New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-11
THE SMEDICK MURDER.
REAL TRIED, CONVICTED, AND SENTENCED TO
BE EXECUTED APRIL q

deliberate and diabOlca murders which chill the blood
and confirm belief the total depravy OF at least
some members OF the human family AT lOt O'CLOCK on
the previous night. while Officer smedek of the Twenty
first Precinct walking his beat In Thirty-second
street. he deliberately by John Real who was
stealthiy lying in wait for him behind some boxes OF
coal IN point Of atrOcty and magnity this murder
was by no second that Of the Rogers murder
which has recently created much excitement, ana
around which much mystery still hangs AT the tlme
however, the public mind full OF politics. and by
the intrepidity and GOODNESS OF another oicer'
james Nee, the assassin was promptly arrested
and lodged In safe quarters. Owing to these cir
circumstances the did not receive the pubic atten
ton at the time which it would had people been less abb
sorbed on other matters had the prisoner for few
weeks or months eluded the Police.
The trial In the commenced yesterday in the Court
of oyer and Termner Judge Barnard presiding officer
smedick native OF Ireland and had Joined the
city police force about ten years before his
sassination. He had been the Twentyfrst
Precinct about three years, and had always
been regarded as Of the efficient exemplary
officers connected with the force. The prisoner
old offender and dsorderly character, and had been
several times arrested by Smedick This the third
| attempt he had made the officers life. About
three weeks before this he had fired at Smedick
three times. and had been arrested land Inn
prsoned for shooting with intent to kill.
BY means, however, he had obtained bail,
and sought the first opportunity to put his murderous
designs into execution. Officer Smedck left wife and
children. and large circle OF friends. especially
among his brother officers. The called yester.
day and opened for the prosecution by Dis
riot-AtOrney Garvn. Before the taking OF testimony
commenced Judge Barnard said that threats Of as
sassnaon Of witnesses, no did not which side,
had been communicated to himself and the DistrictAt
tOmey. He warned the auditors that any attack on
witnesses would be met with swift and condgn punish
| ment. go .
Wayne County, Penn; that on the night OF the 23d
July, lsCs, he in Thirty-secoDdst near FIRST
| imam afn
side Of about the same time he saw police
officer walking sowlyaloug, close by the building when
the officer had walked within short distance OF where
the staudl witness heru tho report
pistol and saw the prisoner standing with revolver III
his hand the policeman had fallen on one Knee with
his hand the ground the prisoner hred again, Whem
the witness ran away; short time after, he heard stu
James Nee was sworn and testified that he was Police
officer. and Thirtyfourthst and First,ave the
night of the murder; he heard two shots and started In
| the direction OF the sound ne met the prisoner and
threatSncd TO shoot witness attempted to seize
prisoner, but missed him. and he ran OF up Thirty,
far Thirty fourthst who're he overlook and secured
him Counsel for the prisoner objected to any testimony
regarding what Real did to the witness. The objection
was sustained. When the prisoner was taken TO the
staton-hOuse he asked II he had killed smedick He
replied II lac bad not Killed him 1t was not his fault Two
| barrels 90 the pistol had been discharged
Henry Bceknan testifed-On the 23d OF July he was
living at No 500 FiTstaye. block above Tnrtysecond
si he was standing ia front of the door about Oi r.
side of First-avc he walking slowly when he got
| near Thirty secoud.st man came out from behind
first shot Smedck turned partly round at the second he
fell he standing right IA the door IL was quite
dark: tho sars were shining; the officer stopped and
spoke To witness couple OF minutes; he walked away
very slowly it took him couple OF minutes 10 reach
Thirty secOud IL not light enough To see whether
any else n the avenue the first vines saw OF
the man who fred tie Lis running from behind
the coalbox; witness did not him till lie fired: the
coabox night the witness could see IT. 1t
was Thirty.secOndst.; he saw HIM raise his hand;
ne saw the pistol fash three times saw the man run up
Thrty-socond-st.. toward Second-ave after ho saw
tue shots fred he stayed ut the dotr four or five minutes
ana then IA the house; suedick was on this side OF
Thirty ecUndst nearly on the corner when lie was shot
hc had not got into Ihry-secost inc Shot were hcd
right after the other he ala not see Real that night
after tie nfst shot Smedick staggered ut the second he
fell the third shot nred down at him when he was
JOHN iIyilnd testified that he lived at the Of
TIryscou-.t and Frst-ave lie heard two shots fired,
and door; the third shot was hred by man
AMI something seemed to be wrong with the pistol he
Rep, turning l IN his hand witness followed DOW, nun l ne
steel, the man had a pistol in his hand; the man
| Who fred the last shot was bending over;
| the person Who fired the snot stood about half a
minute the before he ram there were several
there by that tno witness pursued him 10 the hallway,
| and then went on up SecOnd-aye to ImrtyiOufthst,
! and back by way Of First-ave. to Thirty second-st
Sergeant Mr. ii. Mcconnell recalled and testified
lie was charge OF the statonouse on the night when
,S a.Sed if he lad killed smedlcE said he wasn't
dead It not his fault pistol purporng TO have
been taken the officers person, was handed To him
and nc exam ed its condition leNJudgc stewart OBJ
ccd to any evidence Of It's condition, and the Court
after discussion, excluded iI he examined the pts,
tu found on Real and one chamber was loaded nNe ad
charged: the Station House Was ABOUT 2OOO
| from the place OF the murder
0ilccr McCune corroborated the previous testimony,
and added that Real had on one occasion been arrested
10y Smedick when brought to the staohllous no eaD
| was cut about the head
Capt Allare corroborates the testmonyof previous
witness AS Reals remark when brought 10 thc station
house, Had Real before when he was arrested had
Real at the staon.house before knew nothing person
ally Of any difficulty between Real aud smedick smedck
had arrested him or twice; Smedlck had spoken
once twice ~ bad gangs that hung around the corner
the only conversation smedek hau nhu Win MN aOct
In
Psp Lam6rccht am officer Of police testified that he
was IN the neighborhood Of Thirty rst'st aud fIstaye
when he heard The long rap aud on reaching ImTrH
going with him 10 station house Real said he
satisfied, he had had satisfaction and he didn't care
ho had heard Ofcer Mees testimony; he had stated tho
matter In the Station House; ho could not tell who he
had told il To; he did suppose that Nee heard tho
phrases by Real to hin; Sergeant Mcdonnell was at
tLe station House when he brought Real In, and prob
ally heard said there what Real said was I've
| Inc again. mean Bourbon Johnny" witness said,
| "Yon haven't killed Smedck, have your, Ho said:
Haven II l put three bullets IN nm; II haven't
| tisn't my faults another man came behind him and
said had himself In bad scrape he said he DID nc
care he had satisfaction, aud repeated something OF the
| same kind in tie Stauon.llousc
DR. Wooster Beach testified to the condition OF SINE.
dicks body he had two wounds one through the body
aud through the head the bullet entered the SIDE OF
iLe head and passed directly through the head man
might possibly live with ball IN his heart there are
| more thanthree such Instances.
| This closed the case for the people
warning the jury against yielding to the present excite
the prisoner the indignation Justly reused against others
The prisoner did not deny tho DEATH did not deny tho
killing He Justified It, Some OF the circumstances
which led 10 it would before them. IN making UP
their opinions To the state OF Reals hhu, tIey m h
take into consideration all tho circumstances lseaI had
never denied he shot smediek; he had admitted wi
Inn he never used such foul language as hat ascfbed
lo him by the last officer who had testified III Real be,
nyed that smedick intended to jure him. and had good
reason believe even II the beei was lalse no was
Justified They would try To show the jury tlat hchl
Was placed such circumstances as to Do Justhed OF Ut
least g xcnsed In this shooting -- $500,
officer Thomas Crogan was called for the defense, ana