The New York herald., 1871-12-28
TEE EIGHTH AVENUE HOMICIDE.


-~~~~~~~~~~>~~-~>~~S~S->
Iuvestigntion Before Coroner Herrman-Al-
most u Case OF Justincntion-Mr. Mccartney
ReIcased Bail.
Coroner Herman yesterday afternoon held an In
quest the case OF Edward Carroll late Of 21o West
Thirty-seventh street, who was fatally injured last
Monday evening In the porter house OF James Nc
Cartney, $40 Eighth avenue, by being struck the
head with club in the naDds OF the proprietor. as
previously reported In The HERALD. Deceased, hls
bvother and several other men were making DIS
turbance and n.htlng IN McCartney's place, and he
was attempting 10 eject them at the time the fatal
blow was struck. Below Will be found synopsis OF
the evidence elected aud the verdict OF the jury.
Richard Carroll, brother OF deceased. living at
No. 2l0 West Thirly.seventh street, was the FIRST
examined, ana testified that on Monday night he
and his brother were invited into McCartneys
place by Charles Murray to take drink; there they
had wrangle which resulted In the witness and
his friends being elected; the witness and those
with him returned to McCartney's barr0om, which
is at No. $40 Eighth avenue, and there had
another quarrel with the proprietor. who Ihereupon
seized club and struck deceased on the head with
It; Mccartney old not give the party anything to
drink, as deceased and Murray were intoxicated;
Mccartney and deceased caught each olher by the
coat collars, and Mccartney struck deceased with
brother, when friend OF Mccartney caught and
struck him the wltness); deceased at that time
broke away from Mccartney ana ran to the and OF
the witness, when Mccartney followed ana struck
deceased on the back OF the head with club
somewhat resembling those used by the police; de.
ceased fell and was taken home right away.
Robert orr, an officer OF the Twentieth precinct
deposed that on Monday evening he was called to
McCarlney's place and there met the previous wit
ness and others standing about Mccartney said q
gang OF rufIlans had made disturbance in his
wanted them dispersed; Richard Carroll nad blood
on his face; he was partially intoxicated.
posed that he was 50 drunk that night he remem
bers mounting that occurred; does not know OF anV
fight and could not say he was III McCartney's place
John Ames, Or a7o West Thirty third street, tcs,i-
fed that soon after seven O'Clock on Monday even
the rafting or glass in McCartney's store and IN
company win a Mr.. Smith, ran over TO see what
was The matter; then saw klcnard Carroll ana
large man hghting separated them, and while doing
so heard blow, and, looking around, saw DECEASED
lylds on the fioor near the Eighth avenue win
dow; Mr.. Burnett and another man took deceased
home; he walked between them and hung his head;
saw alcCartney with a club IN his hand: Richard
Carrol soon afterwards went home alone.
Robert Smith. OF 43 West rhirty-nlnGh street,
testified 10 being at the DEFENDANTS place mon.
day evening, and assisted In taxing Edward Carroll
home alter hu had been struck; did not McCart-
ney strike deceased; the latter on becoming par.
TALLY sensible said he had been struck. but did not
say by whom
James Dennlson, OF lib Third avenue, an ntellI-
gent witness, testified that he was III McCarney's
place OH Monday night, In company with John Fltz-
patrick, and called Tor drinks, and Peter Henry
drank three times with them: Henry went out, and
soon returned with the carroll brothers ana Charles
Murray, and wanted Mccartney to settle dispute
between them Du he refused To have hlng to do
with them Murray then wanted drinks, but Mozart
ney declined, as they had enough already; Henry
was asked to go into the back room, and at tine same
time Mccartney took Murray by the coat collar and
yaIn ni 0npfs dnnn lnh infnr rfnrnd and
Murray should not go, but after a little struggle
they were put out; while Mccartney stooo IN The
time time the s witness the O' saw sew several % arms and
hands cutchlng At McCartney's throat, and
the list of one OF the men hut Mccartney
in the face; the men then all rushed into the place
again, and the fight was renewed; another attack
was made on Mccartney by the CAROLS; some Of
the men We're holding deceased to keep him away
from the prisoner; the latter that time came
from behind the screen with The blood tricking
asked the men to 20 out while deceased was strug-
Cling to get away and at Mccartney, wnen the latter
struck hm on tne head with the CLUB; deceased,
against the winnOw shutter; deceased was helped up
by ms trends and walked out the Thirty street
door; Mccartney then washed tue blood from his face.
Mccartney was called to the stand, and made
statement the same in every important particular
as that made by the witness Dennlson.
Coroner Herman then submitted the case to the
jury, who rendered the following
.srhat Edward Carroll came to his death by com.
preston OF the brain, from fracture OF the skull by
Of Qua James l Mccarinev at No. go Eighth light avenue, on
tie 25th day OF December, 1871 ana we believe tnat
in striking the blow said Mccartney had no intent
to take liie.D
Register Connolly, who appeared as counsel for
the defendant on the finding OF the jury moved for
the DISCHARGE OF his client, bur the motion was de-
MED by Coroner Herman who ut the same time re-
marked that he would release MIR. Mccartney in
So, 900 ball.
Mr. Augustln Walsh, of No. 21e East Eighty third
street. and MIR. Henry McKevitt, or No. $40 Eighth
avenue, gave the requisite securitv, whereupon
Mccartney was discharged and lett for home III
company with his friends