the man; or l tried 1t anyhow" |
III he amt dead it Amt my iaut:" then took his
pedigree and he was searched; the deceased was
brought in about five minutes after the prisoner;
was informed that he was then dead; was handed
pistol belonging to Mr.. Smedick and examined 1t.
Evidence as to the condition OF Smedlck's pistol,
whether any barrels had been discharged or not,
was excluded, the Court ruling that II the defence
attempted TO prove that the officer had fired at the
prisoner this evidence could be offered In rebuttal.
Witness contlnued-I found one chamber of Reals
1.-THE prisoners pistol loaded and five discharged the
station house, think Is perhaps 1000 feet from the
scene Of the murder; did not go to the place that
night.
knowledge that the pistol with five barrels dis
the word OF the officer who handed it to me; have
Smedicks pistol In my pocket; think the captain
has the pistol that had I'VE barrels discharged; !
do know who has had custody Of IT. the deceased
officers name Is spelled SmeJck: do not know
from the deceased that he had had any difficulty
with the prisoner; l know that Real had been ar
rested.
Oiilcer McCue was next called, sworn and test.
fed-I was police officer last July, and was IN the
neghborh0od of the murder at the time 1t 0ccurred;
was there about fifteen minutes after heard the
first shot; found Smedick lying on his back on the
sidewalk Of First avenue near the gutter; saw q
pistol shot wound near his ear and the brains oozing
IRON the wound; there was another wound on his
breast ana back, as though the ball had passed
through him; Smedick's pistol was found IN his
pocket on his hip under his coat; saw his pistol
In his pocket when he was lying on the sidewalk;
when saw him thought he could not have had his
pistol with him. or that 1t was unloaded or he would
not allow himself to be shot; took 1t out and saw
that the barrels were all loaded; his pistol was
station house; Real was not near when found the
body; have seen Real once brought into the station
rested him: there was blood on Reals face as though
he had been cut; this was about fifteen days before
the murder; Smedck had brought Real IN at the
time.
Re-direct.-Q. Who helped officer smedick to ar
rest Real on that occasion? A. think II was officer
Fitzgerald; there was another otdcer assisting
SmedicK
O. Did you hear what Real was arrested for then :
did you hear 1t stated in the presence OF Reas A.
lafnr hat f,nof
to shoot officer Smedick. This answer was ruled
out by the Court
captain A1aire o. t tine awenyrst preenc5 was vas
brought IN; as I wentout Of the station a.9n
the prisoner; then went down to the scene OF the
murder, and when came back Smedlck's body had
been brought in; the Office asked Real If he had
that he tried hard enough that 1t was not his fault;
found pistol lying on the desk said TO be the
rels discharged and one loaded, without cap on,
and 1t has remained IN my possession
IN that condition Ha.,,s ever Since don't know
tol In his pocket when he was lying dead in the
station house; don't know who has got 1t now; l
before that time; he had been beaten, but not badly
beaten; don't know personally OF any difficulty be-
tween Real and smedick; | know smedck arrested
but never In any way but officially; he never spoke
harshy or unkindly OF Real, nothing more than in
Mr.. stuart-And that violence had occurred be-
tween thems A. Yes.
themS Witness 10 the Judge)-yes,. sir; smedick
told me that Real had attempted to shoot him.
Philip Lambrecht, on officer Of the twenty first
precinct. was next sworn, and tesrifed-l was
on the corner OF Thirty-nrst street and Second
avenue, talking to officers McCue and Terry, on the
night Of July % last when heard three shots fred
and an alarm rap: ran to the corner OF Thirty
second street and Smedick lying on the sidewalk
ana saw oficer Nee shortly Afterwards with the
prisoner; went with olcer Nee and the prisoner to
the station house, Real. the way, said to me:-"I
have been aging for him oil nght;" named Dillon
spoke to Real and Real said he had shot Bourbon
dick, aid your he replied, II didn't, did II put
three balls in him, and II he is not killed Is not my
tss n ss smeSc ne
deny It."
Cross-examined-I have been thirteen months on
the police; my patrol was not near where the shoot
ing took place; was sent down from Thirty -ffth
street to quell disturbances; had the stati0nh0use
post and the doorman raped for me. and Sergeant
Mcconnell sent me down; that was how happened
to be on the corner OF Thrtyrst street and second
avenue; was not examined as the inquest; have
don't remember who they were. but can ind out;
had known Real before, but never had any Ill Will
Dr. wooster Beach was next sworn. and testified
IN relation to the nature OF the Wounds the head Of
deceased had been pierced by q bullet passinn
wound penetrated the body little TO the right Of the
breast bone and the bali had passed ont ut the back Of
the deceased; either wound was SUFFICIENT TO cause
DEATH In the opinion OF witness IL was the wound In
the head that did cause death.
This closed the evidence Tor the prosecution.
THE DEFKNCE.
Ex-Judge stuart then proceeded to open for the
defence, and presented what the defence meant Il
substantiate their theory Of justification in behalf
OF the prisoner. He asked the jury, however, not to
let any sympathy they might have with the good
order and common welfare OF the community in
nucncc them against him. The prisoner was here to
answer for particular charge made against HIM
and for other violations OF law by other persons
They to judge the case from the proofs which
the prisoner could offer, which would tend to show
at least excusabity, n not Justnabilty on his part
Real did not deny that he shot the policeman
Smedck. Reals mental and moral status at the
time was not high. lie was uneducated and Of
earnest purpose Iaboring mana man o.
peace, with the exception OF his dim
culties with that officer; man addicted
to hut vice, and that vice intemperance :
and suffering from the insanity produced By that IN.
temperance. But he was man whs also, by reason
OF that vice, had been followed arrested, beaten and
bruised by tnat ocer. Incitcd BY these wrongs and
aboring under the weakness VI his only falling he
accidentally met smedick, the oflcer who had often
arrested and threatened TO beat his ''boody head
on.r The oflcer approached him armed, and Real
to save himself from violence nc least. and perhaps
l.tn ia "A Lao fo ~.