The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-04
THE OZAB SHOOTING AFFAIR.


A Case Of JustianbIe Hon,icide-Lurgc Crowd
at the City Hall.
very large and respectable crowd OF persons
appeared at the Coroner's ONCE yesterday morning
to witness the proceedings before Coroner Schrmer
In the case OF Joseph Ozab the German saloon
keeper at 30S avenue A, who stood charged with
fatally shooting Peter McCann at his (Ozabs) place.
on the evening OF the Goth utlmo. The accused
from the first claimed that he was assaulted by q
gang OF rowdies and only resorted the use OF the
pistol when his life was In danger. A synopsis OF
the testimony Will be found below.
Caroline Ozab, wife OF the prisoner, dcposed that
at ten O'Clock on Monday evening, June 20, deceased
ana several others entered her husbands place, d.
rectly after which she went into another room, but
hearing loud words returned and saw the men
throwing glasses OF beer at her husband, who stood
behind the bar; he was wet from the beer ana told
them to keep quiet and leave the place; Patrick
Mccain, then present. asked the witness for beer,
and two others asked the prisoner for beer, which
he gave them; they drank the beer and re-
tanned the glasses, which the prisoner took
from them; one Of the men went to the end
OF the bar, followed by Patrick McCann who
said, "what the he'll do you make this muss
forT' they then had some words, when Patrick
McCann threw glass at the prisoner ana tried
to get behind the counter which the witness en-.
deavored to prevent; the others then reached over
the BAR from under which they took glasses and
threw at the prisoner; the witness then, becoming
alarmed for her own safety, attempted to get away,
when she was struck oy chair In the HANDS OF one
OF the men; general confusion then prevailed, dur
Ing which the shot was fired, and deceased FELL he
got up.
STAGGERED TOWARD THE DOOR
ana disappeared; man then ran IN with half bar
rel and threw 1t at The prisoner. who was hit by IT.
the man then ran out and the witness saw deceased
lying outside the door; when she returned she saw
Patrick Mccain. with large carving knife, endea-
nv IN VAT n Tra rfo Had .lpDf.e
and the officers soon came; heard two other shots
fred and they seemed to come from behind the bar;
nearly all the glassware behind the counter were
broken by the rowdes with chairs bottles, &C.; the
Mccain had been there two weeks before and made
disturbance In the place; did not pay for the beer
Susan O'Connor living at 500 East Nineteenth
street, over Mr.. Ozab'S saloon heard shot, and
running down. saw men throwing glasses thick
and fast at Ozab behind the bar: she tried to make
peace and spoke TO Patrick Maher, then present.
who went away; heard Ozab repeatedly say If they
THROWING CHAIRS AND BOTTLES
ne would be compelled to fire on them; they kept
on throwing chairs and everything they could get
SO that the gas escaped into the room;
turned around and saw Patrick McCann win
the witness then knocked the knife of his hand
the witness believes that what Ozab dld IN
shots fired from behind the bar; heard Patrick Nc
Cam say he would murder Ozab set his place on
uIe, tue WlIneSB went up stairs, ana when she re-
turned OZab and others were arrested; deceased
was taken to drug store; Ozab remained behind
the bar all the time.
Mrs. Julia Kunke, OF 3O5 avenue A, testified that
hearing noise IN OzaD's saloon, looked IN and
saw men throwing bottles and cna,rs at Ozab then
behind the bar, and then heard shot fred.
Michael II. swift, an 0flcer or the Eighteenth pre-
cinct, testified that after the shooting he was in
Ozab's saloon and was told by him he mad been as
Saulted by some roWdieS and fired upon them; he
said Patrick McCann was one OF the men; arrested
Ozab and McCann and sent them TO the station
house.
Captain Cameron, of the Eighteenth precinct
testified mat when OZab was brought to the station
house after the occurrence he hau cuts ana bruises
Oh his head and face which, he sad, he received
by some rowdes VINO assaulted hun II his place; he
ADMITTED
DIsCHARGISG A PISTOL
AT tnem; at the station house Ozab preferred a
charge OIL fel0nlou5 assault and battery against
Carly. ~
Several other witnesses were examined, but the
testimony elected failed to throw any additional
ngnt on the matter. Some OF McCann's friends
WHO testined TO being present ut the time OF fhe
tney saw and heard nothing except the firing by |
Ozab, whom they believed nd so without proyoca- |
ton.
DR.. Cushman, who made post-mortem examIna-
t0n testified tnat the gun-sllOt wound In the head
was the cause OF death.
The case was then given TO the Jury who found
"That the deceased, Peter McCann, came to hi,
death by pistol soot wound at the hands OF Joseph
OZaD, at sos avenue A. on the 26th day OF lime
1871: and we believe that the said Ozab discharged
the pistol In self-defence, believing his life 10 be IN
imminent peril"
Mr.. Ozab was thereupon discharged from custody
ana received the hearty congratulations OF his
friends.
Mr.. Knitting appeared as counsel for the accused
The persons VINO had been arrested as witpesses
we're also discharged by Coroner Schirner.