The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-14
THE o'DAY HOMICIDE.
Philip Cooney Convicted Of Man
slaughter IN the Third Degree.
Close Of tho Case-suggestlve and Eloquent
Charge Of Judge Bedford-"Stern Necessity
the Only Plea OF Self-Desence-
pected Verdict The Feeling in
C0urt-Sentence.

Tho trial Of Philip Cooney, indicted for the muruer
OF DAVID O'Day, in lager beer salonn on the
Ing OF Sunday the 24th OF Apn OF the present year.
and which was commenced Friday last in the
Court OF General Sessions, before City Judge Cunning
| s. BEDFORD was yesterday brought 10 o close.
From the opening oil the case TO the rendition or the
verdict and the pronouncing Of sentence by this
Court upon the prisoner more than usual degree
OF interest was manifested In the trial. This
was principally, OF course, confined to the numer-
Gus friends OF the unfortunate victim Of sabbath
mornings debauch and the ever attendant brawl,
and the rle DIS OF the hardly less unfortunate slayer
OF that victim. The large OF the General
Sessions crowded throughout net with the re-
pulsive and drcad-inspiring mob that Jocks 10 tho
halls OF justice when such criminals as come from
their own ranks are brought face 10 face with the
Nemesis Of the law, such as the Jerry O'.rens, the
Jerry Dunns and the Jack Reynodses, but with a
spectacle and orderly audience. whose sympahies
were enlisted In the result Of the proceedings, and
who hour after hour watched with anxiety the ap-
preaching moment when those twelve men IN tho
box there should givs their veruc. and his Honor on
the bench shall pronounce the dread Hat OF tue
| law.
| As the case progressed and the testimony became
more and more overwhelmingly in favor OF the
| prisoner, it was becoming a fixed hope that the
verdict would be justlnable homicide and WHEN
Judge Bedford, after most suggestive and eloquent
charge left the IN the hands of the jury hope
| OF acquitta had become o certainty. 1t was not 10
be, however, and after brief absence the jury re-
| turned q verdict OF manslaughter against tho
| accused.
JUDGE BEDFoED's CHARGE TO THE JURY.
The following Is The very suggestive and eloquent
! charge to The jury
| GENTLEMEN or THE JcRY--Phltp Cooney the
prisoner at the bar, stands indicted lor the crime OF
murder alleged To have been Committed on The zAth
| day OF April ast being charged with having stabbed
IN wlliul. malicious manner. anu without Justlhca-
ton, David oDay, In the lett breast causing almost
instant DEATH The lacts Of this melancholy case are
| lew and simple, and mag be Drleny stated as FOL
some Of their friends, on the morning 81 Inc 24tn OF
first went to the saloon Kept BY purcell. and after.
| wards visited the saloon 81 King street, kept by
McDermott. That az the former place the deceased
OF haf dsllar; that the deceased offered to eight the
prisoner or any other man In the house except
| Mackey. The keeper OF the saloon then told them
to leave, as no did not wish any trouble. The
party then left and went to McDermett's 81
enacted sent David O'Day uncalled and unprepared
before his Maker and mas placed Philip Cooney, the
| prisoner at the oar. on tria for his life. happily,
gentlemen, the law has vengeance gratify--its
object IS Simple justice. The commonwealth whilei it
claims protection against The evdoer aud Is exact
ing and pere nptory in Its condemnation OF crime,
yet IL IS equally just even towards the trans ressor.
crime snail be presumed Innocent until his guilt be
fully established Fearing this IN mind ask
you to re recall to your memories, without sympa-
tho occurrence as detailed 70 you by the
witnesses during .d the tral OF this case We
the party had drinks, the deceased laying down u
two dollar bin on the counter. AS tney STOOD before
the bar angry words passed the deceased calling
the prisoner Oafer and liar. A witness testiieS
that he asked the prisoner II he would not stop
growing and shake hands with deceased, ana no
said he would. This witness also asked deceased II
he would not shake hands with the prisoner and
stop arguing; the deceased sad he would notr-he
did not wash to recognize the prisoner have an,
. words with him. We next told that tns
parties were standing before the bar the deceased
with a tumber III one hand, caught the prisone
by the coat collar near the throat aad while mi
} attitude the tumD!er was thrown and broken: Du
there is evidence that 1t struck the prisoner
They Immediately cllnched and almost Instantly
left the saloon by tie back door Tue deceased las
where he fell and expired in a fsw minutes. Upon
bleeding at the mouth ana had received in mis- lett
breast stab wound, which resulted In death. Tne
prisoner admits tnat he committed the homicide,
, | bat claims aC your hands All acguittai upon the
ground THAT he was ustfe ana that the killing was
done Ia seli-de.en In his testimony he tells US
substantially that on Sunday merning, about seven
O'Clock, on the oath day OF April, he met the de-
ceased at the OF King and Varck Streets that
at Claiks, drinking place, the deceased abused
him, called him oaier and said he owed MIN fifty
CENTS alter having TWO or three drinks they went TO
handed his watch 10 the barkeeper and called me
names, and said he would whip me anyhow; We then
Went to McDermott's; We drank there: deceased
called me liar. ana wanted me to go into Dac
room and dght MIN; declined; 0'Connor asked US
TO make up. reaohCU my mana out 10 make and
deceased refused; he then caught me Dy the coat
collar and the shirt collar: he twisted me around
ana men EN- tlew le gss; r'ed 60 ges away but
and fell underneath and ne on top; he had me by
the throat, choking me, and could not speak;
knew him 70 be o very dangerous character; Bnew
tnat he ALWAYS carried pistol, and was afraid OF
him; stabbed him because he was choking me and
thought my he was in danger; had no intention
or Killing m; left nim as soon as could; sur
rendered myself three days afterwards TO the
ers jury honorabiy discharged me; supse-
qucnty the Grand Jury indicted me, aud /
again surrendered myself. Captain Mcdonnell and
three police o1cers are called, and give deceased
the character OF bad, dangerous man. and when
under the influence OF liquor was very ugly aud
prisoners character for peace and quiet Is good.
The District Attorney called i've laymen, who said
they knew deceased lsr number OF years,
aud mat his general character for peace
aud quiet was good William o'Day, sad
brother) to carry pistol and swore that was uot
his ordinary habit 10 carry one snch believe be
you, as matter OF law, That words, no matter now
abusive, VIII noe justify blow, and that ne
who receives u blow by the naked hand VIII
not be justified in using dangerous weapon
provided There be no reason TO apprehend design
70 do MIN great bodily harm. Ii man be attacked
in such manner that there is no possibility Of his
escaping without killing his assailant he Is just
fed IN doing SO after having done bis utmost TO re-
trea. But 10 assault, however violent will justify
Killing the assa8Dt under the plea OF necessity
less lncre be on the part OF the assailsnt clear
EMANCIPATION Of felonious intent. | charge you
81 matter OF law that II you find from the evidence
In this case that the prisoner at the bsr, when he
! stabbed the deceased, causing his death, was then
and there acting under the belief that there was q
design the part OF che deceased 10 take away his
lie or 10 do him some great bodily harm, ana
| that there was reasonable ground for be-
lleving the danger imminent, that SUCH de-
sign would be accomplished. or that such
great bodily harm would be done to him. and that
no was justified Ia that beief then you pist acqut,
fer lie stands guiltless OF The charge. IT. however
you find that the prisoner not justified in that
! belief then you must convict declaring what grade
| OF homicide he has committed, for he acted at his
peril and must abide the consequences. IL on tue
evidence you lind AGAINST the prisoner, then you
must render for the people OF the two following
! verdcts--murder IN the first degree or man
slaughter In the third degree. Tho former II you find
from the evidence that the prisoner the bar Ia
nicted the stab wound with premedtated design
to take life and under circumstances not just6abe
the latter Ii you lind the prisoner inflicted the stan
,eanna,ta, aa aas,nr Vi tr ~. ana vn 49,