The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-07
HOW A BULLY WAS KILLED.
The Montgomery Homicide-Egan Justified in
Shooting His Assailant--How the Dead
Man Doggel and Abused Him-The
Testimony and the Verdict
4 Lesson Tor "Loaters"

ROberT montgomery, the ''hard case' who was
shot badly on the morning Of the Attn inst by
pistol Ia the hands OF John Egan, upon whom he had
Just committed an aggra waited assault as heretofore
reported III the HERALD, died on Tuesday evening In
Bellevue Hospital. The was yesterday nvesti-
gated before Coroner Rollins, and the testimony
showed rat deceased had brought the trouble upon
himself that he had been in the habit at intervals
during the last three four months of knocking
don and Kicking Egin, who Is u boy only seven
teen years of age and physically unable to cope
win him. The following is copy OF the testimony
GEORGE REILLY.
OF s2i First avenue, deposed that the morning OF
the 4th inst. he was walking down First avenue
with deceased and at Tweniy-if.h street saw some
boys sitting an iron shaft; deceased threw a
brics over towards where they were sitting, and as
they did not move he went over TO them; deceased
caught Egdn by the neck, and hit him on the face;
the witness caught hold OF deceased, and said,
"DOnt hit him. he IS only boy;' Egan walked
away followed by deceased one Of the boys
SAID, If Bob hits Egan / will fix him -
the witness then called to deceased to come back
just at which time Egan turned around and fired: de-
ceased closed his arms over his breast and said he
was shot; deceased was partially intoxicated; de-
ceased made the first attack on the boys: they had
done nothing TO annoy him: deceased ana Egan had
difficulty before this and deceased had committed
an assault on Egan when Egan fired deceased
was about five yards behind him anu following him
up III u very threatening manner.
JAMES CULLOGHAN
OF ilS East Thirteenth street, testified that early
the morning OF the 18th inst. he was with Egan III
First avenue near twenty-five tn street; deceased as
he came down on the opposite side OF the avenue,
threw brick towards the boys; he then crossed,
and after standing a minute ana without saving
word, went up to Egan and struck hm IN The face;
Egan walked away TO he opposite corner, followed
by deceased, and while the latter was Ave or six
yards of Eyan fired, and DECEASED being wounded,
was taken 10 Inc hospital; before striking the prs-
Oncr deceased called nm IL .'SOn Of u b-l.'
THE PRISONERS STATEMENT.
James Egan, the prisoner, was then called and
sworn and testified that he had known deceased
nearly five years. and was on friendly terms with
him I'll three or Tour months ago; met deceased
VINO was drunk; the witness had an abscess on his
neck and deceased began pulcning 1t with his
finger when requested TO de,ist deceased 5ald You
son OF a b---h! what are you 80 saucy abouty' and
az me same time. siiKing nm on Inc abscess SAID,
stone but did not throw it, when deceased
drew 1veDarrelied revolver and threatened 10
blow Egan's brains out; Egan walked away, and
deceased following again, struck and Knocked
him down in q hallway: the following night de-
ceased met Egan and Knocked him down and was
gong TO kick him, but frightened by an alarm
when was raised; when Egan got up deceased sale
he fd n mot gan aw NAKED De YOU'D kck sd" tine
month ago deceased met Egan who said only
for the crowd he would kick the head OF his shout
ders: has always tried to avoid meeting deceased;
the pistol used by Egan he got from one OF his
companions nal nOur previous W lue 10
shoot in the air. Egen says he snOt deceased be-
cause ne was AFRAID Of nun; believed at the time
he shot him that he was in great bodily danger, for
he looked very mad; that n he Knocked him down
again he might Kick and possibly XIII him.
MEDICAL TESTIMONY.
DR.. SynnOtt depOsed THAT he made O pOst-mortem
examination the body OF deceased, and traced
the ball through the connective tissue OF the ante
rior medos um; the ball then entered the per-
icardum, tearing It's way through the wall OF the
right veutrice, passing through the cavity OF the
right aurice and on passing Out II entered tue mid
die lobe Of the right lung, finally lodging in the pos
terror part OF the lower lobe OF same lung In the
Doctors opinion death was caused by hemorrhage
from the pa ssage OF the ball through the heart and
lung. The ury rendered the following
VERDICT.
"1hat Robert Montgomery came to his de tn by
pistol ball wound received at the hands OF james
Egan. on the attn day OF July, 1870 We further
believe said shooting done under the belief that
he would suffer some bodily harm at the hands OF
deceased Eagan Is seventeen years OF age, born
in this city lives at No $40 East Twentyhnh street,
and IS bartender by occupation. He claims TO have
acted merely in selidefence lie VIII be released Oh
hnh