The New York herald., 1870-08-30
The DEAD SLOT.
Inquest Over the Body Of tho Sneak Thief snot
in Brcoklyn-Interesting Testimony ELL
cited - Verdict Of Acquittal-
Officer Cowen Justified.


The investigation touching the circumstances at
tending the cause OF the death OF Richard Maloy,
the thief who was shot and killed by officer J0hn
Cowen, OF the Second precinct. Brooklyn, on Satur-
day morning last, was commenced at the Morgue'
before Coroner Jones, yesterday afternoon.
The first witness examined was DR.. p. O'Hanlon,
of the Board Of Health OF New York. who testified
that on Saturday morning last about half-Dast ten
O'Clock, he was riding Smith street car down
Main street. when his attention was attracted by
two men ru ming down Main street; the first man
had coat over his arm, and the other, who was
pursuing him, had pistol In his hand; the man
leading was evidently gaining upon his pursuer
widening the distance between them; when the man
In advance got about twO-thirds the distance rom
the corner Of Main and Dock streets and Stewarts
alleyway the man who held the pistol fred witness
heard cries Of ~
and other similar exciting exclamations during the
chase, In which large crowd took part did not
know that the man who was pursued was shot
untI afterwards; the officer who had fred the shot
caught hold OF the man, who stopped when
wounded, and, sitting down, died in about a minute
and half after; the distance from officer Cowen
to the thief when the former fred was about fifty
feet; could not say whether the officer called to the
man to stop; was unable to distinguish his voice
from others who were crying out in the crowd
Mrs. Margaret Dennison, the next witness called,
testified that she lived at No. 80 Dock street, corner
OF Front; on Saturday last the man who was shot
entered her apartments and stole coat belonging
to her son; the deceased first observed by her
ON the back stoop, when her attention was called 10
him by woman up stairs, who asked what man
was that who just came out OF wilness' ROOM
.nrAr,, chn rntA
wardrobe, and followed the man into the street,
where she gave the alarm, calling out aloud, 'otop
thiefw
the men, women and boys IN the street joined In
the hue and cry ana the man ran ahead OF them
with the coat until lost sight OF him. Later wit
ness weat TO Water street and saw this same man
lying dead. The door OF the witness apartment
was open when the man entered the place. l. was
after zen O'CLOCK in the morning when the robbery
was committed. Mrs. Dcnnlson never saw tle de-
ceased before.
heard the cry OF ''Stop theft" on the morning IN
question while standing upon the corner OF Main
and Front streets. He was standing talking with
officer Cowen when he heard the voice OF woman
crying out loudly and crowd OF persons running.
The olIicer went In pursuit OF the man and called
ont to him to STOP The thief, who was running very
fast, was
In the chase. Witness had known the officer since
very high, and to have MADE several important ar
rests; knew HIM to have wounded q river thiei VINO
was caught Stealing q haWSer from DOal, DuJ never
heard OF his using club.
Onlcer Joseph Carougher, Of the Second precinct,
tesCfed TO his having seen Malloy the deceased, at
the station house, and recognized MN as one
Richard Malloy. lie was the one who
CoMMlTTED A BURGLARY
upon Mr.. Davis house. No. Ia Williams street. on
the Heights, about two years ago; Mailoy made his
escape after witness arrested him from the PONCE
Court; subsequently he was arrested IN New YORK
po%ne 10 oGr on % on
wells Island; procuring an order from tie Court,
witness obtained the custody OF the deceased at
that time when Malloy was tried for the crime OF
burglary, and sent to Sing Sing Tor two years; the
next seen Of him by Carougher was when the unfor-
tunate man was dead; deceased had star done IN
India ink upon the back of his hand, by which the
onicer was enabled to verify his identification OF the
body OF deceased; never heard OF Cowan's using
the pistol but twice before.
MEDICAL TESTIMONY.
A. w. Shepard, M. d., sworn, says-I am a regular
practising phy5 and surgeon; reside at l24
Wllloughby street; MADE post-mortcm eXamina-
ton Of the body of the deceased at the Morgue
August 20; found bullet hole penetrating the back
about two inches to the left OF the spinal column
through the ntercosta space between the sixth and
seventh ribs; 1t then passed through the upper and
inner border OF the lower lobe OF The left lung and
terminated at the spine; in its course the bah had
divided the right pulmonary artery, causing the pro-
fuse hemorrhage; the left peural cavity was filled
with blood the otler organs III normal condition;
in my opinion death resulted from internal hemOrr.
hage by the division OF the right pulmonary artery,
caused by the bullet wound.
Sergeant Richard Smith, OF the Fourth precinct,
testified corroborattvely OF the testimony OF the
previous witness as TO the burglary by Mailoy upon
The residence OF Mr. Benjamin DAVIS on the
Heights his subsequent escape, rearrest and SEN
tence TO the prison at Sing Sing for two years; on
the 4th OF June last Sergeant Smith met deceased
was; witness told him that he did, that his name
was Malloy; had quite a conversation about Sing
Sing, and he told me that
He HAD REFORMED.
Witness recognized the body Us that OF Richard
Malloy and said he had not the least doubt in the
world as TO that being the man: C0wan's reputation
for the treatment OF prisoners good.
Theodore Anderson testified that he resided corner
Of Monroe and Catharne streets, New York: that he
had two coats waistcoats and pair Of pants stolen
from him on last Saturday between nine and ten
o'clock these clothes were IN his room IN closet;
witness was asleep in his room when the clothes
were stolen, and just awoke as man was going out
Of the apartments; saw his face and the face OF the
man who was shot is the same. Witness here iden-
titled coat round upon the deceased as one which
was stolen from him on Saturday.
Captain John Mcconnell OF the Second precinct,
testified the fact that two pawn tickets for articles
OF clothing were found upon deceased; tnat the
tickets were made out In the names of Rowe and
Mallory.
Coroner Jones here reviewed the principal points
OF the testimony ellcited and stated that the jury
was TO decide merely upon question OF law.
THE HUE AND CRY
is equivalent to warrant, according to the decs-
lon Of Judge Scrugham In the case OF officer Cur
ran. After demanding the prisoner to stop 1t was
an act OF justification on the part OF the O1cer to
use measures TO arrest the deceased. Four respect
able witnesses mad testified that there was ''hue
and cry, raised when the officer went to the
assistance or the people. The jury then retired and
alter a brief absence returned with the following
verdict whereupon the prisoner, officer COwan, was
discharged:--''We ind tnat the deceased, Richard
Maoy, came 10 his death by pistol shot wound
fired at the hands Of Jonn COwan, police Ofcer, on
the 27th day OF August at Water street, near Main
and we, the jury, hereby justify the said oflcei
Cowan IN shooting the deceased, believing 1t TO be
his duty"
RAILROAD COLLISION NEAR TRENTON.