The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-26
REALS LAST PLEa.
The Condemned Murderer Appeals for Clewency
OH the Msrit.s q His Case-How he Was
Hoaadad Down by Kia Victim
HisEarrative OF the Murder
A Voice from the Tonbs.

One week from next Friday, unless the clemency
OF Governor Holman intervene, John Real will be
hinged by the neck until he Is dead In ae Jail yard
of the Tombs prison, IN exration OF the murder OF
police oilicer Smedick. The crime was committed
in June 1885, and the case has been through all the
appellate courts but the original Judgment has
been sustained. The day originally fixed for the
execution March H. 1859, Dut by the resentence
Of the Supreme Court ut General Term, Friday
August 8, 10 the day finally fixed.
The condemned man has just prepared the fol-
lowing
STATEMENT TO THE PUBLIC
! beg the pablic to bear patiently with me while |
for The last time briefly relate the facts OF my sad
case. earnestly ask for perfect confidence In the
truth OF my statement, as in q few days my soul
must PASS nnb t to It's MAKER, and VIII not
peril It's safety by declaring anyhing which Is not
true, nor indeed by ccnceaing fact which ought TO
be known IN connection with the sad tragedy for
which have been condemned 10 die. believe that
when the character and extent OF the assaults ana
prosecutions TO which was subjected by the de-
ceased shall be fully known 1t WIN he conceded that
ought not 10 de the death OF le0n On the scaf-
fold.
Ny acquaintance with onlcer smelick commenced
In tile spring OF 1867. The first III feeling ever knew
lie had towards me was expressed in public room,
IN the discussion OF political matters, aad In which
he called me some oicnslye names, and Ia turn
dd ihe same 10 him. We were both wrong. No ylo-
fence was then used by either. From that day Sme-
DICK entertained hatred ior Inc, which he mani
tested upon every possible occasion by clubbing lne
almost Whenever we met. lie was a policeman, with
power ana innaence; q laboring man, without
either. My vice was occasional excessive indulgence
in drink; and 1t was especially on these occasions
that he, under pretence OF arresting me, would
beat and bruise me in a most fearful manner many
OF the scars OF which still bear upon Inv head face
and body. He then told me, and also others that
knew us both, that he would drive me from the
ward OF beat my head OIL Smedick drank as well as
], but not perhaDS. as much aS | sometimes did.
lie scarcely ever saw me that he did not chase me
times would get away from him and from his
threats and Oaths that lie would beat the TOD
OF cl,a nay heaa oM m was TOO much intoXi-
indeed. once in WHILE when severely beaten, lie
would take Inc 10 the station house. under the pre-.
tence Nv hich now In these my dying hours SOL
EMMY declare was always ialse) that had attempted
10 strike OK Shoot INN. never, prior to the night o.
his death, fred q pistol at MIN or attempte or
threatened to do so-neyer; nor did ever strike
HIM with my fist on with anything else, and never
assaulted HIM or attempted to assault him In any
The most lie ever could In truth say was that when
partially intoxicated and he would beat me would
resist hts assaults as yea as could with my hands
only. lie never In all MS HE bore mark Of vio-
lence, however slight, which he nad received from
me, While have borne wounds and blackened body
and limbs on many an OCCASION ANA for weeks at Il
time, received from him. lie often kicked me with
heavy boots, ana once, well remember, injured me
In the lower region Of the ABDOMEN SO badly That
was unable TO walk for two weeks. could relate
particular times and circumstances OF many different
wanton anu cruel assaults, and would, except my
Wits OF various persons showing fully and ia detail
that all have here said f. true. Slnedick not con-
tent with his constant and cruel abuse OF me in this
Way dd an IL ms power TO prevent me from obi am
Ing living by honest labor. He denounced me as
q T., tniel 10 those In whose employment was and
drove me from places OF service No one WHO knows
me- either ON the police II. Will say that OF me-
was never accused or suspected OF stealing, ana
never had that character imputed to me before.
Father Cloury procured situation for me On the
second Avenue Railroad as conductor. Smedlck
caused me to be discharged from there, as an adivit
n fhn ,JO
IKE situation on the Seventh Avenue Raixoad.
missed, as like atidavt OF superintendent McCane
Of that road, which my counsel has, win prove.
alderman MAN CROKER sought TO get me another
thief, and defeated the application, or which there
Is proof on oath In the hands OF my counsel. lie
wherever went. Mr., Monhemer, who was n
deputy collector OF the United States revenue en-
Rioyed me 10 watch barge IN the East river, foot OF
Illicit whiskey still on board. Smedck, Gnding this
ont went TO him and told him was thief and did
all In MS power 10 nave Inc removed. Mr.. Mon.
hemer's AFFIDAVIT Is with my counsel, showing this
10 be true,
Besides these cases, he was in the habit, as was
told ana felt sure was true OF calling and reporting
me a thief to almost every one with whom he smoke
about me. and OF pointing me out as such when.
ever and wherever seen. My character for hon
esty has never TO my knowledge been doubted
or questioned by any one else, and even Smedick
himself VIII al MS hatred never arrested me for
not be believed by any one who knew me. My fault
was that OF sometimes drinking too much, and it
was mostly OF my condition at these times that NE
took advantage 10 club me at the peril OF my life In
qualification Of his malice toward me. 1t is not for
me TO speak III OF the dead, ana therefore refrain
from any comment upon the well known disposition
and Character for malice and revenge OF the I'M.
happy victim OF his own wrongs and mine. Touch.
Ing the facts OF the killing have this plain and
truthful statement to make-Augustus Adams and
myself were employed upon the barge Franklin. foot
OF Ihrty.nrst street, watching an Illicit wnisKey
Inv Oh Gta.o
officers; we watched 10 turns on that night and were
q snort Time aboard In the early evening, and went
about nine O'CLOCK or little after up 10 the eating
saloon OF Mr.. Koch near the corer of Thirty thru
street and First avenue. to get glass Of ale and
some sandwiches, ana there met couple OF friends
ana drank tgige thipk. started alone TO go back
to the barge to watch for the night. I CAME down
FIRST avenue TO near the corner of 1hlriy.second
street, when I saw Smedick little ahead OF me |
going In the same direction, walking slowly | was
walking faster than he, anu was about passing him.
Wnen ne, turning, saw and recognized me- He
crossed Immediately in front OF me and raised and
sgook his club almost In my face saying "You son
% ora nh s i've ,Ns s9o9 mind to lay you out" or
towards the inside OF the walk, and drew q pistol
from my pocket. He advanced, ana | still stepped
back until l. had got partly, think around the
me up close. aud struck at least two blows az nv
head with his club. Az tins l fired. He reeled
around, and without letting my hand fall I drsd
again. The last shot was involuntary and of which
was not conscious until the pisto went or He
fell to the sidewalk and stood seized with horror
that no language can express until | heard some
one twho proved to be olhcer Mee) Coming toward
us. ! then attempted 10 fee, but was pursued aud
arrested by that officer. This is true and faithful
account OF the killing precisely as it occurred And
here desire TO say, Ii the presence OF that God be-
fore whom must appear. that the testimony OF the
witness who swore came from behind the coal box
at the time shot the deceased is utterly and en-
tirely unt.ue was not concealed behind anything
and did not lie in wait. I soemnly say that the
meeting was purely accidental and that it was
wholly unexpected and unprecedented by me-
II was oil the work OF few moments OF
the witness, Carpenter, who swore he saw
me come from there 1t may not be
improper to say that he has since then
served great portion OF his time in the penitentiary
for stealing; my counsel has the record OF his con-
vctOn by Judge Bowling. wish here to add that
whatever were my wicked and foolish words to
officer Nee IA brave officer and truthful mani i'm
mcdiaiey alter my arrest, the evidence given by
nediy false as the clear and positive affidavit Of