The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-04-27
Both Sides Of the Affair.
The Officer JuStiiieS Himself as
Acting in Self-Defense-HiS
Statement of the
Encounter.
Versions of the Deadly Affair
as Given by Eye
Witnesses.

The misery wrought by the demon alcohol Is
every day increasing, and scarce an hour of the
short space of time allotted to man passes, but
some deed of degradation is committed. This
morning we are called upon to record the sud-
den "taking off" of two human beings, two un-
prepared souls who had as vet but barely en-
tered into the battle Of life, and all through that
bane of thousands-liquor.
At No 1881 North Second street resides a
family by the name of Walsh One of their
number q son named James, aged about
twenty-three years. and plasterer by trade,
after returning from his daily labor yesterday,
spent some time in cu.tivating miniature gar
den which he had formed in the small enclo-
sure called yard in the rear of his parents
house. He continued working therein until it
became almost dark, when he entered the
house. changed his clothing, and started out to
obtain some little recreation.
About the time that he left home (715 o'clock
a young man named Murtagh, aged twenty-five
years, whose parents reside at No. 2006 North
Fifth street. returned from Germantown where
he had spent the day in doing some laboring
work. The young man Murtagh, at the age of
sixteen, enlisted in the 173d New York Regi-
ment under the alias of John Morrissey he
desiring to enter the army, and using an alias
to prevent his removal therefrom by his father
who was opposed to his enlisting. He served
honoraby through the war, and after being dis
charged returned home. His parents state that
he had not done much work since his return
but had just received employment in German
town, and he and they were mutually joyous
over the fact.
After disposing of the meal prepared for him
by his mother he cleansed himself, and sailed
out for some enjoyment
Where he went, or where he spent the even
ing, is not now known; but be that as it may, the
fact is patent that he met with Walsh, and both
succeeded as all parties admit in becoming
thoroughly intoxicated. Some time after mid
night they brought up in the neighborhood of
Third and Montgomery avenue, and by their
noite and carousings annoyed the whole neigh
borhood.
The locality is none of the best. 1t is the
boundary between the Seventeenth and Nine
teenth wards, and is infested by gang of
young men who are as desperate as they are
devilish in their characters. Third street, at
this point is occupied by number of Irish
families of the lower class, who in their igno-
ronce screen instead of expose the misdoings of
the youths that there congregate.
They think that because they are all Demo-
Gratis that therefore Democratic policemen
should not interfere with them, and, as conse-
quence, whenever the officers attempt to arrest
any offender they meet with opposition, and
ofttimes encounter danger.
This ''beat," too, is what is termed double
beat, extending from Oxford to Beach street,
and from Second to Sixth street. For some
time past it has been in charge of Officers
Patrick Levy and Charles Max, Of the Eleventh
district force both of whom are said to be exem-
plary men. Last night Max was left in sole
charge of the "beat, on account of the death of
Levy's father in New York, and whittier Levy
had gone.
About quarter of / o'clock this morning Max
heard q terrible rumpus whilst stand
ing at the corner of Montgomery ave-
nue. and Third street, and supposing
it to come from Germantown road, he at once
ran in that direction. He soon found, however,
that he was leaving the sound, and he returned,
intending to cross over to American street. On
passing Third street he looked down and saw
two parties apparently squabbling. He ap-
preached them and in attempting to arrest one
of them, a scuffle ensued which resulted in his
drawing his revolver and shooting both. He did
not at the time know either of them, but they
soon proved to be the two young men mentioned
in our opening. After the shooting they were
removed into the house of Edward McDermott
on whose pavement the affray occurred Muir
tagh died Instantly, but Walsh fingered about
an hour. The pareats of the deceased being
notified, the bodies were removed to their re-
spective residences.
The following is
Policeman Charles AIax's Statement
On receiving the news of the tragedy, Chiei
MulhOlland, who was at the Central Station
directed Lieutenant Pritchard to report imme.
diately in person. After consultation, Detective
Gordon was sent to work up the case and he
repaired to the Eleventh District Station, where
ne took a statement from Policeman Max
which was substantially az follows
He was patrolling his beat alone, end at quarter
before l O'Clock he reached Third and Oxford
streets; he there heard great noise as o.
people hghting; he ran towards Germantown ROAD
bat the farther he went the farther the noise seemed
to be; he then retraced his steps, and on again
reaching Third street saw two men just below
Columbia avenue facing each other; one OF then
seemed to have revolver In his hand pointing 1t al
the other; at this time woman from overhead ex
claimed, otis about time you got here to stop this
business;" he replied, 'You can't expect me to be
here and in all parts of my beat at the
same time," and approached the two men
whom he ordered away, telling them that this noise
must be stopped; they still remained and said some
thing to him he again ordered them away, and ne
complying, seized one and told MIN to come will
him; the other then approached toward him anC
told not TO nterfere still pressing forward MAJ
let go his hold on the other oAe and seized him
then his first prisoner showed disposition to inter
wouldn't interfere but on arriving up Third stree
near Montgomery approached Max and strucl
him in the face and then seized Max by the shir
collar which lie twisted; Max was compelled TO re
lease his hold OF his prisoner, who immediatell
seized Max by the legs and he was thrown TO thi
pavement; while lying there struggling With th'
men Max was kicked several times about the body
he finally released himself, and on regaininR hi
feet seized of them by the coat and was agail
rushed upon, when he notified the other that 1
he came towards him, when he drew his Ievove
and fired two shots; both OF them fell to tn
pavement; Max then ran 10 Fourth aAd Berk
Streets where seeing strange police
he called TO him to come down the street, as n
had been compelled 10 shoot two men; Max and hi
brother policeman down TO the scene and foam
the two men gone; he required OF several pe0pl
who had their heads out OF windows which diret
tion the two men had gone, and received as an al
swer, "One OF them is herey he applied Tor adlni
sion ana was refused; he then directed the police
man TO remain there while he could obtain the asst
tance OF other policemen; on reaching Berks stree
he came across Policeman Bird, whose beat az
joined that OF Max; they returned TO the localil