The New York herald., 1870-06-08
THE FOURTH WARD TRAGEDY.
Continuation Of the Inquest-some Very Sue
cinct Details-Are They Not Too succincts--
Arrest Of John Mccarty and Mike VAR
ley-A Know Nothing Witness
Mark Lanigan's Escapade.

>~SS~S"NS'
The Fourth ward tragedy, in which oflicer william
Burke shot Patrick Herman late OF 387 Pearl street.
as he alleges In selfdefence, was under nvestiga-
tion before Coroner Rollins at his ONCE in the CITY
Hall yesterday afternoon AS on the former occasion,
the court room was crowded to excess with some Of
the rugged representatives OF the Fourth ward con-
spicuous among whom were Mark Lanigan, Of
political prominence, "Reddy the Blacksmith" so
well known In criminal circles; Mike Healy. Louis
Lang Harry Gaet0n, Walter Dean and many other
equally choice spirits.
ROUNDsMAN BURKE
was assisted TO the court room, and seemed to be
suffering severely from the violence he had received
at the hands OF his assaants Judging from appear.
ances 1t will be some weeks before he win be able to
report for duty. The only witnesses examined were
John McCarty and Mike varley, who were with de-
ceased at the time Of the tragedy, except q know
nothing who evidently was afraid 10 tell what he
knew concerning the fatal ARRAY. Nike varley, who
Is nearly as notorious as his brother, "Reddy, the
Blacksmith sought place the entire responsibility
upon the officer, and his evidence doubtless VIII be
received with several grains of allowance. McCary
testified in a similar strain. Below will be found
the most important portions OF their testimony
TESTIMONY OF JOHN M'CARTY.
John McCarty an express driver, living at No. 26
Batavia street, called to the stand, and testified
that on the night OF the 80 inst he going down
James street, when he met Michael Varley and de.
ceased and proceeded the residence Of the latter
367 Pearl street, where they stopped and entered
into conversation and laughed loudly; officer Burke
came up and ordered them away, when deceased re-
piled that he lived there and believed he had right
to stand in his door till twelve O'Clock; Burke
then said, "You fellows get away as soon as you
III.
deceased seized hold Of his club just as blow was
aimed at him with 1t; deceased and tho officer then
clinched and after
SHORT ST RUaGLE
both went down on their knees. and then clear down
on the sidewalk; they were struggling for possess
sion the club; the witness and Varey endcavored
to separate them, and while thus engaged the olcer
raped three times with his clubs when struggling
for possession Of the club the oficer let go with one
hand and with the other reached for his pistol; wit
ness on seeing the weapon, said 'LOOk out Pat
there il pistoi;' the witness took the club from
deceased and put it inside the door; at this time the
witness saw the Hash of the pistol the first shot,
witness thought, took eject in deceaseds head IN
few moments the second shot was fired; did not sec
e the witness and Vaey ram up a
after the shooting occurred and, calling deceaseds
mother, told her TO come down stairs quickly; 90
not know who locked the front door, never saw the
Oficer before that night nor heard OF him; varley
told The officer 10 arrest US If lie wanted TO- but not
WHAT 'REDDY'sr BROTHER SAW.
Michael varley, Of IL James street. deposed that
on THURSDAY @ nSh It M lat ures as' %
and John McCartY, and while c0nversing In the 0Oor
way about a picnic officer Burke came up and
ordered them away. at the same time asking them
what time it was; the witness replied that 1t was
more than halfpast eleven O'Clock, when the oficer
repeated his request for them to leave; the officer
then stepped back and securing his club his wrist
raised 1t as II TO strike; the ofcer then sounded the
"alarm rap;, then he approached deceased and
do sgpac nj 1uh
his arm and at the same time seized the club; the
officer jerked back, pulling deceased with him and
got hold Of the club; the, officer held
the club with one hand and with the other unbut-
toned his coat pulled out MS Pistol ana hoe s
ceased and the officer being down on the sidewalk
deceased exclaimed. "What 40 you want TO shoot
us for?r the witness walked up and
TOOK HOLD OF THE PISTOL;
deceased had hold OF 1t at the same time; witness
said, ave have done nothing wrong Il 80 arrest
usn deceased then got up and the officer raised on
his sae and @ to Ron. the ps19 ,b
down; the witness again said,
.'DOST SHOOT U.s."
witness then rushed towards deceased VINO was
standing In the doorway, crying out sect In Pat ne
Is going TO shoot; as deceased was going in the
door saw the policeman get up. walk three steps
heard another pistol report; the witness cried
out, "im shot; felt deceased tremble and his head
hurts' to which deceased moaned in reply; witness
looked around and saw the policeman with MS arm
stretched again; the witness then rushed In the
hallway and slammed the door after him. went up to
Mrs. Hernan's room and she asked where her son
was; told her he was down on the sidewalk, not
wishing to tell her he was shot; witness told Mrs.
Herman that he gong down to the staSion house
to give himself up, and IN the lower hallway met an
0flcer who would not let hun pass; then saw 0mcef
| Burke going up stairs, having
BLOOD ON HIS FOREHEAD;
he looked at the witness and said, YOu are stran
| ger here'' the officer was partially down when he
fired the first shot, but standing at the time the
| second shot was discharged.
KNOW NOTHING.
Thomas Smith, living in Brooklyn, had made q
| declaration to Captain Alaife, OF the Fourth
precinct, to the effect that on the night of the hom
cde in the doorway of 367 Pearl street. he saw three
pulling down and assaultlng and officer having
| him down on the sidewalk, but when called TO the
| witness stand, either through fear or from some
| other motive, he denied knowing anything concern
| ing the matter, aside from the fact thai
he heard pistol shot ,dad some m dlstanct
| the jurors Smith con essed that he saw a LITTLE
something In The vicinity OF NO 1867 Pearl street. II
! drunk that night, although he said notaDg about
being In that condition when conlessing In the Oai
new al pIiie abon IT. that m ali three Of them oua6 e
have been shot, they deserved 1t for their treat
ment towards the oficer.. 1t is quite likely Smltl
truth IN this matter, for after getting outside th
court room he laughed heartily at his lucky escape
| The investigation at this point was adjourned vi
| half-past one O'Clock on Thursday afternoon.
| A CHANGE OF VENUE
| Subsequently the Tombs Police Court wa
| crowded to excess, mainly by the Fourth and SIKH
! ward rOughs, among whom was "Reddy the Black
| smith, This distinguished crowd OF representa-
tyes of the dangerous classes were attracted 10 tht
court 10 hear the decision to the disposal OF Johl
| McCarty and Michael Varley, who were con
| cerned in the shooting afray. Varley ant
| McCarty had given evidence before the Cor0
| ner and were discharged by that Official as wit
nesses, when they were taken into custody by Cap
| tan Alaire and taken before Justice Bowling.
Captain Alaire stated that officer Burke was stil
in custody, and he wished the Judge to detain Varle
| and McCarty until Burke could give evidence wncl
bo kof aypdw
concerned in the assault upon the officer.
| Superintendent Jourdan, with his usual vigilance
was present, to watch the case on behalf OF til
| police, and also Captain Kelso.
| Justice Bowling said he would dctain the prison
ers until Burke could give evidence, and, in orde
that they might not be detained any longer than wa
necessary. he would FIX the hearing OF the case q
nine O'Clock this "wednesday morning, when Cal
tain Allaire was requested to have Burke present
The crowd Of desperadOes then left the court G
nasse, and the ordinary routine business OF III
court was proceeded with.