The New York herald., 1870-04-30
THE O'DAY MURDER.

Warming to Metropolitan BIiies-A Man
Justified by "a Jury I'm Killing O'Day and
the Verdict Applauded by the Spectators aS
the Inquest.
Coroner Flynn resumed the investigation yester-
day morning INTO the circumstances OF the killing OF
David O'Day, on Sunday morning last Before Il
commenced Captain Mcdonnell brought in another
person, who, 1t appears was with the party when
the fatal ARRAY occurred, and whom he succeeded
in arrestng Tnursdly ngni. His name Is Patrick
Brooks. The room was NOT so much crowded
as on Thursday, and less interest was manifested in
the proceedings
Patrick Brooks was the first witness called:-Ro-
sides at IL Downing street; is bag MAKER saw
O'Day on Sunday morning, and others, IN King
street, about O'Clock; heard O'Day invite them to
go into McDermott's and laSe drink; went IN with
them; they drank beer; O'Day called Cooney liar
and s-n OF b-h; then swallowed his b er
AMI fred the glass at hin' and then ran at him and
af erwarls weit to McDarmotts, whe sae qua r
rel was renewed; saw O'Day had hold OF Cooney,
heard the glass belk; it d Il rot appear to have
struck any one; Wen ext he saw them O'Da was
up; saw something coming out OF O'Day's month.
ana thought it was beer but 1t Prov d to be iood;
Coo.ey ha diapPear.d 3pn saw no weapon in he
when they fel O'Day held the gla S In a threaten
ing manner, as though about 10 strike.
van street. is glider WI ne testified as to IN f.
ing with O'D ay aid Doyle IN sunday rnng about
sNeu O'CLOCK. aid he (wltne - ID his party
went win them to Clark's; mad several drinks there
and then went to Purcel's. (WItnes5 cOrroboraCed
tn te nnony pre- lOus given with respect to the
qua rel between O'DAy and C0oney and the latter
fasing 10 iglt de eased. Then related the Sit OF
the par. y to McDermott's.) DrOut Porter ana w.t.
ness SAT down O'C0nnOr stood near The bar, and
Coouev ana ODaY W tn their des to the bar, facing
other; ODay had q la -er beer glass IN hts hand
and called COOney bad nameS hs then took h. IN
with the eft hand bv e CO lar OF the coat and fred
tie ass; heard 1t break; don know tnat he threw
IL al CoCney, bat no one else was near and he must
have thrown 1t o. nm; COOney appear, d
to be pu ing away from ODay. who sill b i'd on to
him, and before witness could reach them they Doth
fell to The ground n AZ tie SIRE n; Co0ney
gu ckiy and O'Day raised hnnse with one arm, Dus
le la *; WI ness AK d him II he was hurt, Dut he
could not speak, ana he and DrOnt lett Ion po ice
man. the rest OF the party hal let; saw no KIN e in
CO0ney'5 hand; nevet knew him TO cary knlle;
did net onesn the So oon; hal been OuG all the
nj ht previous to the occurrences saw ODlY after
twelve O'Clock on that night at BOgan's aad eft
hin there.
Several other witnesses were callel, but no facts
Of interest material 10 the issue were elititd, AMI
the jury after being char ed b. the Coroner retired,
and after an aDsen o forty five minutes ret incd
with the following yerd ct:-"We mi thai Ddvii
O'Day came TO his death at the hands OF Philip
: -Co0ncy, In Sc fence"
The verdict was received by the audience with a
round OF app auSe, WhiCn WIS Promptly ch 'cked by
the Coroner, but renewed when lie announced tfaA
CoOney was discharged. He left, accompanied 10y
his wie an infant Child, VINO sat bv him durlng the
myestig CATION.