The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-06-08

A Bitter Fiqht Foresha dowed-A Witness
. Overuwcd-Arrcst Of Mark Lanignn Dis
charge and Rearred Of Mccarthy and
Nnrleyby Order Of superintendent Jour
dan.
Coroner Rollins continued his inquest yester-
day in the case OF Patrick Herman who was shot on
tie Oh inst by Officer VIM. Burke during a seunle
with him and other assailan,s 10 Pearl street The
usual asscmblage OF roughs appeared in the room
and viewed the proceedings with no litle interest.
John Mccarthy, OF ) Batavia street, WHO was with
Herman when he was shot. testified that he and
Michael Marley had accompanied Herman to his
residence after prssng pleasant evening together.
As they stood at the door, Oficer Burke came up
ana asked mo tune ana a te Porm ssa ny or ssn
quiet. Herman told Burke thst be lived there, and
that he would not 90 away The others used similar
language. Burke then seized his club and gave an
alarm RAP, and at the same time made an assault
upon Herman, who resisted and cinched with
Burke. Both men struggled and fell, tie witness
volver and fired twice, the nrst time while strug-
Cling with Herman, who had possession OF the club
At the moment the first sIot was fred, Mccarthy
took the club from Herman and hid II beuind the
door, though lie did not sufficiently explain his mo
tive The second shot fired BY Burke as be
stood few feet from the crowd.
Michael Vsrlcy was also examined, and In great
measure corrobontcd tie evidence OF the ctler
witness, TO whose statement he had been an atten-
tive listener The jury by cross questions elected
Tie additional facts tint tile alarm rap was given
before any struggle took place, aud that arey anu
Mccarthy hid themselves In Mrs. Hernan's resi-
dence. not that they had done anything wrong in
their own estimation, but because they supposed
that the police would arrest them for assaulting
Burke though they denied having struck him at all.
This discrepancy WIS poiatot out 10 Marley, but no
failed to explain. lie asO stated that he told the
oficer not 10 shoot hut arrest them and whom he
was asked what he supposed Burke could have ar
rested them for, he said he dill not know.
After failing TO induce one Thomas Smith, who
had seen The struggle irou Ihe opposite side OF the
street, TO tell the jury whai he saw. the Coroner
decided to close tue days Proceedings, rs smith
was evidently overawed in some way. The inquest
WIS then adjourned until 4 Irsdsy.
During the exaT inati6u NJ Lanigan, friend 70
the man who is dead, arrested for seduction on
civil order Of arrest issued b. Judge Barnard,
suit for $4,000 damages.
Coroner Rollins having discharged Vnrley and
Mccarthy from his custody, Capt. Alaire arrested
item, and at once arragnod the men before Justice
Bowling al the TJmbs, Superintendent JOurdah be
ing present 70 watch tho proceedings. Cart. AlarC
explained the case and stated that he had arrested
the accused for felonious assault upon Ohcoi
Burke, with. intent 10 kill Tho complainant wa,
under arrest 10 tho Coroner, but could Appear IL
court at any timo which might be necessary Ate
consultation with the Police Sopernto end ent, Judge
bowling decided 20 hold the prisoners on tempo
rary commitment Tor examination to-day.