The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-13
SAVED FROM The GALLONS.
THE SIXTEENTH STREET TRAGEDY.
McNevins' Sentence Of Death Set Aside
Through His COunsel's Efforts
Fifteen Months in State
Prison Instead.

A tragedy was enacted on the morning OF No.
vember 20, 1870, as finale TO q feud OF long
standing which had existed between two factions,
known as "McNevlns' and 'Hnes'" crowds, both
OF the notorious Sixteenth street gang. The night
prior both parties with their respective friends met
at Feary's liquor saloon, In East sixteenth street,
where James Hines asked Willie McNevins to take
drink. McNevns made some reply and said, II
have 1t In for your BROTHER" pointing to Edward
Hines who was standing at the bar. Jim Hines
then wanted TO take his brother home, but when he
got him outside McNevins followed and struck
Edward Hines on the side Of the head. The latter
turned around to see from whence the blow came,
when McNevins. who was standing but three or
four feet then from him. discharged the contents
OF Of the barrels OF revolver at him, the ball
taking effect In Edward Hines stomach McNevins
hereupon instantly stepped back ana shot twice at
Jim Hines, one of the balls entering the fanlight OF
the store the other taking effect IN Jim's hip.
Edward Hines was Immediately carried to Belle
vue Hospital where
HE DIED NEXT MORNING,
and McNevins was arrested, committed to the
Tombs and indicted for murder in che first degree
On the 22d or May, 1871, he was arraigned in the
COURT OF GENERAL SESSIONS
for trial, Recorder Hackett presiding. The people
were represented by Assistant District Attorney
AiRernon 8. Sullivan, and fully proved the forego-
ing facts. Mr.. William \. Howe looked after the
interests OF McNevins but after four days. trial,
when no legitimate defence could be shown on
McNevins' behalf, verdict OF guilty Of murder in
the Arsr degree was found against him, and the
Following sentence was Pronounced by Gun.
ming =. Bedford, City Judge.
ylc.sa of The %urdsr Edward lasssd
prosecuted, and, think the evidence rgheOusy
ssa q se ' ~s go
to hike a s sndeoan w e oS %uo
% a. ss % rial Ts
crsdG;y and The Jury Guas asaps SOn now
ny NE a%e ceu % that %Sm
S sr Ike e. he o
s.3 10 be % kept s he ns sad un oa SS
are dead. and may God have mercy on your soul
The death warrant was then read by the Clerk
throughout Judge Bedford's remarks, was removed
to the TOmbs; but before the lapse OF DAY his Ind
fatigabe counsel Mr. Howe, applied to the Supreme
AwRIr OF ERROR
nsl,ce Ingraham. thereby CARRYING the case to the
General Term OF tue supreme Court Ills case there
was argued before the Iull bench OF the Supreme
Court, when the conviction was reversed and u new
trial ordered
Yesterday the case again came up for trial In the
represented by his able counsel, Mr.. Howe, who
suggested that nasmuch as the previous conviction
nau Deeu SCI asluc DlStTlCb AtLOrney cOulQ not
look for verdict OF murder In the first degree and
tbereupon proposed that McNevns should nterpose
plea OF
GUILTY OF MAEsLAUGHTER
In the third degree. After some discussion 1t
was agreed that the plea should be accepted,
and McNevins, who Is q clean-shaven, bright-look-
ing young man, was then arraigned at the bar.
Alter McNevins plead guilty 20 mansauehter In the
third degree he was asked by The Court what he he'd
to say why Judgment should not be pronounced
against HIM, when
MIR. HOWE AROSE AND SAID
Nav It please Your Honor, In mitigation OF punish
ment have TO say tnat 1t has been developed that
short time prior to this sad occurrence the deceased
attacked the prisoners mother and beat her unmer-
cifuliy knocking out several OF her teeth. Captain
teary Of the Tweny-rst precinct Is IN Court W tell
Your Honor what
NOTORIOUS RouGE
the deceased was, and the dangerous CHAR
acter he sustained as prize 6gnter and
hand, I submit anidavits from most repu.
table citizens and employers OF McNevins. who show
his reputation for peacclulness ana quietude. The
General Term, too In Its opinion reversing the
just verdict OF murder, said that verdict OF man-
slaughter In tine fourth degree might nave been
found. Taking oil these facts into consideration,
and also that good priests under whose pastoral
care McNevins has been since his infancy, spoke
TO the learned Judge on MS former trial in his
behalf | am OF the opinion thai the interests Of
justice will be subserved by the m1ictiOn OF light
sentence the prisoner having already been confined
over seventeen months
DEATH AvERTED.
At the conclusion OF MIR. Howe's remarks-whicn
were listened TO with much Observation-Disclosures
Hackett sentenced McNevins to fifteen months I'M
prisonmen In the State Prison, ana he was speedily
removed from the court room, and seemed greatly
reoiced at the fortunate termination OF his case.