The New York herald., 1871-09-27
M U r D E r S


Coroner Schiruper Makes an Investigation
Daniel Foley Committed 10 the TOn'bs.
Coroner Schlrmer yesterday morning held an in
quest az his olce In the City Hall, in the case OF
John O'Bren late OF 1853 Elm street who, early last
Sunday morning, was fatally stabbed TO the heart
by Daniel Foley. with whom he was engaged In a
quarrel, the particulars OF which have heretofore
been detailed In the HERALD.
Below will be found the most important facts
developed by the testimony ana the verdict OF the
jury
JAMES oBRIEN
OF l63 Elm street, deposed that deceased was his
brother; deceased and myself boarded with Mrs.
Hogan, at the above number; about ten O'Clock on
Sunday morning the witness awake In his
room when he heard Daniel Foley, who occupied
the room adjoining, come IN deceased said, Good
morning, Mr.. Foley, / see you very FULL"
Foley made some remark, when deceased got
into bed, and alter a few minutes Foley said,
'rhe U'Bren's are polished set and so are
the B0hen's," and also made some further remarks
about John B0hen when deceased got up and ell
tered FOleys room; deceased said, "Foley, don't
want any insulting remarks about my relatives;"
Foley said something In reply which was not under
stood, when deceased struck him on the cheek with
the open hand and Foley fell on the bed, when de-
ceased struck him again with his open hand; Foley
said "Dont do tnat, john" and deceased asked
Foley why he had spoken disrespectfuly of his rela
tlves and Foley SAID he had not done so deceased
"If you was not an Old man l would
witness and deceased then said to Foley,
Foley left the house, returning again In
ten or fifteen minutes, and after entering mis- room
said, ''JOhnny, knew your father, ana you had no
right to strike me;n after calling TO deceased seve
raj times to come out OF his room Foley came out OF
his room on to the landing and called out "i'll fix
you Tomorrow" at the same time saying he had
better not come out as he would FIX him anyhow;
they then began to scuie and the witness then
heard deceased cry out 'l'm stabbed" and ran
with club and struck Foley two or three times with
i on the e witness nea en- ran G nG ana
streets; he died soon afterward.
PATRICK MURPHY
room mate OF ioey testified that he was at home
TO him, "Foey you are as fu as lord;' this the
laner denied, ana soon commenced abusing
he was slapped in The face by deceased and fell on
the bed; deceased then slrlick hun again: Foley
resumed his insulting remarks; Foley soon went
out, and II was believed ne had gone 10 the station
house to get warrant when he returned he and de-
ceased got into another quarrel and deceased cried
out, pm stabbed" and | saw Foley immediately
anerward with knife In his hand; he closed the
knife and put IL In his pocket.
ALBERT W. BANTER
was sworn, ana confirmed the testimony OF the
other witnesses In every important particular, and
IN addition stated that he saw Foley's arm eXtenied
IN the direction OF deceased but saw no knlIe IN MS
hand.
stab wound or the breast was the cause of death.
Coroner Schlrmer then submitted the case to the
jury, who rendered the following
VERDICT:
"That John J. O'Bren, the deceased. came TO his
death by hemorrhage, from stab wound OF the
heart inflicted by u knife III the hands Of Daniel
Foley, at 1853 Elm street, on Sunday morning, Sep
tember "a, 1S71.n
Foley, who had a pair Of black eyes, was then
formally examined He IS between tiity and sixty
years or age, and native OF Ireland. lie said:-"L
am not guilty OF the charge preferred against ne;
used the knife in selt-defence.n
Foley was then committed to the Tombs to await
his trial. None OF the witnesses were detained.
Mr.. John Horton, manufacturer OF gas fXturcs
620 Broadway desires us to state THAI Foley was not
an incorporate man. He has been in his employ for
ten years, and he did not have workman that
was more sober than Foley lie was not "drnk
ingh on Saturday, but was IN his employment until
half.past four O'Clock In the afternoon.