The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-08
THE RECENT HOMICIDE IN TWEEN
TIETH STREET.
Coroner IIerrman's ry,, !.
Verdicts.

Coroner IIerrman's Investigat ~, !,
Verdicts.
Yesterday morning Coroner Herman investigated
the case of Bryan O'Conne the man who was
killed last Sunday by being struck on the head by a
heavy stonecutter's chisel, thrown by Henry T.
Dugan, OF 100 Seventh avenue. Dugan and his
cousin, Patrick Mccain, had fight in a stable in
Twentieth street, near Tenth avenue, and as
OConnell entered the stable door to see what the
matter was a chsel which Dugan had hurled at
Mccain for calling him lousy little bas-
tard struck 0'Connell on the head, fractur-
ing his skull and instantly reducing him
to insensibty from which he never rallied, death
ensuing few hours afterwards in Bellevue Hos
pital, whittier he had been conveyed. Five Of
the jurors held Dugan to be entirely blameless in
the matter. but the sixth Juror differed with his
associates in that particular.
A brief synopsis OF the evidence is appended
William LangdOn, Of 269 Tenth avenue deposed
that on sunday night he told there was a fight
in the stable in the stoneyard in Twentieth street,
Tenth avenue, and going In that direction met
deceased, who was partially under the in
nuence of liquor; they went together to the
stable, and deceased, on opening the door, fell back
inscnsble; saw stOnecutters chisel falling from
his head; he never spoke afterwards; saw Henry
Dugan there and one James McDool; heard Dugan
say he was throwing chisel at somebody not pres
ent and accidentally hit O'Connell.
James McDool testified that he was in the stable
when Dugan and Mccain came In and commenced
lousy little bastard, when Dugan picked up a
chsel and threw II at Mccain; at this time O'Con-
nell came in the door, and the chisel struck him on
the head; the chisel did not go near where Mccain
stood; Mccain and Dugan were friends and are
cousins; II was not unusual for them to come to
the stable on Sundays
Patrick Mccain was called, but did not answer to
his name, when II appeared that he had not been
summoned, for the reason that ne could not be
found.
Coroner Herman thought the Captain Of the
Sixteenth precinct derelct in his duty i'm
not making more vgilant efforts to secure the at
tendance OF Mccain, as he was an important wit
ness.
Henry Dugan was also placed on the stand
and stated that he and Mccain had some trouble
The witness, then standing near the toolbox picked
up stOnecutters chisel and threw IL at Mccain;
at that time 0Conne must have been coming in
the door, and the chisel struck him on the head;
Mccain and the witness worked for the same man
The witness told the officer that he threw the
chisel.
animation on the body, testified that deceased died
by compression OF the brain from fracture of the
skull, the result OF violence.
The jury, after a brief charge rom Coroner Herr
man, retired, and five OF them agreed upon the
following
VERDICT:
''That Bryan 0'Connell came to his death from
fracture OF the skull by blow from a chisel
thrown at the hands OF Henry Dugan, on the
Cd day of June, 1872. And we find that said
strike or injure OConnen and we exonerate said
Dugan from all blame"
The sixth man subscribed to the same verdict,
with the exception OF generating Dugan from
blame, which he could not c0nscien tiOusly do,
considering that the prisoner was guilty OF crime
man instead Of discSarng the accused Conceded
with the minority verdict, and required Dugan to
give bail In 900 to await the action Of the Grand
Jury.
Charles Cowen, OF 142 West Twenty fourth street.
gave the requisite security, and the accused was
discharged from custody.