The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-27
HOMICIDE IN SECOND AVENUE.

Trial OF David Murphy for Shooting
David Barry In Liquor SalOon-Testi-
mony I'm the Case-The Recorder to
Charge the Jury This Morning.
Yesterday afternoon David Murphy was called to
the bar OF the General Sessions, before Recorder
Hackett for trial upon an indictment charging him
with causing the death Of David Barry on the 18th
of April by shooting him in the Head with pistol.
Assistant District Attorney Stewart prosecuted ana
Mr.. William F. Howe appeared for the prisoner,
who Is young man Of not very prepossessing ap-
pearance. There was not much difficulty In obtain
ing an impartial jury, owing to the fact that the
occurrence which resulted in Barry's death, took
place in liquor saloon and was similar to
those ARRAYS which almost nightly in this city.
As soon as the jury was sworn a recess Of half an
hour was TAKEN after which Assistant District At
torney Stewart opened the case for the prosecu-
ton. He said that the evidence would show that
the prisoner approached Barry, who standing
at the bar of a drinking saloon kept by Patrick
Ryan, in Second avenue, and said something to
Barry for Offering his brother liquor; difficulty
ensued and some bystanders separated them.
Barry left the place and Immediately after Murphy
followed him, took deliberate aim with his pistol
and shot him dead on the sidewalk.
The first witness examined was David Crimmins
who said he was bricklayer, and knew the prisoner
and the deceased; Barry was killed on Wednesday
night, April II, in the liquor store kept by Patrick
Ryan, at the corner of Sixtieth street and Second
avenue; about halfpast eleven O'Clock he Grim
mins) and a man named DAILY went in there upon
Barrys invitation to take glass OF ale; the prs-
oner, his brother and the bar tender in there;
the prisoner was leaning on the bar, and said to-
Barry, 'You went out to fetch in crowd;' Grim
minis was talking to the bartender, and, hearing q
quarrel, turned round and saw David Murphy and
Barry exchanging blows; he caught hold of
Murphy and took him around among the barrels
bleeding and Barry was also bleeding profusely; az
ter Barry and another man got outside of the door
the prisoner asked Crimmins to let him go, saying
81 did not mean to do anything;n the prisoners
brother said, "For Gods sake take the pistol away
ny ana IN Of snsm the pistol IN MS e M tna
prisoner seemed to have cooled little; Barry had
gone out Of the door; Murphy walked towards the
door and opened it, followed by Crimmns; as he
opened the door, Crlmmns saw Barry standing in
front Of the door, and directly as Murphy opened
as soon as he fred he walked out Of
him dead In the station house quarter OF an hour
afterwards; the next day he saw that the ball hit.
tine IN the @ ear Mr. SAID aoW ns tSs ok
ceased did not urge MIN to go in and .1ickr Muir
ply and did not know OF previous fight between
James Ryan, the bartender testified that there
had been quarrel between Barry and Murphy pre-
vious to the time when Crlmmins and two other
men entered the barroom; the witness was behind
the bar when the second scuf,e commenced, in
which all the parties seemed to participate; Grim
minis had separated Murphy who said to him, ut is
all right now;' afterwards Murphy went towards
the door and was standing on the sill when the shot
was fired; the witness did not see the shooting.
To Mr.. Howe-Murphy said to Barry when he re-
turned after being beaten by the deceased, you
have fetched in your crowd"
Michael Butte gave similar account OF the
affair.
Captain Gunner testified that he saw the de.
ceased lying dead the of Sixtieth street,
and Second avenue, and had the body removed to-
to the station house; He said that the prisoner
came and delivered himself up and, In answer to-
the counsel, stated that Murphy was not peace
able man, but had been arrested for disorderly
duct.
Counsel admitted that the deceased came to his,
death by pistolshot wound inflicted by the pris-
Oner.
THE CASE FOR THE DEFENCE.
Mr. Howe In opening for the defence, said that me-
would show that the prisoner was very. badly
going out OF the barroom, two men resumed the
attack; and believing himself to be in danger,
for there was no malice. He claimed verdict OF
justdable homicide; or, II they did not believe the
prisoners version of the ARRAY the highest verdict
they could render would be mansaughter In the
third degree.
Daniel Murphy, the prisoner, was called, and said
that he had been arrested two or three times
for being drunk and disorderly; was a driver
by occupation; on the night In question he went
drinking whsSey he asked why n don't yoa
drink ale or ciderf Barry, who was at the bar,
said, .'what business is 1t Of yourss' The prisoner
Barry went out and shortly returned with Grim
minis and two Others the deceased renewed the at.
tack, assisted by the other men, who crowded him
against the barr he (Murphy) pulled out his pistol,
to save himself, not intending TO shoot anybody.
station house and delivered himself up to the Cap
tain. In answer to juror the prisoner said he>
carried pistol, because he had to return home by
q lonely way at night
John Murphy, the brother of the prisoner. testi-
fed to the quarrel in the saloon. He heard but did
not see the shot fired but in reply to a question
put by the Court, he said that there had been no,
fighting for two or three minutes before the shoot
ing
Mr.. Howe declined to make any speech, simply
stating to the jury that under no circumstances
could they convict the accused of murder. The
highest verdict they could possibly render was
that OF mansaughter in the third degree.
Assistant District Attorney Stewart commended
that the killing OF the deceased was unjustnable;.
and II they believed the testimony OF Crimmins,
they ought TO render verdict OF guilty Of murder.
The Recorder will charge the jury this Thurs
day. morning.