New-York tribune., 1870-08-04
JOHN REAL.
PREPARATIONS FOR HIS EXECUTION
80, oouNuTATIoN OF SENTENCE NOT YET
HUI " .pANnONEn.

" yy is nxed for his execution ana AT ~ oio'N NC
+he extreme penalty of the law Tor the muruer
of John smedck, police oihcel
THE MURDER.
- -, -, I'll, 1868 the community was star
o ~ ,r,,oation that at about halfpast 10 on the
uoN '; oorinc officer John Smedick OF the twenty
~. ,,,rct while satrolng that poiVoh oi MS po"'
-, d., Firstaye. between ThirN anu i"i'''
- e was shot twice and Instantly kineu ny " ""n
named John Real -, oa Ioo, bod hoop
90" -, ,,,pe the murdered man ana kea hau peeh
F"r o"1 d II is represented on behalf of the lat
, Sn' y. go t,, years smedck had pursued him with a
y. ,1.,i,.uoss and an anmosty which would gOSu any
- ., i,sneration. II was stated that smedlck hau
-, peals sister. II has been reported that oo'h
- hd beeu attentive 10 the same young lady, ana
-. her marked preference for Real might DC altrl
-, ,be relentless persecution which Reals friends
- the object Of smedicks life, and which, 1t is
,ended drove Real from one place OF employmentto 10
,o,ber making his existence miserable, ana at last
driving him to the necessity Of protecting himself from
his enemy by taking his life On the evening OF the Su
., Iply Real stationed himself on Firstave, between
Thirty second and Thirty ythirdsts, armed with COTS
navy revolver, and awaited the approach of smedck
whom he knew to be duty that night, and whom he
was well aware must pass that locality while on MS
rounds AT lOg O'Clock Real, who stood leaning upon
coal box espcd tho officer and when they were between
six and eight feet apart discharged his pistol the shot
taking effect in the left side of the head above the ear
The officer fell. when Real fired another shot,
which entered the chest little TO the left
and above the nipple. Real then endeavored TO effect
h escape, running the street. he started along
Thirty -second-st when he was met by officer James
Nee who having heard the reports OF the revolver was
making his way discover the OF them The Off
Ger called upon Real 10 stop, TO which he replied, Go
away YOU - or I'll kill you too and Immediately
fired upon the officer who started in pursuit Keal ran
dashed TO backy yard. and scaling fence seven feet IN
hight reached Thirty thirdst closely followed by ocer
when Real turned at Secondave and again hred AT ms
ef e. Real then darted through sccondaye. 70 Thirty
fOurhst, down Thirty -fourth-st. toward flrstaNe.
ne wac overtaken by the officer who knocked hln
down with his club, and took his revolver from
hun. To the question whom he had shot, he replied
sEedek, and when asked II ne was certain iiat ne naa
killed Smedck he answered that II he had not II was not
his fault He then taken TO the East Thirty ths
Police Station House, where he exclaimed that he was
the man who had committed the murder. that he had
shot SInedck and killed him. tried TO any how. SER
geaut Mcconnell asked Officer Nee if Smedick was dead
10 which Real SAID 81 II lac isn't IT isn't my fault
su,ion-IiOusc the 24th July, and in accordance
with the verdict that John Smedck came 10 his death by
hands of John Real the prisoner committed TO await
the action Of the Grand jury. Real was 2s years of age
and reside No. 5G5 Frst-ave. Tie accused was in
dcted by the Grand Jury the ID Of August and on
the 10th day OF February 1869,
THE TRIAL
held in the oyer and TeTminer Of this District,
Judge George G.. Barnard presiding. The apparent
atrocy of the crime Its surrounding circumstances, the
ltiN'uS given ny lit plHouti lt' Null>NlVl tHV
strong proyOcaon which he claimed to have had, all
tended lend interest the trial and drew large
crowd u the Court-Room The trial commenced in the
morning and lasted Throughout the day District
Attorney samuel b. Garyin conducted the prosecution,
defended Real the evidence for conviction tended only
establish the facts already forth, while the defense
confined Itsef 70 testimony as TO slnedicks persecution
OF Real OF his threats against him, of former arrests OF
Real 10y the ohcer without any Just cause Oi strange ana
wild the part Of Real prior to the murder of
his previous good character ana to Reals reason for
with another had been placed by the Marshal as
watchmen on the arge FRANKLIN seized for lhcit dsui
ling, and had provided himself with pistol for prOtec
tiOu while ON board the vessel ~
The Jury retired at s35 evening, and at 1o55
turned Verdict guilty Of murder in the first degree
with recomme ndatlon 70 mercy iy ,h r,o q, r hung
on I'd day of August. On the LIST day OF August,
OF PROCEEDINGS
obtained by the prisoners counsel and the case was
reviewed on a writ of at "A General Term of the
Supreme Court held the 25th of June 1869, and de-
cson was rendered the 18th Of December, affirming
Judgment of the Court of oyer and Termner Justices
Barnard and Cerke eoncuring in the affrmance, and
Justice CardOZO dissenting
AN APPEAL TO THE COURT OF APPEALS
was taken on the gronnd that under the new Judiciary
act of the State Judge Barnard could not sit at the Gen
Term the appeal he having presided at the term
OF the Court at which the accused convicted This
appeal was argued the first Tuesday of February last
and the first Friday of June the appeal dismissed
and the Judgments of the of over and Tcrniner
aud the General Term Of the Supreme Cout affirmed
Real
AGAIN SENTENCED
on the SOh Of June 10 hanged tomorrow From that
day the efforts of Judge Stuart and those Of the friends
Of the unfortunate 10 procure communication of his
sentence have been ceaseess and tireess Nothing has
omitted and not stone left unturned to induce the
Governor spare Real and his family the disgrace Of
execution, but as is well known Gov Hoffman. though
sOry pressed has declined TO interfere and intends 10
leave the law to its own course.
REAL IN PRISON.
Since his incarceration Reals quiet unObtrusive man
ner has gained him many friends and imbued all who
came in contact with him with strong sympathy for
him. Naturally Of sanguine temperament, he has hug
ged to himself the hope that the efforts his life
would be without avail STILL when he found that his
last chance gone he bore up with admirable foTti
tude. and giving up all hope far man situated
he is give up, devoted his time to preparation for
another hfo To which another day will cOns n him. He
has been particularly attentive 20 the instructions and
advice of his spiritual cOunseOrs and expresses himself
resigned to the death to which he is doomed.
In a conversation with Father Macready yesterday,
gentleman informed TRIBUNE reporter that he be-
lryed Real 10 truly rcpentant and thoroughly Chris
that his time lately has been spent in refec
ZION and DEVOTION not loud and obrusive, but quiet
REALS ATTEMPT AT SUICIDE.
John Real said 10 have stated Tuesday last that
imedatey after the murder and soon as he became
nscious Of what he had done, he turned his pistol
his own heart and pulled the trigger with the in
nton Of ending his life, but the weapon did not
ode; and he says now that he is grateful that Provi-
intcrered between him and the commission Of an
her crime
Dr. Seus the attending physician at the TOmbs, says
at Reals health was never better than at present
ns may beattrbuted 10 the he has received and
Hr s@nnehi He has been IN close ecnn9elnSht Dut
Ie OF the time, and has been allowed the freedom OF
tht cJirldOr IN which his cell II situated.
REAL YESTERDAY
Around the Frankn-st entrance, yesterday morning,
there was collected quite a group of men, women, and
children, stirring into the WardcDs room probaby with