New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-24
THE FOURTH WARD HOMICIDE.
TRIAL OF MICHAEL YARLEY AND JOHN VICAR
THY FOR ASSAULT on OFFICER BURKE.

TRIAL OF MICHAEL VARLEY AND JOHN MtAR-
THY FOR Assault on OFFICER BURKE
In the Court of General Sessions yesterday.
The case OF Michael Marley and John Mccarthy for ieO-
NOUS assault upon Oficer Burke was tie first called.
large crowd was in attendance during the Trial. The
Recorder ruled that charge of assault and battery only
could he sustained the indictment emitting to mention
the dangerous weapon said TO have been used The prS
ouers wishing separate trials Varlcy brought to the
bar His counsel occupied neaIlyan hour in challenging
jurors. and when their number complete Mr. Eel
lows opened and remarked that the case had bis upi-
ion other peculiar feature Than that one OF the men,
Patrick Herman, engaged n the quarrel the evening
tribunal aud that the vdeucr elected during the trial
OF this simple assault and battery case might possibly
lead 70 another ulai tai ol CAccr burke Tor homicide.
Officer Burke then called the stand, and said {:
on tine "a of June ] duty patrolman. in the
Fourth Precinct on the neat nom Madison 10 Frankfort
in IearSt. al ll:fj Na'ley aud two stand in
'front.' o. NO. SO ItaI-Sti ud Aot Know men, ~ Heafd
ur:" VaIley then answered "L't take AiI DOWN"
wac a>sa!icd from behind ana dragged INTO me c0orWoy
NaIley kicked me ih the sue ana TOOK my ciuf was
lying down and succeeded N getting my pistol rom my
pocket both NaIlcy and Mct arthy grabbed the pistol
and tired 10 POM me barrel 10 my breast managed 10
turn IL away and fired two shots no random then got
mp and called watch vas N ing on my side when fred
was not standing up. and took aim.
Officer Ryan testified: was on the adjacent beat on
the nSht OF June . heard two shots, ANA told that
an 0iicer was murdered; and Officer Burke
standing on the sidewalk, bleeding; heard that Marley
aud Me- aIhy had into No 3G; tried - force the
door 'ul dd not sue eed ana got in by the window.
OIflccr irvine testified substantially iLc same and
tffus IItstct N"4ltS tllu -dW Herman the
Martin H. Carney, who lives in No ae7, found an Off
GERS club 1terwird idut fed Burkcs lying behind
tie door oil the house where the prisoners had locked
ned Burke, and saw him bleeding from wound over
The left eye This closed the examination Tor the prose
Counsel offered 10 call John Mccarthy as witness, for
The defense, but Mr. Fellows opposed Mccarthy being
Nuey then called to testify in his own behalf and
said: On the Night OF June 3 Herman, Mccarthy and
myself standing before Hernan's door when officer
Burke came up and ordered US away Herman refused,
strike; Herman grabbed the club and both he aud the
officer fell down; the officer then pulled ont revolver
ana fred shot when got hold of the barrel and tried
prevent him shooting a-a.I Herman the door;
todd the officer 20 shoot AGAIN. and made for the
,.aor myself; aud WHEN reaching il another ,hot was
tired. grazing my thumb and killing Herman; lumpod
sfrs Herman test lied tnsf sLc NV Mccarthy and Var
ley her ROOM and tt going down she found her
son living dead on the sidewalk
Mr. j. " LedWi;n said th9t, passing in front Of the
sJtudI- DE stoOp heart tlr officer tell Tie party
away! dId aoi hear what said inst, thinks the
Chsri, Martin testified that he is a liquor dealer
passed the house the night n ques.i beard some
one say" Suppo.1ca mans business Keep. i'm out -;
heard a scJiic ana Two shots; called "p0ice" and
''Wach" several times could mon The persons does
not know yarey the officer standing in q threaten
Birs recalled said: Neither Marley any one else
said 81 live here
Dr. Waterman testified to the condition Of officer Burke
Counsel the defense said he was not ~ TO try the
case Tor ne WIS TOO deeply interested; tiat he would
give Sl,oJj In gold 10 Burke han led he Knew politics
ought not 10 come into Court hut he knew also that this
Trial had begun 70 do away with witnesses who might
crminate Burke IN case OF Indictment for murder:
and that IL the poor victim had been Democrat instead
OF Republican lettei-carTer, the assault and battery
would not have been prosecuted Then addressing
himself 90 the Prosecuting Attorney, he continued: You
may bleed the Taxpayers and rule the city, but, thank
God, You do not rule ana the Courts OF Justice.
higher tribunal than that where Judges chosen by
Tepeaters Will Judge the murderer" MTIeOWs. reply,
regretted, on account OF the juy, the and coarse
laheu.ge o. the cOhnse Ior ne d c, Dut thought That
to Burke hanged, he forgot ~ say that al In
dIctmCut against Burke for murder he IN. Spcucerl
W0nid much rather defend him for fee OF Si.lGJ
Tue Recorder u MS cna le sfnsurcd MI Spencer for
hI@ violent language.
Aitor deutcIatug neniy balf an hour. thc Jury re-