The New York herald., 1870-12-10

| about lending two dollars; ne cnucked me cown
| two dollar bill; we had no change in the drawer
] ana went out to get small change; when came
back found O'Day on the moor bleeding; he was
not quite dead; Mackey. DrsuJ and Jerry
wanted him TO speak; was gone nye minutes
! getting the bin changed; l went out to
| call the landlord and saw officer Daley; he
| came down with me, apd stayed there until Cap
tain ODonnell came; he sent for stretcher, and
went to the station housand told the names Of the
parties; left Cooney. O'Day and the rest Of the
party In the saloon when went to cnange the bin;
prisoner and the deceased were standing near the
end OF the bar about two feet apart all Of the party
drank only Kelly; when was csming back with
the change saw Cooney gong out Of the back door;
s nor da see any Kns abcu no e spoon %
deceased was lying under the screen with his head
towards the back OF the door; he lived about i've
minutes; saw blood around him; did not see
ODay examined and saw no wound.
Crosse xamined by Mr.. Howell said before the
Cooney then said. III you want to light will go In
the back room with your
Charles O'Connor tcsuned that be was In the
saloon on the morning In question: he asked Cooney
Il ne was gong 70 quarrel ana ne said no; Witness
hands with O'Day, and he said he would; witness
asked O'Day II he would shake hands with Cooney
and stop argung ODay said he would not do IL;
he did not wish to recognize him or have any words
with MIN; the barKeeper went out 10 change the
bill; Cooney and O'Day used angry words to cacn
other, which ne did not remember, and the next
thing the witness saw was O cilnch and 0'Day's
hand up win tumbler In It, and IN the scuffe ne
lO'Dayi fell against the screen; he laid there Tor
some time; took llola or him TO raise him, seeing
that he did not ges up; there was blood pouring
forra out OF bis mouth; Thought at the
three or four feet from Cooney and Day
xnen they were scnfrliDg; the next ! saw OF
called Cooney a eafer before they clinched; there
was seme dispute about money, Cooney admitting
that ne owed n,m @ some amount ana & would pay nm
him, but not on The aoor; saw no weapon In the
prisoners hands; the scuflie lasted few seconds.
Cooney In Parcells liquor store before we entered
the lager beer saloon OF McDermott about the loan
OF half dollar O'Day then offered TO iight Cooney
any other man in the house, except Mackey; Pur-
cell told the party to leave tho place as ne DID not
Tans 70 gs there and we da 80 a gong e
ODay call for drinks, but saw hun place two
dollar blll on the counter and drinks were given;
! saw MIN raise the tumbler and catch him by the
coat collar, near the throat; O'Day was much
larger man that Gooney; did net hear or see any
Q. Did ODay pm Cooney on the grounds A. Yes,
Sir; II appeared so; had knowa Cooney two or
three years, but had never seen ODay before that
morning.
There was quite q laugh in court when Mr. Eel
IN size between O'Day ana C0oney as there was
between Mr. Howe and Mr. Humnell.
whole party drank at McDermott's; alter drinking
the witness sat down at table with Martin
Mackey, and while talking he heard the expression
saw 0Day had glass raised and was holding
Cooney by the coat collar; witness got up from his
O'Day had been on the moor together; 0'Day lay
near swinging SCREEN and upon gong near MN
ness suggested thai doctor should be sent lor he
went cut for one, and on his way back the captain
ef police SAID be wanted him; Porter saw Cooney on
the street when he was going for doctor.
William O'Day brother OF the deceased, stated
that he saw HIM on Saturday night April %, about
six seven O'Clock; he dressed In light clothes,
which were not torn, and he did not appear 10 have
any bruises; witness saw him dead afferward At
McDermott's, in King street; there great pool
OF blood by his mouth, and his lower teeth were
Knocked from nus gums.
Thomas 0'Day, another brother, gave similar tes-
nmony; he saw his brother well al midnight on Sat-
urday.
DR.. Shine testified that he made post-mortem
examination OF the body OF David ODay on the 24th
OF April at the Twentyeghth precinct station house,
he found one wound upon the body one inch and q
quarter In engt on the left sde between the eighth
and ninth ribs about six inches from the spine. Ii
must have been inflicted with sharp instrument,
for It entered the aorta near the heart which caused
almost instantaneous death. The doctor did not
notice that the teeth were knocked out.
Mr.. Fel,ws rested the case Tor the people, reserv-
ing the right 10 cali other witnesses he felt dis
THE CASE FOR THE DEFENCE.
Mr.. William f. Howe made briet opening ad-
drcss s., stating that ne would satisfy the jury.
Captain Mcdonnell was called and testified that he
visited the premises Of McDermott on the Sunday
deceased, and had 1t removed to the station house;
he did not see the teeth Knocked out; the Captain
IOunQ the broken UumDier (tne tuHlDer was SHOWN
to the witness, outside the bar and small pieces OF
1t around the counter and the shelves, and he also
found another tumbler covered with blood
close 10 the body or the deceased. Some
time after the occurrence the prisoner vDlun-
tarily gave himself up TO the late superintendent
Jourdan. ana was then committed by Judge
Bedford. the coroners jury investigated the mat
ter and C0cney was h0noraby acquitted on the
ground 81 self-defence The Captain tesEihed That
he knew the reputation OF the deceased, bat when
asked what 1t was Mr.. Fellows objected TO the gues
tion as Illegal. Judge Bedford decided that it was
proper question: provided the defence laid the pro-
per foundation for 1t by showing that the prisoner
knew the character Of the deceased.
Mr.. Howe said he would show that at the proper
tlme and would withdraw the question Tor the pre-.
sent.
The Captain said he had been looking for Cooney
three days before he gave himself up.
Martin Mackey then gave his account OF the
vita owing him half a dollar. lie replied, II will
pay you as soon as get It." O'Day said, "You are
dirty loaler; you are no good for me- can lick
you.n Cooney said, II know you can.n O'Day SAID,
| 81 can lick you or any man in the house except
| MaCkey' he wttnessL ODay threw his coat Oh,
but the witness talked 10 him and told him not TO
| quarrel. They then went to McDermott's. The wit
| ness was sitting at table, when he heard O'Day
saying TO CoOney, You are dirty loaier and can
lick ycu" holding him by the throat with tumber
in his hand. The witness saw him throw the tnmber
and heard it break, but did not see what the tumber
| hit; the witness jumped up went towards Cooney,
and before he got to them U'Day and the prisoner
staggered up against the screen; they both fell,
| Cooney under, and when the witness reached the
/ from his mouth; O'Day could not speak; witness
! then turned round and saw that Cooney had Cone G
out. The witness said he gave himself up, and
admitted to Mr.. Fellows that ne and his party were
out all saturday night visiting drinking places.
AT this juncture, the hour being late, Judge Bed.
| ford adjourned till Monday when the case win be
concluded.
4 .v