The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-04-30
UNSUITABLE HOMICIDE.
PHILIP COONEY DISCHARGED By
THE CORONER'S JURY.

PHILIP COONEY DISCHARGED BY
THE CORONER'S JURY.
Continuation of the Inquest on the Dave
ODnv Murder-A Free.and-Easv Juror
The Quarrel over Finy Cents-O'Day
Would Fisht-Cooney's Efforts to Avoid
Him-A Verdict of Acauittal In Forty
Eve Minutcs-AppIausc by the Audicrce.
The investigation into the cause Of the death
Of Dave o'Day was resumed yesterday morning.
The Coroner waited for an absent juryman until
after noon The prisoners wife, two small children,
and friend sat beside him during the investigation.
TESTIMONY OF PATRICK BROOKS.
went With the party r. take drink INTO Larry s1
was standing at the end q The counter o'Dsy he'd
Tie glass Al him 6'Day men ran q, him (cooneyl ami
h s% r ns% oy dead Dy called
Cooney
WITHOUT ANY PRovocArIoN,
and then cnched him; heard no words before the
mi olIptorzI had not been up al nirht knew
gooney ana oDay neaTd no 'ss goou nv Vpov bc
iO5e III; and was afraid q HIM only drank once
To the coroner-1 don't know for what was arrested
To Mr.. Howell was discharged.
TESTIMONY OF WILLIAM PORTER.
i was IL PHTccell'.,, corner Of yarick and King S
heard o6sy ,say sYoS arg NJ good Sonia not
anything. DO ~" o'Day said. "Ycs,
rou ows ME FIFTY CENTS
for year" oDay then said he gould nght any man
toscsted ISesrG either oDSy or poyls say that they
wewens . Larry MeDeTmOits, and Garei treated nrst
sss tsfSay atiF"a drinks but cSo o1 DSa
sy ocf by Ss 'pSr Ts 6s6sd
have hold q Cooney ana having lsgeroeer glass IN
around my seat heard The noise Of glass breSkins.
When next saw them
o'DAr WAS ON THE GROUND
on a aide. and coossy spees,sd ss q he YER iu..
mouth aud started fOrs doctor. l did not sec any
To Mr. Ho@s@o'bay ses he sisss in threatening
Stiel land he held him ~ the neck Or coat ' WV"
TESTIMONY OF MART nIcuAELs.
Martin Mckay or Mart. Mchaels corroborated the
testimony OF the previous witnesses in regard to
Pnrcell's tile witness said he heard o'Day say You
are no good you arc either sucker or loafer:''
b. ssS d @ o% oTS hin , af os soa 1cu
ses:' when viii pay You" oDsy then said,
:" You are no goods .
oAs LICK roU."
and y s % s ns
I n and could
p zen: ;s ,sI :,:sSSH & $s:S
opsy stood with Their sides @ the har both hsing OaG
sSs oa nas lager se Sas a. NJ
gr9ed around and saw o'pay have hold q coepey
collar 4 DOM knew: saw o,Dsy lave tumbler
o'DAY FIRED THE TUxBLER
at Cooney, Isaw o'Day do It,. After oDay nred the
spSSssrod q q he Va. dtSSslSg away from
BEFORE we got near them both men had fallen to he
as ON 81 . %S e. T "s o21 ont
asked o,Day several times whether he was hurried. and
and never Know him to carry afBiic. - N''''
To M ollp,opI DID notsay 70 body that my con.
To Mr., Howe
MT CONSCIENCE DOES NOT TROUBLE ME
ssesC, a. tsr g beng in he case At ALI am Just as
TESTIMONY OF JouS Dnour.
he sd uof 1a want %pI 70 S y II h 1p
iSd .SS aS ne rG taxing taS rs
down 9y he table WITH ny bead on ~ the arst thing
Igot up and saw o'Day lying on the floor
TESTIMONY or SHINE.
on Sunday, Arm a. 1870 made post nortem exami.
rscl9e, station 6oussi tae clothes worn 6y the de-
s sisS eIs
The wound vas foano 20 extend through -" the waits
fn sad DE s o 81 Rss5 q tf
death. IN opinion, caused by hemorrage, the
suit q this wound both lpngs were bound down 70 the
wall OF the chest by old DlcPrtc adhesions; the liver
was small contracted and adheTent TO the dlaphragn
the Kidneys were also small and contracted.
To Mr. Clintou-Such wound In the lung would pro
duce bleeding at the mouth.
CORONER FLYHS's CHARGE.
Coroner Flynn then charged the jury that they
must first End the cause or death, and then render
verdict In accordance with the evidence. Mr..
Howe asked the Coroner II he would not charge the
Jury To bring in verdict Of justnable homicide II
the evidence warranted III The Coroner said he
thought II was not right. Mr.. Howe said that tho
Coroner had charged the jury thus in the jackson
case, The Coroner then told the jury to bring in
verdict according 10 the facts.
JUsrIFIADLE MURDER.
At twenty-five minutes TO o'clock the iury re-
tired, and at twenty minutes past o'clock they
returned and brought In 4 verdict that David ODay
to his death al the hands OF Philip Cooney, and
that the deed was committed in selfdoience. loud
applause.1
Mr.. Howe went over and shook hands with his
client. The prisoner thanked Mr.. Howe and the
Jury, and the Coroner told Cooney that he was dis
charged.