The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-23
THE AVENUE A HOMICIDE.
Trial Of William H. McNevins Charged with the
Murder OF Edward Hines-Tsstimony for
the Proseoution-1he Case to be .
Resumed To-Day.


After few unmportant cases were disposed OF
yesterday in the General Sessions, before Judge
Bedford, Assistant District Attorney Sullivan moved
for the trial OF
WILLIAM II. M'NEvINs,
indicted for shooting Edward Hines on the 27th OF
November, 1870. The prisoner Is Young man, and
occupied seat beside his counsel. As the occur
renee TOOK place some time ago. the particulars OF IL
were not fresh in the minds OF tho jurors 80 that
there was
NO DELAY IN EMPANELLING THE JURY.
After they were sworn Mr. Sullivan opened the case by
stating the facts which he intended to prove to sustain
the Indictment 1t appears that an ARRAY took place
on the evening in question In East Sixteenth street,
near avenue A, at the door OF drinking saloon kent
by William Creary, where Hines tthe deceased) his
brother and other parties went in to take drink:
that subsequently the deceased was endeavorlng to
get his brother James home and while on the side
walk McNevns struck the deceased blow upon the
head, and when he turned around to see who struck
1t the prisoner fred revolver and the shot entered
the stomach Of the deceased.
THE TESTIMONY.
James Hines, the brother of the deceased, was .ho
nrst witness called. He testified as folows:-I re-
side at 2eS Atlantic street, Brooklyn; am horse
sheer; on Saturday evening November &c, came
over to this city with my brother and Edward Dono-
hue and went to my uncle's Philip Owens, 254 West
Twenty.seventh street; from there we went to the
corner Of Sixteenth street and avenue ana invited
lew friends TO take drink: this was the saloon OF
Peter Curry; we me! Thomas Murphy ana John
then we az to the
between avenue A and FIRST aieii,ie, and saw
McNeylns, the prisoner IN there. arriving about
drink; he accepted the invitation and then went
into the centre OF the door and said he mad it in Tor
brother called up have drink and the prisoner
drank; my Oroiher the deceasedl then wanted to go
nome ana wanted TO iake me along with him. re:
stood With my back up against the shutters Of the
next door, the deceased holding me by the lapel Of
the coat William McNeyias came up and struck
MN with something on the side OF the head; my
brother turned around. and as he did got shot In
the stomach by McNevns, who nred shot from
revolver; he was about three feel from INN at the
time did not hear the deceased say anything to
the prisoner before the shot was fired; my brother
said, 'Jimmy, am shot," the prisoner then said,
''Sand back, have got one more for you, Jmny:''
followed hilo up ana he fired a shot, woundlng me
IN the thigh; then ne fired another which went into
the fanllght OF the door; the prisoner then ran
1t away from me; ii was IN my hand when McNevins
struck, but my brother pulled 1t out OF my hand rs
he got struck; It was open; this is the knife prsduc
Ing i'll which my little brother, WHO is now In Troy,
found IN my deceased brolhers clothes; lsaw the
wound In the stomach OF Tie deceased he was
taken 10 the station house and IRON there TO Belle
yue Hospital where he died the morning after.
TINS witness was cross-examined and contradict
Coroner he admitted that he did not say word
about the accused saying II have 1t In for your bru-
produced In any COURT II was brought from Troy o
few days ago by my sister; swOre before the COrO.
ner that did not know whether We (tneaning aim
self and br0ther) had knife or not but might have
had one; swear positively now that this Is the
knife MY brother had that night. Upon further
cross-eXaminalion the witness said that he supposed
that was the knife his brother had in hts hand.
titled that he lived IN Brooklyn and was with the
deceased and his brother upon the night OF the
shooting; the party drank twice In this saloon and
no angry words pas ed between any OF them; James
Hines and his brother walked out first and the wit
ness after them, MCNevins ut this time being
In the back room; witness and the deceased
tried to bring James Hines home, he being
intoxicated; while they had him up against the
shutters the deceased SAID James had q knife;
McNevins came out to the door OF the store, and
then went about six or seven feet behind the de.
ceased on the sidewalk and struck him on the side
OF the head; the deceased put his hand to hs head.
whereupOn McNevns jumped back to wnere he nrst
stood ana said nothing, but shot him with re.
volver; saw the pistol IN his hand; then McNevlna
fired another slot, but 1t did not hit anyb0dy tho
prisoner then told the brother OF the deceased to
step aside that he had another one left for hims
James stepped aside, and he lthe prisonerl fired 40
him; the prisoner ran away he did not say anything
OF the time or the shootng after the third shot was
fired q man named McNally came out TO stop the
shooting.
The court then adjourned. This case will probably
occupy the whole or to-day.