The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-06-24
THE A1T1CK ON OFFICER BURA L.
Michael ynrlcy's Trial for Assault on Oniccr
Burke-'Fhc Indictment Changed Spencer
on the Rampage A ssistnnt District At
torncv FcIIows's Blood Up.

Mfchuci Nuricy = TrIoi Tor Assault on Oniccr
Burke-rhc Indictment Changed spencer
: on the Rampage assistant District At
torncv FcIlows's Blood Up.
The trial Of Michael Marley, brother of the
Hon. Reddy, for assaulting oniccr Burke on the
morning OF the Cd inst, took place yesterday in the
Court OF General Session. before Recorder Ilackett.
The prisoner, who is slight, delicate looking lad Of
about 10. was defended by Mr.. Charles S. Spencer,
and the people were represented by Assistant Dis.
trict Attorney Fellows The Recorder stated that,
owing to the indictments being faulty, Varlcy would
be tried for simple assault and battery.
onicer Burke testified that about midnight on the
81 inst. he discovered three men in the doorway of
81 Pearl street, and one Of the men named Herman
stepped up add said, you're the s. - who sent
Mangin up" Varlcy then said, "Yes, and now
we'll send you down" The two men and John
Mccarthy at once attacked the officer. Herman
sna,ched his club away and struck him blow,
which feiled him and while he was PROSTATE upon
tne sidewalk, Nariey and the others continued to
him. Burke drew MS pistol md Narey nj SNATCH
ed II ami pointed u TO tne officers breast BUrkc
held on snd placed his thumb upon the cap. Nugley
pulled TIE tri-gti, and NE hammer descended upon
the onctr's thGmb, innicting slight wound. BurS e
IN minute q two regaiGcd the weapon, and. while
still upon the ground fired twice, one shot vOuuding
Nar.cy IN the thumb aud the other taking effect In
tue back OF Hernan's head, Killing him almost in
stantly The two surviving men ran into the house
aud locked the doors. Assistance soon came to The
ofncer; and when a forced entrance had been made
NaTiey and McCarthy " ere arrested and inc club
discovered hidden under bacx staircase. The test.
mony OF Burke was corrobOrlciby Olieer Irwin,
Martin ii. karnoy aud Capt Allsre.
In evening for the defence. Ar. Spencer requested
TO be allowed to put Mccarthy upoi the stand, but
AS lie is awaiting trial on TIE same charge the
Recorder refused to allow hin to testify. Ing pris-
oucr Marley was then called to the stan' His story
ol the occurrence was IS follows: On the night 10
qucs ion. Ohccr Burke came up 20 him and Nc
t~lthy aud Herman, wine On Hernln's door sloop,
Of 35i Pearl street. lie AZ once ordered TIE trio 10
leave, and 'clt them he would not have ihom oafug
on las beat Herman told lin that lie QIernahl re-
sided IN the house, aud tie uflccr at
once raised Lis club 10 strike them. Herman
wglrched IL away, and there was q Sculs Tie oil.
Ger taCn drew his pistol and rgy-ehted II to his
breast. but he neid toe weapon or. BIrko urci two
shots wnl.e ha and Herman Mere ttrrdlna ON tho
stoog. one u which wounded him in the thumb the
othef killing his companion. Two otter witnesses,
named Carries Martin and j. ". Ledwith, were
called, hut neither Of them anything Of the scul-
he. his concluded tie evidence In the case and 1t
being after o'eock. Mr.. Spencer asked Tor recess
OF ten minutes before he addrt ssed the jury.
RecOrder-How long Wi you talk, Mr. spencer
M Spene9g-A0oII thirty minutes, bat intend
District Alto Rcy--lhen the case may as well 20
over Tor tue term, your Honor.
AMER tac recess, Mr. Spencer NJ once started on
hi address 70 tie jury lie said be was not going
t. indulge Ia sIread-oagle talk, but ne felt very
warmly IN tue case on tial. lie would give a 90
m gold IN less than two hours to see the man Burke
hanged for lac deserved that late. Pro, idcnce had
come TO the help OF his client, and the
best thing Providence had Done MAS 10 give tie
man BuIke the ilCe Re had, which alone was enough
u lang him. His friend Mr.. Fellows, who was TO
be member OF Congress next year from the district
containing the Fourth Ward, was OF course also
very much interested in the case, and be (ir SreE-
{ - mu-i So that II tue murdered man Herman ma
been "a Democratic Alderman instead OF a Rcuub;i.
can letter carrier, the case would have taken di,.
icrcni c curse. Dr. waterman, who testified 10 the
injuries Oncer Burke received, would net mat day
nave Dtth fOhce surgeon, unless he lad lceu eN
Decled TO give evidence iu this case. Whatever
Was the result Of TINS trial, the merits OF the case
would receive In the Ligh Court above fair hear.
Ing before Judges not elected by repcatcrs
District Attorney Fellows, in his address to tho
Jury, characterized the speech Of MIR Spencer ls the
coaTsest. most unwaIrantcd and unprOYoSed ad.
dress delivered IN that court room IL was not
the first time he had heard the speech he had hear
II hundrcd times m the courts, and 90 many more
on political plato IL vas base and i.uobe TO
introduce politics into tie trial. That tue Judges
Oi New lO!k we're elected by Tepcaters was u foul
i1seAood. lie did not believe the Recorder was
elected by fepcatcrs, and II any Judges were His
Honor was lie did not know tile politics OF the
prlsonei, but he believed lis brother as working
win IhnmLny strikers last election, and il so, he
might be prosecuting Democrat Mr.. Spencer
would give $iOU TO zee Burke banged but lie for.
gets TO add tlat he would take g. 800 to defend him
lie did not think II would have been any injury to
the community II both BuTkcs shots nad TAX en-
enect on Sc Iardte men. When lie DISCHARGED hls
pistol, tue officer was In state OF desperation and
didn't care ana dun look vi cTc Lis shot went,
At the close Of tie address. tho Recorder charged
the jury with great importantly and fairness, and
tic jury retired After an absence OF about half an
hour, they returned with q verdict OF guilty. The
Recorder, in sentencing Narley sid that he did not
feel inclined TO inlet upon linn tie highest penalty
OF the law, as he was vet very young anu bore lair
character. lie should, however, deal with him In
such a manner rs TO warn careless young men that
there was yet law TO restrain them. His sentence
would be six months In the PenitenlIary.