New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-06-08
THE FOURTH WARD HOMICIDE.

TESTIMONY OF MCARTY AND YARLEY-THElR
SUBSEQUENT ARREST AND COMMIrTA-MARk
LANIGAN ALSO ARRESTED.
The examination room III the CITY Hall was
crowded yesterday with persons interested in the lnves
CATION Of circumstances connected with the shooting
Of Patrick Herman Thursday last by Patroiman VIM
Burke of the Fourth Precinct But two witnesses were
exarned-McCarty and Marley, who were with Herman
when ne was shot. The following is their testimony
John McCarty testified that ne express driver,
and lived at No 70 Batayas on o g dcce o o and
Michael Marley and together they proceeded 10 te
and laughed loudly Officer Burke came up and ordered
| them away, when deceased replied thas ne
| lived there, and believed that he had perfect
| right 10 stand in his own door until II o'clock;
Burke then said "you fellows get awsy soon as you
a the deceased the latter seized his club deceased and
the officer then cinched and after short struggle both
| on the pavement; while Burke and the de
ceased were struggling for possession 81 the cn &
at d VIII one hand still retaining hold with the other
and GS reached for his pistol on seeing the pistol witness
said out, Pat there is pistol witness took the
time the witness saw the Hash of the pistol think the
minutes afterward the second shot was fired; did
not see deceased fan; saw no one su nid
Varley ran up stairs after the shooting, and calling de-
ceased's mother told her TO come down quick cannot
that night varoy Burke oIIose al Of "a, IL he
"MielacI v"rey of No II Jamcsst cooborated the ties
timony McCy relative to meeting the deceased and
accompanying him 10 his residence, and the officer
ing up and ordering them away; after sounding the
rap, the officer approached the deceased ana inade
blow at him with his club deceased caught the blow
on his and seized the club the officer Jcrkcd back
and pulled deceased with him, both going down de
ceased and McCary then got hold OF the cub the Ocer
held on with hand aud with the other unbuttoned ms
coat and pulled out his pistol when the pistol was hfed
deceased and the officer were down. deceased sld:
What do you want to shoot ond sod tSv he'd
done nothing wfong If they had then arrest thein ue
ceased got up, and the officer raised on his side and en-
deavorcd point the pistol toward Witness breast but
he pushed the pistol down and again said, Don't shoot
us:s witness then rushed toward deceased, who was
standing in the doorway, and said, Get in Pa-he is
going t shoot as deceased going in the door, he
saw Burke raise himself up and advance three steps
a shot; the ban grazed the hand of witness, and
be cried out al am shot" feeling deceased treInble
and his head sinking witnesss shoulder, the latter
said "Pat are YOU hurt - deceased only mOaned; wit
ness looked around aud saw Burke with ms arm OUT
stretched though about 10 fire again, ana rushed mo
the house and slammed the door behind NM ne went
up to Mrs Hernans ro0m and she ASKED wn1Ie AIR son son
want to tell her he shot said To- MIS- Herman ne was
going down to the station-House to give himself up III
The lower hallway met officer who would not let him
pass; saw officer Burke there with blood on MS lace
officer was down when he fired the first shot, but was
standing when he fired the second. -
The witness was questioned Gy the jurors ana gave
Thomas Smith, living in Brooklyn, who mad tod nap
Allare that he three pull down and assault an
officer OF No. 367 Pearst on the nj ght In ques
called on the witness stand either from fear or some
other cause refused TO testify TO anything ana declared
knew nothing about tHt aHldy, except lhc
pistol shots and that he drunk when making his first
statements.
Coroner Rollins here announced that he would close
the investigation until Thursday, at II p Burke was
again consigned the custody OF Capt. AllalIe Inc
witnesses, Marley and McCarty, were arrested by Capt
Allare and taken before Justice bowling at the I0mbs
where Capt Aaire made charge against them OF hay
ing assaulted Officer Burke with intent To kill him. lie
stated that the officer, who very weak from the III
iuries he had received would appear to-day and make
complaint against them The magistrate accordingly
committed the accused.
shortly before the investigation was adjourned, two
hariH7 off
Langan, Of the spectators in the room, politician
of some note the Fourth Ward and the keeper OF
li0uor store at No. CT Jamesst. He an intimate
friend Herman, and yesterday published card in the
morning papers, characterizng the killing Of the latter
as an act Of premedtaed murder, and asking for
pension public opinion in the until the judicial
proceedings had developed all the facts. The warrant
ON which he arrested was issued by Judge Barnard
and the crime with which he Is charged Is seduction the
complainant being one Catharine COnnOrs Of No. 10
Cherry st. who lays her damages at $4,000.