The New York herald., 1871-04-19
POLICE KILLING.
Trial. Of Policeman Toomey for the Alleged Kill
ing Of John Murphy-0pening State
ment for the Prosecution.

terday crowded. as It always is when trial Of
more than usual interest attaching to the ordI-
nary, and indeed, TOO frequent cases OF burglares,
fraud larcenles and assaults and batteries Is on the
days calendar. Not only the large court ROOM
but the Railways and approaches thereto, had
their usual amount Of roughs hanging AROUND,
waiting, with morbid interest view OF
the accused as he Is brought into court
and returned 10 his cell In the Tombs
during the continuance of the trial. OF course the
fact that 1t one OF the supposed sworn repress
OF their class that was on this occasion to stand
berore jury OF his countrymen, charged with q
brutal excess OF mis- authority terminating In the
death OF fellow being, had than usual inter
est for these contemncrs OF all law and order. II
was to these roughs sort OF extenuatlon or pallia
ton TOR their own lawless msdeeds to find sworn
officer standing at the bar charged with such Vo-
lence to an unorending man as they themselves
might be ashamed Of
Recorder Hackett, having taken his seat at the
usual hour, and some lighter business having been
disposed Of the case Of the people against
POLICEMAN PATRICK TooMEY
was called OH. The prisoner, police ofrcer OF the
Fourth precinct, Is charged with the killing OF John
Murphy, a young man not quite nineteen years old,
his counsel, Mr.. John Anthon.
There was very little difficulty experienced IN
obtaining jury, only few being rejected in
quence or having formed an opnlon upon the case
from what they read IN the newspapers. The Iol-
lowing
were sworn to try the indictment:-Edw 7.
den Barak G. Coles, Charles II. CoomDe, Corrlngton
A. Fuller, james T. Young. Gilbert J. Bogart George
M. Dickinson Joseph P. Flynn, James NJ. Cromwell.
emDauplled
hour was taken, and upon the reaSsemDlilg OF the
court IN The afternoon District Attorney Garvin
made .
OF the testimony he would adduce against tho
accused He said the reason why this case was
called on for trial at this early day was that the
prisoner officer OF the law, and the citizens
whether a public officer had the right to do what
the prosecution would show that the prisoner did.
IL ne suS shSua Se speay
would be shown that at eak Of day on
ns @ Of tae m % March 'o
street, and was arrested by Toomey, who called
three policemen to his aid Whe they were carry
struggling ana protesting that he ought not to be-
brought there. the prisoner struck him three or
more blows with his club on the stomach. After
receiving the blows he became quiet and ceased to
speak, and short time after his arrival In the sta
Sr Garvn sso tnat s Believed in susanns puSo
officers In the discharge OF their duty to the fur
therest extreme, but when they went outside OF the
for their acts ike any private citizen.
THE TEsTIMoNY-THE MOTHER OF THE DECEASED
ON THE STAND.
Catharine Murphy, the mother of the deceased,
was the first witness called by the District AttOr-
ney Sne saId enau Sne rssasa % az is senry streea
from work, ate his supper went ont about six
O'Clock and did no not AGAIN again see HIM alive; she went
O'Clock, and saw him dead; he was not quite nine-
teen years old.
TESTIMONY OF MATHEW HANLoN.
Mathew HanlOn, young man, testified that
Saturday night he met young Murphy In Hester
ing up Catharne street with William Daley and the
deceased, three-quarters OF an hour after he met
him, the prisoner said, stop that noise;" the
at the same time poklng him in the back with his
club, whcreupon the deceased made some remark
THREE OR FOUR TIMES
in the back while he was crossing the street, and
Murphy fell on the sidewalk: the prisoner raped
for assistance, and three officers came running
down from different directions; there was crowd
of flty or seventy-ive following, crying out
.'sHAME sHAME;"
the officers dragged nim down the street, and he
made a little resistance; the witness followed half q
block behind, and upon arriving at the station
house saw Murphy lying on the floor; the doctor
came In and examined MIN and said he was dead.
Mr.. Anthon cross examined this witness at length.
He said he had been to wake that Saturday night
In Fourteenth street and drank glass OF Bourbon
there and afterwards went to lager beer saloon in
Ninth street. where he met Daley and drank lager
and another glass OF whskey; three or four young
men were with Murphy when he met him, ana
Daley, believing that Murphy lived in Cherry street,
proposed 10 take him home because he was drunk;
the cluo room OF the Hester Coterie, or
party stopped at the corner OF Caharine Cherry
streets to sing, and then walked up to Madison
street, where they met officer Broderick and another
oticer, who told them to stop that d--d noise:
they stopped singing and walked up the street, but
soon resumed singing; officer Toomey told them to
he used insulting language.
William Daley, another young man. gave similar
TESTIMONY OF OFFICER BRoDERIcK.
Onlcer Broderick testified that between two
and three O'Clock on that Sunday morning he
was standing at the corner Of Catharine
and Henry streets, and saw three young men
going towards as East they
noise: Murphy crossed over TO the side where
olllcer Toomey was standing when ne Toomeyl
said go home out OF here, or III take you m;'
Murphy made some remark which the witness did
not hear; when between Market and Catharine
as quickly as possible: when he arrived at the place
he saw a large crowd congregated on the next
block, between Division street and East Broadway,
and he heard the
CRY OF "MuRDER, wArcH;-
the witness ran and asked 0fllcer TOOmey what the
ran the street and fell down; Murphy got up
and caught him by the neck; then he Tell again, and
Toomey said, "Let us take him down to the station
house," officers Broderick, Hughes ana Brown then
took hold OF Murphy and carried him bodily; when
between East Broadway and Henry street the de-
ceased kicked and struggled violently and said,
"Let me 60" whereupon the prisoner struck him
THREE BLOWS
in the nelghb0rhoOd OF the stomach with his club;
after that Murphy never kicked struggled but be-
came perfectly still; at the corner OF Madison and
Catharine streets the officers laid Murphy down to
change hands, young man came up behind with
cap, and upon telling officer Toomey tnat ne was
friend OF Murphy's he CoomcyI
STRUCK HIM TWICE OVER THE SHOULDER
and told HIM to 20 away; the officers carried Mur-
ply q little further, and hnding light wagon in
Madison street, they placed him In IT. one Of the
officers holding his head while the Others dragged 1t
10 the station house; officer Broderck felt Murphy's
pulse and discovered that IL was very low; when they
arrived at the station house oliicer informed the
sergeant IN command that The prisoner had used
Insulting language to q Seventh ward 0ficer; he
Murphy said nothing; the sergeant sent for
doctor, but Br0derick did not remain till he arrived
Murphy was acting disorderly, but there was SUM-
cient force TO take him without striking him;
Toomey struck no other blows than the three In