The New York herald., 1871-03-15
TIE SCHMIDT EUREeR CASE
COMMENCEMENT Of. THE KQulsITIoN'
Examination of Witnesses-Five Prisoners
Observation-Disclosures or the Inves-
tigatiop-A Crowd Of R0ughs.


largey represented at the City Hall yesterday TO
witness the proceedings before Coroner schirmer In
the case OF Israel Schmidt, the young German VINO
was brutaly murdered In the saloon OF his brother,
Henry Schmidt, Sl5 First avenue, early on sunday
evening" the 9Th nst as previously published In the
HERALD. The man who fred the fatal shot doubt
less was Thomas whelan, VINO unfortunately made
his escape and is still at large, while the men
with nm-Edward Farley. Thomas McCarty, John
Maner George Murtle and Patrick Murray-were sub
sequently arrested by Captain Gunner and oflcer
Lambrecht, OF the Nineteenth precinct. The prison.
ers, who are hard looking customers, range from
eighteen to twenty-five years Of age, and some, II
all OF them, well known to the police. Cap
tain Gunner had the prisoners in court at the hour
appointed, and q force OF his men were present to
Keep the crowd OF roughs In proper supJection
Counsellor Abe Hummcl appeared for the defendant
Maher while Mr.. Knitting represented some of the
other prisoners.
THE TESTIMONY.
Anna hermann OF No. ele First avenue, deposed
that she keeps lager beer saloon; on Sunday of
last week party OF hve men came TO my place and
wanted beer, and gave IL to them; later IN the day
they came again and wanted more beer, but / re-
fused them; they became noisy, ana apparently
were under the influence Of liquor; William Flynn
and Rinaldo Philips whom see here as prisoners,
were not Of the party who came 10 my houses 1
heard noise. and looked around and saw them
carrying away keg Of beer; when they saw me
they dropped the keg OF beer; recognize the pr
Roners George Murtle and John Maher as being In
the party who came to my house, but cannot ay as
Sophia Schmidt OF Forty-seventh street and First
avenue. was sworn, and testified through an inter-
Sunday afternoon OF last week party OF seven men
came into my place; identity five men present as
door; stood at the bar at me time; tEev acted as
though they were drunk, and asked for beer, and
outs Out and the other other two renamed one sea Standing
against the bar and the other going into the back
my husband; one OF them took up q match box as II
TO strike my husband, when deceased made him put
T. down @ again they had no quarrel previous to this;
LParick Murray promised to pay the next day, but
my my n husband "a, s said that would not do as he
glasses, and she took glass away from one
OF them; the one from whom deceased took the
match box struck at deceased and hit HIM on the
eve; that man Is not present; four Of the then
rushed on deceased, who fell hack from blow; one
OF the men then put his hand back under his coat;
Francis Bartung, butcher, who stood by, asked
them to keep quiet when the man who fired the
would snoot him. but do not know that he
then showed showed pistol: that man is
IN running away was stabbed In the back by the
prisoner McCarty; at about the same moment
pistol was shot; saw blood; deceased was s' in a
STOPPING posture when he was shot, as II TO avoid
fred the pistol II saw MIN asaln; followed the
men on the sidewalk: one OF them took a bunS
starter with him to the sidewalk deceased was M:
several doctors, who attended him TIL his death,
which occurred occur @ on Thursday Of last week; did not
see knife In the hands OF McCarty and do NOT
know for certain whether he stabbed Bartung.
Henry Schmidt brother OF deceased, teslined-On
last sunday week about six O'Clock P. M young
men came into my place and asked for drinks and
gave ,S them The drinks but they did not pay one
you don't pay cannot that IS not the proper way
a So business" the men then be ame NOISY. and on
m lnnu e,.ap uvan
toward the back part OF .hc store when they
advanced and two OF them took up glasses; my
Dfother then advanced when lie saw the glasses
taken up and one OF the men struck him in the face
and ne STAGGERED back; & next heard shot almost
fred the shot; stood back thinAlng they would
who eSs s n @ @ Is 20 @ @
shot was fred ! recognize George Murtle. Patrick
Murray and John McCarty as certainly being present
IN my place at the time OF the shooting.
Francis Bartung, 402 East Forty-eighth street,
butcher testified that last sunday week he was IN
MIR. schmdts place, when the party 0: seven came
IN; recognized the prisoner McCarty as one OF the
men VINO came la; they had drinks, for which they
bill the next day hard words were some Of the
number left, and the Others commenced fighting
with deceased; one OF them struck deceased blow,
when rose up from my chair and foilowed: two
men went towards the back room: these men
were McCarty and another man. who Is not here;
the man not here held revolver towards deceased,
ana then turned my back towards the man. at
report OF pistol; after the shot was nred was
stabbed, as suppose by McCary; the man VINO
DTeh TIE SHOT ran out: was STABBED IN the back,
and ! saw McCariy 1un out last; saw deceased fall
alter he was shet; deceased did not strike any Of
the party; ! stood al alone at the time was
stabbed did not say that saw McCarty hold de-
ceased down AT the time he was shot, did point Nc
Carly out lto the officers as Of the after his
arrest; said should be able to recognize one OF
the men II saw him, but shoula not be able to re-
cognize the man who fired the shot OF any OF the
Others.
Dr. Rube, of Second avenue. testified that he was
called 10 See DECEASED after he was shot; found
bullet had passed into the Drain beyond the reach Of
probe; attended him till he died thursday last;
Adoipn Calm Of No. ss0 First avenue. was In Mr..
Schmidts place when the seven men entered and
OF The prisoners present as the men / saw IN
Mr.. scbmidrs place; deceased got up from
Murray struck deceased In the face and went at
deceased's brother; Murray and two others had hold
heard the report OF q pistol: saw pistol in the
hands OF Whean and he also pointed the pistol at
after he shot deceased as he thoughtl might get
hold OF it,
! SAW wHELAN FIRE THE PISTOL;
then heard Bartung cry out, "Im stabbed:" saw
revolver In Whelans hands as he reached the door |
10 60 out; know wnelan and can recognize him |
again II should see him: did not see any one OF !
the drinks; was two or three feet from deceased |
at the time he was shot
ne was in schmidrs place at the time OF the trou-
pie neard some one say, Fire, and heard the re.
ers as the men / saw in the place.
Thomas o'Connor, Of No. 4Os East Fourteenth
street. was sworn, ano te5tlned that he was In |
Schmidrs place; heard dlfnculty aad some one
said, Fire" but don't know who It was don't |
think could identity the man who fired The pistol
don't know any Of the prisoners.
Onlcer Philip Lambrecht, or the Nineteenth pre-
cinct, testified that ne heard that man had been
shot "a another one stabbed In First avenue, ana
went there; no one there seemed to know who did
u; later, myself aud ofcer McGowan went down the
avenue and saw two men talking togethef; 369 was
o oarkeeper one OF them Immediately walked away,
he was identified 81 Mr. and Mrs. Schmidt as Nc
va, n,t ne ,sn zen sad y was there don't deny It.
the saloon which the prisoner saio belonged TO MIN:
M.hsr ssree &c O'CLOCK In the morning arrested John
afterwards arrested George Mur,le ami
es, ne SAID, II teLl you nothing:n all the
prisoners were subsequently questioned sinCv ana
admitted having been IN MIR schm,dt,s u,ace ~ can @
tam Gunner. officer McGowan and myself; tie
Prle0ners are named Edward Farley. lanes |