The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-23
THE SECOND AVENUE HOMICIDE.
Coroner Young's Investigation Murphy Held by
the Jury-Motion to Admit Him to Bail.

The fatal shooting OF David Barry in Ryan's porter
house, at late hour last Wednesday night, by Da-
vid Murphy, yesterday the subject OF investiga
tion before Coroner Young at the City Hall. The
testimony OF the witnesses was somewhat conflict
ing, but there was difference Of opinion as to
who fired the fatal shot. Even Murphy himself did
not deny the shooting but claimed that he was
compelled to use the pistol in defence OF his own
life. Below will be found synopsis Of the evil
dence:-
David Crmmins OF 1,l3e Second avenue, deposed
that he was acquainted with deceased and also the
prisoner; saw deceased late last Wednesday night
in Ryans liquor store, corner OF Sixteth street and
Second avenues the prisoner, his brother, Mr. Ryan,
Shine and the witness were there; prisoner
said to Barry, You went out for a party to beat
me = Barry denied 1t and they came to blows, dur
Ing which deceased struck prisoner; Murphy was
pushed behind the bar and had pistol in
his hand; Murphy went from the bar to
the door, T. gaGry 10 ms
front door; Murphy then walked away, followed by
the witness, who told If he did not go away he
Murphy would shoot him; Murphy, without max
ing the slightest attempt to escape, went to the
station house and gave himself up to Captain Gun
good friends; think the pistol was not more than
eighteen inches from Barry's head at the time of
the shooting; was not In the barroom at the time
the difficulty commenced; no one was assaultng
the prisoner at the time he shot deceased.
James Ryan, bartender for his brother, corner
that the prisoner, his brother John deceased and
stranger were In the place, when the latter treated
deceased and the prisoner had dinicmy when
minis and one or two others, after which the quar-
SeYvo. '""wed, but don't know who commenced
It; Crimmns took :. was told to mt IL away:
p asr sqV sSs out Ds sa Of Bic snS then
witness heard pistol fired; then sae prisoner and
for an oeeI ana closed sas gses Saloon that
DECEASED did not Sssnk s""
they came into az party were Intoxicated when
-o1tn ~ . not policemen enough in the Nine
swa"rc ecinct to protect the citizens; witness
that at the time prisoner went from the bar
~ ..ie door CrimminS was nearly twenty feet from
Michael Blote, of 800 East Sixteth street. was in
the pistol was fired the witness was on his way to
the station house for policeman, at the request of
Mr.. Ryan; saw pistol In Murphy's hand.
John Murphy, q brother OF the prisoner, living at
$50 East Fifty ninth street, deposed that he was at
Ryan's place last Wednesday night, with Others
and played cut-throat game of euchre; later the
prisoner came In and he and Barry had quarrel
being separated, Barry, by request, went out, but
renewed, during which the witness heard pistol
fired, but did not see who discharged IT.; saw no
blow struck; when the witness went outside, after
the shooting he went home; heard Crimmins say
to the prisoner, on sidewalk, "Come with me-" and
David Murphy the prisoner was placed on the
stand and testified that while In Ryans saloon last
Wednesday night he and deceased had quarrel,
better let me alone or will hurt some OF you;"
they then made another assault on the witness,
when he fired the pistol but without intending to
hit any one; or two of the men had hold of the
prisoner ut the time he fired the pistol; after the
shooting went to the station house and gave him
self up to Captain Gunner.
The Captain being called testified that the prisoner
surrendered himself and said captain, have shot
man corner of Sxtieth street and Second ave-
nue had to do 1t, as three or four men were beat
ing me;' Murphy at the same time gave ANAL
pistol to Captain Gunner; In the station house
Crimmins, who followed Murphy, said that Murphy
had threatened to shoot him.
Deputy Coroner Marsh, who made postmortem
examination on the body testified that he found
pistol shot wound the left ear the bullet pass
ing through the brain and was found lodged in the
skull the wound was the cause of death.
Coroner Young then submitted the case to the
jury who found THAT David Barry came to his
death from pistol shot wound in the head with
pistol in the hands OF David Murphy at the corner
of SiXtieth street and Second avenue on the night
OF the 18th Of APRIL 1872"
Murphy Is twenty-three years OF age, born in Ire
land, and a car driver by occupation. In relation
to the shooting Murphy said Il did it in sef-dc-
fence"
Mr. Abe Hummel counsel for the accused, on
the finding of the jury. made motion that his
client be admitted to bail, as the evidence showed
that the offence nothing more than homicide in
the third degree The Coroner denied the motion
till after consulting with the District Attorney.
Murr INV than ttad tn fbn tn