New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-12-07
THE COURTS.
AN Ex.AssEMBLYMAN AT THE BAR.

| TRIAL OF JAMEb lhNING FOR RESISTING MAX.
sIIAL DOwLEY-HOw HE ENABLED A RE-
PEATER TO ESCAPE PUNIsHMENT-JuDGE
PIERREPONT'S ADDRESS TO THE JURY.
The trial Of ex-Assemblyman James Irving,
indicted for resisting United States Marshal Dowley.
when in the discharge Of his duty, begun, yesterday
in tho United States Circuit Court before Judge Bene-
dict. Judge Perrcpont, assisted by Assistant United
States DsrictAttorney Purdy. conducted the prosecu
ton. and Judge Fullerton assisted by Charles Spencer
and Charles Donohue appeared for the defense Prom
neht among the spectators who crowded the courtroom
were many Tammany rouGhs and repeaters, who mani
tested deep interest In the trial. and disposed 10
ignore the dignity of the Court Before opening the case
Judge Pierrcpont, addressing the Court, said:
II is proper that should explain why have been
sworn In special United States District Attorney to
try this CASE The death of daughter has inflicted
his request have undertaken the trial OF this case.
Turning to the jury, Judge Perrpont continued sub
| stantialy as follows:
On the 9Th Of last November Deputy Gnited statcs
authority derived from the lave of the United States
Owen for te o. OF
rescued or assisted rescuine him from the custody Of
the Marshal The prisoners name is James Irving ne
ali heard Of jim irving. and, though ! never never
him until 20 snail more hc essd
Irving who had only few minutes before left MS
s aSoR e w g.
then came eask with his crowd and cried ont ITO neil
With that be Marshal Dowley In the face Knocked
him down. and ground his head beneath the heel OF n,s
been rccaptured Now, gentlemen this ~ an there IN M
this case and the only punishment for the crime Irving
has committed Is two years In the State Prison.
John Bernard testihed-I am Deputy United States
Marshal on Nov 6 I went with Deputy Marshal Dow
lev to Geoghegans liquor saloon at Avenue and Fiji
teenth-st.; Dowey had warrant for the arrest OF
Gcoghegan the warrant was issued by United States
Commissioner Davenport dhc warrant was here pre-
ted tn he is
one Marshal Dowcy had for Geoghcgan 1t is stained
with Marshal Dowleys blood; we went to Geoghegan's
saloon and sent a in for him Just then crowd
out OF the saloon. and went up Fifteenthst; man
out with Them and said good night !" Dowley and
went UP TO this man. and Dowley asked him if his
name was Geoghegan; he said. "Yes. it u.s."
United states Marshal and o%
then cried out, Jim! Jim Irving come back here is
rVn came with it and asked What t is ts ne
herei' Dowley replied Il am United staIes Marshall;
MARSHALL Xii the --;" then saw living strike
Dowley, and saw Dowley struggling with Irving and
(roiniinr to HIM: after Dowicy had sirmssrd few
minutes with Iryine and qoeancgHn rc,e1an cane
ground and carried him into drug store he was very
badly hurt, and he bled great deal.
in i ta I'm SS rGnpy
years election frauds The crosse xaInnaicn clHcd
when he Went with Dowov to Geoebc gan. During
The cross-exanil,on laugh Va; raised by HE Tam
bukcd Ivy Judge Benedict.
laTrcucc O'Bren. who was specially deputed TO as
sist Dowey In arrcstiDg Gcochegdn. tleu cXauiDd
His testimony c0rrOh0rated, substantially that given by
Bernard. and established the fact that Geoghegan was
rescued from the Marshal and that he has been seen
SINCE During the REORGANIZATION persistent, hut
lutlle, attempt was made to prove that DOWley and the
Marshals with him. when he went 10 GcogbcgaD,
were drunk Ii appcaIcd, however. that they al drank
little ale OF lager. Upon The redirect examination
OBren sworc that lie knew Jim Irving, aud that he
positive that hc SAW Irving strike DOwly alter he had
arrested Ge0ghegan.
John E. Dowlcy who is still very weak from his
wcufds testifcuI am Deputy C:el stats MARSHAL
been eph SINCE May. 1862 Nhc XaIyant tpr the
aJcst Of sHH5Sa rEA .-- Ia. ,.c,, wnes,)
recognize tins warrant; il given 10 Inc Oh Noy. G.
shall Bernard and Special Deputy Marshal O'Brcn, we
went TO Geogilcsans liquor store about nj sent
man to If Google gan was there; had hecn told
that GPoghc gan and Irving would lC there ahCIt pm.
saloon; then went away Tor a lew minutes
10 look for Il policeman; when came back OI"cn
pointed ont to me man who standing The
walk GeOChcgln; went 10 him told HIN was
his arrest; he eii YES yes come isie said, No.,
and told HIM that he could inside he was ny
pi soner then took hot OF Him; he cried out. Come
Oh. BOY = and give the United states Mar-li ht AZ
the same time M struck me two blows on the hra''
aforwdrd struck Y En- supposed Ia D. irving
that (lcre the wEess pointed to llViu Link is one
Of the men that struck me- bis face o,l made
quits that remcmlorit during tie str'&tl
that followed Gcoghecan oile side oi me, anu
living a. Oh other; had hod Of Geoghega when
recovered my senses and got up, was knocked down
again. kicked In the head. and HtabDcd III the cI'r"'
When recovered, found myself IL drut sore; "a"
severely wounded. and was Ill cdInE l!"">'IF; re-
ccived six wounds head: &. -, h-'n Was tai II
away .lu.n ne aud ha>" not seen hiln sietc.
A0gC i. vi ii d. III. Today.