The New York herald., 1870-06-10
TIE FOURTH WARD TRAGEDY.
Conclusion Of the Inquest-A Verdict Of Justifs-
bic Homicide Burke Discharged.

The Fourth ward tragedy, resulting in the death
OF fa'r ck Herman. or No. 367 Pearl street o; the
hands OF ofcer william Burke OF the Fourth pre-
eihct which has been under investigation nefore
Coroner Rollins for several days past, concluded
yesterday at the City Hall Az ON former occasions
me court room was crowded with persons, mostly
fom Tue Fourth ward, who seemed to feel deep
interest IN Inc result Of the investigation. Below
VIII be found the statement OF roundsman Burke
ana synopsis OF the testimony OF the other wit
nesses:--
TESTIMONY or OFFICER BURKE
william Burke was called ana deposen maj on
the night OF the "a instant he went ON duty a, six
O'Clock, and at eleven O'Clock commenced irving
the doors on his post, which duty he finished az
seventeen minutes to twelve O'Clock; he was walk
ing down Pearl street, on the west side with the
club under his left arm and his hands behind nis
back when opposite 367 Pearl street met
three men who were making no disturbance;
one OF the men, who proved to be Herman said,
There goes the son OF b--h who sent MaDgin np.'
Varley replied. Lets send him down take MIN
down." Herman then advanced and TOOK TIE cluo
from under the onlcer's arm, when varey and
McCarty caught him by the back OF the neck
aud pulled MIN backwards 10 the Sidewalk. ana
all three OF them commenced Kicking and beating
club 20 rap or deend himself wth and
fearing they intended to Kill him, he drew cut his
pistol, the barrel OF which varay and McCarty in
stantly grasped aud struggled with ali their might
TO obtain possessionlo IL McCary let go OF the pistol
and gave the odicer blow his right arm. nearly
disabling NJ Narey nc the same time attempted TO
pistol would point towards his urke'si breast; the
onlcer hnally succeeded In cooking the pistol ana
they Sa 's eo ove swdH Nv the noa oae Sl he
turned on hn left side aud fired again; Yarey at his
time was stanaing near the officers head having let
go OF the pisol; the ofcer down when both shots
were fred and he Aired random ;the three men then
Is el np lfflP Ppr hon nj INIT
| hs pistol away, and walked In front OF the door;
| there was then man standing or leaning
against the railing he exclaimed, "Oh, I'm shot,o
or i'm dead he made this remark while sinking
down; the officer thinking he had shot the man cred
watch" once. and stamped HIS feet the pave
ment to attract attention; officer Ryan, roundsman
| Croker and others then came up and told
and asked that they hurry up before they should
escape through rear window; an unsuccessu! cDort
was then enecied through second story window;
during mis- time deceased was lying breath
aMd Ne aUo AND assy ,.s ss
| men who had assaulted me; then went 10
| the station house: never saw the men before; !
arrested Mangin and another man last Sunday morn
ing week for dlsordcrly conduct ana assault; they
pleaded guilty and Judge Downing sent them up for
four months: those men were strangers 10 the wit
ness In answer To Il question propounded by "A
Juror the witness said lie thought the wound on his
forehead was caused by Kick or by blow from his
club.
TESTIMONY OF OFFICER IRWIN.
deposed that on Thursday night OF ast week, while
on duty, he heard two pistol shots and ran In she
direction OF tho aound; at 1871 Pearl street saw de-
ceased lying on tue sidewalk; after entering the
house the witness saw varlcy, VINO said ''rnis is a
bad business; the ofiicer has shot that young man
down stairs and shot hlmself' when the witness
came up Burke was bleeding nom wound IN bis
forehead, without club or hat
TESTIMONY or OFFICER Ryan
Martin Ryan, an officer OF the Fourth precinct tes-
titled 10 hearing the pistol shots, and ran up TO so7
Pearl street but before reaching there met Young
man who told him they were numbering ar o:ilcer
down there, or there was light; Burke was
% very w' weak @ wtnoas aa cap pnas or eSb
Burke said he had been assaulted. and
e s o OF s haa Z 1 % e
with his feet IN the door and his head towards the
sidewalk; the door was fastened from tue inside and
a man was cursing the barkeeper for not knowing
enough to pull up The Jolts.
MEDICAL TESTIMONY.
Dr. John Beach testified to making postfnortcm
examination the facts OF which have already ap-
After brief charge from Coroner Rollins the case
was submitted 10 the jury, who rendered the follow
! ing
| VERDICT
THAT Patrick Herman came 10 his death by a pis-
tol shot wound al the hands OF officer william Burke
OF the Fourth precinct, in front Of premises so7
and we believe from tho evidence before us that the
nnaGmg & va uonc IN 10 resist an Attack
chael Nariey and John McCarfy.r
the verdict being returned Mr. William F. Howe.
counsel Tor oflcer Burke, made motion before the
Coroner that his client be discharged, which was
promptly granted. and Burke left the court Ia
pany with his official associates In the Police De-
partment.
REQUEST BY COUNSEL.
Mr.. Charles s. Spencer, who appeared for the
relatives OF deceased submitted to Coroner Rollins
letter, oil which the following is COPY
CoRoHRR RoLLINs-At the reqnest Of the relatives and
many friends Of Herman have come hero to-day only
70 as that sua ' s s yS GsS 60 sss s
Burke In occasonng they have nothing do II they
find that Herman his death a
discharged from pistol by Burke then IS for tho Dsric,
Attorney and the Grand Jury decide the
OF Burke and which OF the two shos NECESSARILY
charged. Respectfully, CHARLES 8. SPENCER
II may not he improper to state that IN his charge
to the jury Coroner Rollins left The matter OF ustii.
cation Of the officer entirely at the discretion OF those
gentlemen and they exercised 1t as In their judg-
merit they tnought best