The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-13
THE O'DAY HOMICIDE.
Trial of Philip Cooney for the
Killing Of David O'Day.
Interesting testimony Witnesses at Fault
Summing Up OF Counsel-Jndge Bedford
to Charge the Jury This Morning.

| to Charge the Jury This Morning.
The trial OF philip Cooney, indicted for the murder
| OF David ODay In McDerm0t's lager beer saloon
! on the oath or April last. which commenced on
! Friday, was resumed yesterday I'm the General SEES
sions before Judge Bedford. From the opening of
the trial TO Its present stage the friends OF the de-
ceased and OF The accused crowded the court room,
and 1t war evident there was great deal OF feeling
on beth sides. intelllaeD looking little boy DC
cuped q seat beside Cooney.
The next witness called FOR the defence was Pat
rick Brooks, who, examined by Mr.. Howe, testified
that he was In McDermotts saloon on the Sunday
morning Of the occurrence; while standing with the
party at tine bar drinking he heard O'Day call
Co0ney liar and son OF 4 D., and that he
could lick him; Cooney replied, 81 know You are
bigger man tnan am, and don't want to nght;o
O'Day grabbed Cooney by the throat, and IN the
other nand he held glass; he either SAID. GOOD
health" or "Here Is to you''-sonefhing To that ef
feet: ne drank The beer and fired the glass ut
Cooney; witness cond not tell whether 1t hit the
prisoner or not; O'Day was larger man than
Cooney.
Cross. examined Witness stood three or four feet
from the deceased and the prisoner while at the bar;
they fell both together after the clinch; could not
tell which OF them fell on top, for as soon as they
fell he tBrooks) went out not liking to he in their
company
John Dront, who was Of the parties In the
saloon, gave his version OF the occurrence. O'Day
was a man about five ieet nine inches. and 100
pounds in weight he was a large, muscular man
witness saw O'Day and Cooney Mt seven O'Clock, at
Clarks saloon in the morning Of sunday before they
went to Purce's or MeDermOtl's while there
ODay called Cooney liar and loafer, and that he
could lick him Cooney said he knew he owed HIM
some money and would pay him as SOON Us he got
II O'Day wanted to fight Cosney the prisoner re.
plied.tha he was no hghter and did not want TO
fight ODay renewed Inc dispute when they got to
Purcel's he threw OF his coat and vest and gave
his watch and chain 10 the bartender saying that he
could lick any man IN the house except Marlln Mac
kay: upon gong 10 McDernott's he commenced to
argue again, calling Cooney hard names and wanted
TO Gght INN; the prisoner said he did not want 10
have anything TO DO with him andlwas not able TO
fight him; the witness sat at the table ana fell hair
asleep wren he woke up lie saw o'Day lying on
the floor; lie appeared TO be dead.
John Kelly. who was with o'pay the morning
o. the killing gave similar testimony stating that
wnen O'Day caught Cooney ~ the throat and had
the glass In ms hand the prisoner was trying 10 get
away rom hm the deceased showed Cconey and
beth lell, The prisoner underneath; witness
them get mp; GGoney showed hiIn and O'Day stag
gered up against Screen Cooney walked back ana
walked out.
Gross examined--Yhe witness knew Cooney seven
years, and ODay five years; hal not been M durag
the night wlth the party: when nj McDcrmott's
OBEY caaed Cooney lJaier ana sucker; lie did
not want 10 shake lands with him, saying, 'You are
THE PRISONERS STATEMENT.
Philip Cooney testified that he met David O'Day
about seven O'Clock on that Sunday morning on the
corner OF King aud Narick streets, ana while at the
saloons mentioned O'Day called him u loafer and
other names and wanted TO light him. saying that he
want 10 light hun; Charles UConnor asked him and
O'Day TO snake ian,is and make up; he tCooneyl
reached out his naud. but QDay refased to do 50;
Opay Then seized aim by the collar OF the coat ana
twisted him around In the act OF choking and threw
q glass al hiin wpicn did not Int him. he having
lodged il; lie tried TO get away from o'Day but,
he pcing very much stronger man, threw him
speak, TO call the attention OF the parties in the
saloon, but could not; the prisoner, believing that
U'Day was chokGg him, drew pocAet knife out OF
his POCKET and gave him one stab; he knew 0'Day
10 be u very dangerous character; had seen MIN
been Ia several "masseso and innicted the stab be-
eving that his life was in danger, bat he did no.
lnend to lake his litc he delivered himself up TO The
late superintendent Jourdan and was afterwards
honoraby discharged by the coroner's jury; when
he learned that subsequently The Graad Jury had
indicted bum Tor murder he gave himself up 10
Superintendent Jogrdan.
Cross-exammed-- lived al No. 237 West Thir-
teenth street, ana l do not think that captain
Mcdonnell knew where ] ilved; O'Day had been
drinking that sunday; the knife used ls lost; do
not remember having seen u aiter inc aiair; when
OF my pocket.
Captain mcdonnell was recalled by Mr. Howe. He
said that O'Day had bad reputation. In answer 10
Mir. Fellows he SAID that O'Day, when sober, was
peaceablc, bat very ugly and bratish when drunk;
II he was going to arrest him he would be very care
fdl i'll doing SO.
Officers Broderick, Riley Van Gretchen and Ferris
salo that O'Days reputation was that OF dlsordery
ana fighting person, and That Oooney had the repu-
tatlon oil oeing neaceacse man.
Philip Cooney lhe prisoner was recalled by MFR.
Fellows and stated that he had not worked at his
trade oil boiler making since 1866 hut bad worked
since then for tune on the new Court House
O'Clock on Sunday morning at porter housc In
HUDSON street, whiiea Purcell's intoxicated;
he Doyle had known The deceased b, sight two or
three years, and Cooney SIX or seven years.
william Lambert, the doerman Of the station
house, SAID he saw The. body OF the deceased when
II WIS brought IN, anu t'at there were no teeth
knocked out or in.
MI Howe rested the case.
RFBUTrNG TESTIMONY
Mr. Fellows called Ellen Sullivan who washed the
body OF the deceased, ana saw that his 'front.' lower
teeth were broken.
James Green and Bridget O'Day also saw that the
lower teeth were Knocked ou.
Patrick coliigan, James Fay William Butler, John
Wallace, Hartin Waters, .Ionn r. Walsh ana Taoplas
Brogan testified that lille general reputation OF
O'Day, the deceased, for peace ana quetness was
good. one or Two OF t1em upon Gro IS. examination
said that they heard OF OD3y being arrested once
and beng acquitted.
william oDay was recalled 10 snow that the de-
ceased was not ~ lhe haoi u carrying deadly
weapons
MIR. Howe offered to prove by o1icer van Gretchen
thdt u Day naI pslQl al Paee's Hotel and t..af
another occasion NJ lred pistol a The time Of the
Larkln murder.
The testimony was ruled cut because the law
would not permit counsel 20 prove specific acts.
After all the testimony was in Mr.. Howe proceeded
TO make brief but powerful argument In behalf OK
the prisoner claiming that he did the act in self
defence He did mol ask a compromise verdict, bul
demanded upon the proof an honorable acquittal.
Colonel Fellows followed for the people IN cogenr
and ELOQUENT speech, maintaining that the evil
dence showed that the Killing OF ODay nnjusti-
fable.
hour so late he would not charge them ti this
Tuesday morning.