The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-20
POLICE KILLING.
officer Toomey Convicted Of Manslaughter In
the Fourth Degree-Sen.ence Post
poaed Till Friday.

The trial of Patrick Toomey officer of the Fourth pre-
cinc charged with the homicide of John Murphy 4h
Of March, resumed yesterday in the General Sessions
before Recorder Hsckett
CONTINUATION THE TESTIMONY.
Dr. Sproat the first witness called BY District Attorney
Garvn who testified that the morning Sunday the 4h
Of March, he called to the station house, upon arriving
there he found young Murphy Dead although hts body
not cold The doctor examined the body and found
ternal marks Of violence upon 1t
Sergeant Kelly who In command at the Fourth pre-
cInct when Murphy brought in by the ocers said that
he left the desk and looked tho deceased
then cold and his closed He sent FOR Dr. Eproa who
arrived In fifteen minutes The sergeant told the doctor that
assertions madc that Murphy had been clubped
and no wanted him to mako thorough examination Too
the service about two years.
Gross examined ofccr Toomey brought Murphy In
he that no Murphy had drunk and dsordery
that he first heard words between Brodeck and MUIR
ply Caharins street, shortly after the party passed up
Casnarns street, and Murphy crossed to the Fourth
precinct side Toomey pushed him or and told him to 80
homo about his business he turned back and used defiant
and abusive language and he (Toomey ran after him. but
being drunk when he got to the sidewalk he fell headong
Murphy picked up and brought to the station house.
This made by Toomey in the presence Of
officers Hughes. Brown and Brodeck. neither Of whom said
~ ~" -''1' TMs MEDICAL TESTIMONY. ya
Dr. Wooster Beach was the next witness He testified
Murphy In the station about the middle of the on
10 n az ON s a %
Tho doctor found the coating Of the stomach red
81 .
a o.d % the %
Sausns .soSs 70 tine c Tine
leave marx the :oit parts, such as the abdomen
& nat SS 10 no
hs would have been r. doubt as 70 the s.
WAS &c
So s Time a s sss S u 3D.
Beach gave a. hts opinion that did not make mate
"
s9csni production Of death By shock
IN
r when he s the sOSu Of the
This closed the case for the people.
Ssa :.@ ,a & Ss on S. and
subsana he same The main fact sstablisnsd being ha.
sy TS X &. phi
TIME ed with
s sSS 7es:s singing
Op & sas who
thal 10 dniius from bottle that night y
~ sss.:
ss ss
MT Anthem then made brief but abb. eloquent argu.
show that Toomey any wrong He maintained that
there no marks Of nc ugon the BODY Murphy
from iaosisiOa his ts upon ne adswa5
that upon evidence the jury could Toomey
10 s ON bcs which
S q; s s1 % a.
T TScns s; y sI% siaS '''
Recorder H.cket. in charging the jury :sid; AID.
sion MURDER aSst in having the lie Of
ss.s II 81 prsSn.r guilty.
Of either us s saa s Of the CT
20 s r ds ns OF 81 eoass rss
first question which should engage attention the
iss 81
ss% s e.
70 the question whether any blows were struck By the
y is- 1 S
vii Sa, ssSa S:esss
y the sSw @ %
character Of the under the q the
rsea a
] H. q Su TDs @ II
and to proven, breaches The public peace
o 80 hey o e
shall with violence in the execution of
their duties charged that II the evidence satisfied them
beyond reasonable doubt that the prisoner
killed Murphy, should convict him OF mAnsauahter
the third degree The law Of homicide In the third and fourth
degrees quoted Its applicability to the
gested. If the blows necessarily committed over
coming the actual resistance OF the deceased endeavong
ought Acquit him. The evidence good
character alluded To- and the jury instructed to
Among the to charge preferred by Mr. Anthem
and charged by his Honor was hs-"Tha II the Jury be-
eve hat there IL reasonable doubt whether
the not caused the fall and ntox
cation and empty stomach, they give the benefit
OF the doubt to the prisoner and acqulL"
THE VERDICT.
The Jury retired few before four and after being
absent half hour returned with verde OF
ter in the fourth degree.
The District Attorney moved for judgment, but at Mr.
Anthous request, sentence postponed till Friday
Recorder however ntimating would Impose the en-
penalty the law allowed for the offence OF which
prisoner convicedwo In the State Prison. His
Honor said that Under the law a. Il nov stands who
the State Prison for ave years. but whom
lessy taking human life he could only be two
war