The New York herald., 1870-04-29
THE o'DAY HOMICIDE.

Investigation Before Coroner Fiynu-A Lurse
crowd in Attendanco-Tcstiraony I'm the
Case. .
At eleven O'Clock yesterday morntuv Captstu
Mcdonnell, OF the Twenty eighth precinct.
with two or three otner officers, entered the
Coroners once, having IN charge Philip Con '.
Charles O'connor. R0mer Kelly. Wtiiam Po ter,
John Drout. an Marlin MIchaels, VINO have been
arrested charged with being orcelned in taking the
life OF Dave O'Day, the Eighth ward speraio IN
the lager beer saloon OF Lawrene Mcpermot. 81
King street. last Sunday morning, fcll par
ticuars Of which have appeared heretofore In
tne HRRALD. Accompanying the prisoners was .
crowd of several hundred hard looking
characters. friends OF Deceased, AMI the accused
parties who felt deep interest In the result OF the
case. Crowds OF Idle men and boys gathered on the
outside and peered through the windows Of the Coro
ner's ONCE. Halt an hour later Coroner Flynn and
hij deputy arrived aud announced themselves ready
TO proceed with the inqulsirlon. Mr.. william r.
Howe appeared as counsel for the prisoner Cooney
and Henry L Clinton present for the prosecution
The examination OF witnesses was then commencal
an below will be found the most material portions
OF the testimony. 7fr
The evidence OF Captain Mcdonnell and the bar
keeper, Andrew Stanton, conalne, new facts VI
importance aside from those already published.
ton street; am a butcher on Sunday, about seven
A. NJ, met O'Day aud pTy in variek street. going
me to come IN and did so; we had sevei al drinks;
the rls,ner war there and several others, who had
been ihere prev,nnsly; there was some KIND q a
was settled, and they hal trtnK; we lett and wcnt
to Purceii's, corner OF King and vai K, and had
several more drinks all the nrty went there except
Porter; he was not al Cafks but we met him nt
Pui cells; quarrel acan ensued le ween O'Dnv and
Cooney; think O'Day chasg ID him with hiv.ng
owed him hall 40 lar for soie length or tinle AID
he admit ed II, and said ne w0uu repay III he then
called Coo ey ~ hard Lame, winch Il resen ed and
man IN
house except MlChae 9; Purs,l came In ana sruok
Dront with can. and several Others. and sold them
e. get ont and not Lave niuss there; While going
out Drout called Tor round OF drn s. and
afer mat Is seemed to be Mi settled and
go TO McDermott's and have q drink the Q;
wnle gong there met ANDY Stanton. the bar
tosse up and a. weat over iaio the yard, aud I
went for 1t; when | got INSIDE McDernott, ODay
win me; had been In mother yard to look Tor 1t:
iasAel Cooney II ~ coal lot be made up, as
tered nis hand to ODays but he SAID he wanlei no
friendship with nm; ODay then called fog Pound
OF drinks aad after that Stanio OH asked me take
care OF the place while he went u let change;
o'Day and Cooney were standing close togethsr
drinking; some words passed; O'Day Sed lager
bee tumoer ~ Il 70 stiike INN: the quarrel was
abous money which had ieen leat; 0Day cal ell
him q loaer ana o sucker: they both ciu b a
and ODay fell towards tae screen; TANK Icy
cIinci,d smut lneously; the tumber was stll IN
UDays hanl; they bosh fell; Cooneg got up AMI
flowed rom his mou.E. the Q no on. within
four or 1--WE feet OF hem when they cinched; ODay
could hardly have thrown AS wfnoat my ki.oy-
ing II; SAW no blows exchanged b. orc Day ie!l:
uont know whether Coo ley ie or nDl; Port and
le for doctor. but lid not lct ohe: ODay, III er 10
fell. said "he wa gone" or som ,lhns lae IL: tho
were the Only wO d. he uttered; aii ret rn
McDerm It's; hal known Cooaey of so,ne tine, Tut
was intro ucel 10 Day that morning; cannot say
whstlef @ oney fell ol the noof with O'D4y; O'psy
lel over towards Ann.
Jorn Kelly calied--Reslde at 20s Woost rect;
am Il tagman; on sun az m0. ning | wa gtinl
home and net tie pris 1ne 8, on ". Miclae !,
q Copnor and DrouI; Ihey wer, sit IN son too n
Houston stree; joined ten and we star cd to-
wards King stree met O'Da, AID DO Ie; u yle
was drank and nosy, and he told us about U'Jay
and himself being abJut 10 1gat In Barrow street
with some young men, II teg III as they SAID
O'Day would sho0; starte for DoJney Cla I'd
whic there O'Day accused Cooney Of oaiag
h.m half dollar; lie sad he would ay
i as soon a, ne couli get 1t; sef t.as
we ar cd for Pufcells; nal iwo rounds tbe,e
and y Day thea said he COULD LICK Cooney; but he
said, Il don't want to fight with him." 0Dly then
handed his watch the bark .eper and threw or his
house except Michacis Pu cell inierfered, and we
lett O'Day y,going ahead; we then went TO Lnry
got N there there we're glasses Of beer on the bar
ana VDay ordered another round aud gave two
dollar bin in payment; Afterwards saw O'Diy
holding a beer glass IN Ls hahd; 0'D.y
had called him d-n s--n OF q b---h;
they both rell Cooney under saw no weapon in his
hand; he got up and started out; O'Day ell asaiuss
the door; he did not get mp; cannoy say VIII Iher
O'Day fred the glass did NOT ar Rlass break;
. Day was bleeding from the mouth.
BY Mr.. Chnon--O Day hal me arrested about
eighteen months ago Oh charge r. iurg ary but
honoraoly discharged; ID no unriendly rcellDg
against O'Day did not hear Cooney make any tnieals
against O'Dav.
Al TINS stage OF tue investigation IN adjournment
was had ti eleven Jc ocK TINS norma All the 0e-
feudaais except COOney, were released on ba. and
he was detained to await the result OF the investis
Lon.