New-York tribune., 1870-08-25
THE DEAF MUTE HOMICIDE.

CONTRADICTORY EyIDENCE-vERDICT, JUsTIFI-
ABLE HoMICIDE-DAIKER DISCHARGED.
Coroner Schirmer and jury yesterday in
vestgated the circumstances connected with the death
OF Dennis OBrien, the deaf mute late of No 81 New
Bowery, who was stabbed in the breast and back,
Thursday night last in the saloon No 5s Orchardst by
the proprietor, Francis f. Daiker O'Bren in company
with Patrick Mcclure, also deaf mute entered tho
loon drunk, and becoming disordcrly, were elected
They returned soon acrward and when the proprietor
again attempted 10 eject them the mutes attacked and
struck him. Daer struck at McCiuire with ice pick
hitting him the forehead. lie then turned O'Bricn
and stabbed him in the breast and again in the back
The gathering in the Coroners room seemed 70 he about
equally divided in sympathy with Daikcr and OBren
the Germans sustaining the former and the Irish the
latter.
CURE of No. 20 Sprng-st., the companion of OBrien
His testimony was gwen by OF signs which were
written out by Thomas W. Roam, President of the Lit
erary Society of Deaf Mues in this city, and in daily
employment engraver. The evidence was made
that lie intoxicated when he entered the saloon aud
by the interpretations of the interpreter Ihe following
is the statement written out by ROau and his own add
tons: On the day in question witness was srong up
toward Twentyeghtlst. to see friend about MS own
situation, aud after he came down town he entered Mf
Klnc's lagCr-beer saloon in the Bowery; lie there
Unexpectedly met 0'Brien, and he introduced wit
them in smile only aiter parting win brien
! friend he and OI}Icn went up to Thrtlethst ana
Third-ave to pay brief visit to OBrens friends, and
they spent short time IN converslng; after TINS they
left them who had treated them "smiie" only then
they both slightly tight (as either small boy or
girl could stand they then went down talking WIN
each other, aud witness proposed TO go home, but
OBrien invited him to enjoy health with him by taking
glass Of lagcr-beer on they went to NO. 5o orcha9st
terrible Daker) O'Brien and witness seeing Daiker
standing behind the bar a nc wanted to catch flies in
WEBB OBren made signs himself get MS two glasses
! of beer" and pointed 10 the iager cash az
that moment Daikcr (angIily), as II ne o,n haiel
lnutes, refused To procure them some utcr; v bth
| again told Daikcr to get us some beer, as ne
had some money, enough Immediately Daik'r came and
pushed them our OF the salooi NJ that moment Dlkef
showed icepick and struck witness i'll the forehead
with the handle, causing blood To flow; O'Bricn then
struck Daiker in the face, and DIiker stabbed him IN
back il after the blows exchanged tnat Darker
stabbed O'Iren mutes do not carry deadly weapons;
Pat and OBrcn did not carry thcu5 witness alIntcd
that he and Brcn had been elected from several places
before they entered Daker and THAI they returned TO
claimed however, that they returned to nave an e&pa
nation with Ddiker, and not 10 renew the row.
! Whelmiua Rnner of No. IS HeSter-st, a saloon
keeper testified that OBTen and Mcclure came into
her saloon, acted in violent manner and insisted on
having lager given them This was refused because
/ they drunk, and they were elected
Eva Marks of No 81 Orchardst. saw the mutes enter
the saloon acting in disordery manner, and were
Gectcd; III Few minutes they returned ahd ftHeNel
the disturbances witness aid not zee any one stabbed,
/ but heard OF II soon afterUard.
Edward Burke of No. co Orchard ST. testified that he
the prisoner follow OBren, and engage in fight
with him. could not say positively who struck the hIst
blow the mutes came back attCrward, and the
did any weapon the prisoners hand; If lie mad
any he put IL in his pautaOOns pocket; when OBIen
fell witness raised him up and then found that he had
| been stabbed.
Joseph Cassidy, Edward Lise. and other witnesses
examined, hut their testimony merely cOroboracd Il
preceding witnesses All of the testimony went
to show that the mutes intoxicated and disorder
but whether their conduct sufficient 10 warrant
Daker in stabDing O'BIfen the witnesses seemed 10
/ diicr. . :.
death at the hands of the prisoner Francis r. Daiker
who evidently considered his Lille m danger al the tint
On the announcement Of this verdict the Coroner ds-
charged Daer The in the case will be sent to
| the Distrct-AttOrney.