The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-05
THE DURYEA HOMICIDE.
CLOSE OF TIE O0RoNER's INQUEST.
Extraordinary Verdict of
the Jury.
Bail Applied For on Behalf of
the Prisoner.


vious day and was composed OF persons OF the
same class. The widow of Duryea was. for the first
time since the commencement OF the investigation,
absent, but her place was well supplied by the
male relatives OF the deceased Assistant District
Attorney Lyons appeared for the people and Colo
mel Fellows for the prisoner. Below Will be found
the evidence and the verdict Of the jury
THE EVIDENCE.
Eugene Sherman was the first witness examined.
He testihed ollows:-I reside at so Coles street.
Jersey City; i work In brokers' ONCE SO Gold
street; New York; about ten minutes to seven on
to the Post Once; going from the Post once, on
my way home, about three minutes to seven,
walked up Liberty street, on the south sde no
ticed about five persons standing at Sutherland's
restaurant looking at two men who were standing
In front OF the Triumph Insurance Company OF Gin
cinnati one of them was stout. wel.built, old
looking man; the other was tall, slender-Dullt
man, Kind OF young; heard the stout man say 81
the tall man struck the stout man, and
they both fell together on the sidewalk; the tall
man was on top when they fell; but the short man
| got the best OF him in lew seconds, and he then
got on top; the older man turned over and got on
| top of him; | could see him ma g motion as if
poking the man in under in the body; as soon as 1
saw that ran as far as Broadway to see If could
FIND A POLICEMAN;
| could not find any; returned saw the old man
Kind Of rise up on his feet; he staggered few
help him into Sutherland's restaurant; got up on
an iron railing and looked into the restaurant, and
fhs he old man sitting on nigh stool
minutes, when some policemen came; one poll G.
man stood near by the body on the sidewalk,
sounding his Tub; the prisoner IL the stout man !;
when saw the two men first they were standing
close to each other; did not see any instrument
in any ones hands that afternoon; cannot tell
exactly where the prisoner hit the other man.
did not see the deceased take the prisoner by the
throat the deceased was the younger man.
Edward Weber sworn-I am an oflcer of the
Second precinct; on the evening OF the 10th OF
December Oficer Maher and myself were on post
an dyuoU m
from Ann to Liberty street; about seven O'Clock
young man named Hoban, who was on the stand
Maiden lane and said, 'Ed, you are wanted in Lib
erty street, there is fight there and man stabbed;
Immediately ran down Liberty street to the 'front.'
the sidewalk; separated them, and when l got
inside found the body of man lying upon the
ground; the body was lying In partially twisted
position l asked who had done this some one said
they had taken the man over TO Sutherland's;
there
WAS A POOL OF BLOOD
surrounding the body; crossed the street; as
entered the house Of Sutherland saw the prisoner
to my left sitting on stool; his face was bloody
so were his hands and garments; walked over to
him and said, ''Are you the man who was fighting
Oner in charge OF OHicer Maher and went over to
the body again when went back some one in the
crowd extended to me dagger sheath; sent for
stretcher to take the body to the station house;
was then told the prisoner had broken his leg and
wanted q carriage to take him to the hospital;
the prisoner was taken TO the station house in
vehicle used for carting fruit; when we got in the
station house searched the prisoner and among
the silver top Of dagger shield; then took
lantern and went back to the scene of the affray,
and found in the basement OF Sutherlands knife,
with bowie blade and q horn handle 1.-THE knife
was identifed) gave the knife with the other
things to the captain; did not hear the prisoner
say anything about the stabbing.
Matthew Maher, another officer of the Second
precinct. who had charge Of the prisoner on his
fight commenced; he said ''This man struck me in
the face, and wantedto rob me; ~ asked, "Did you
know the man that struck youY' he answered,
"No ~ he then requested me not to ask him any
more questions, as he was too weak and nervous to
answer.
John Kearns, No. II City Hall place, partner at
"a Liberty street. deposed to being in the pantry OF
Sutherand's on the night OF the row; saw crowd
OF men come In with the prisoner; two officers
Ohicer Webber came back with lantern; he came
into Sutherland's and went into the suDcelar; 1
went with him, and
PICKED UP THE KNIFE
Rnife identihed) and gave it to the officer
mond, Staten Island the deceased was my uncle;
about six or seven weeks before this affair hap
pened was standing in front Of 81
me and said, 'This is pretty rough, me losing ali my
business; and Mic is taking it all away from me;'
connected with the business in any
ways, Summons said, "He may tell you
anu have drink with e hm 20 0vsa
while we stood by the bar he said, an fix that
son OF b-h for beating me out of my business;"
will never live to have any good of the money he
makes;" told him not to talk that way; knew
don't do it have got the gang that viii do it
we went out OF the building, and that was all that
passed between us. went down to the Island
that night and told my uncle about it, and that he
ought to be prepared; he SAID, "Oh, don't think
he means anything; he is not man OF that kind -
my uncle never carried any weapon his pistol was
always in the house, urged him to carry q weapon
OF some kind
f. LIE Roy Satterlee sworn-I am police surgeon
n 10 pris nparO nm
the night OF December 16 and found that the
ankle was dslocated and that one of the bones was
inside OF the ankle, but the skin was whole asked
the prisoner how he broke 1t and he said he thought
1t was from club; there was
BLOOD UPON HIS PERSON;
told the captain the man must go to the hospital;
he was taken away In an ambulance to the Park
Hospital; there were no bruises or marks Of any
kind upon the prisoners l also examined the de-
ceased and found several stabs about the neck and
one in the left groin; the body. about the head and
the upper half was covered with blood.
Robert w. Clarke sworn-I reside at q Mac
dougal street. in this city; am clerk for Mr.:
his rooms at 81 Liberty street, on the same moor
with simmons h Co.; was in the front office about
very SLOW si6 unsteady step on the stairs lead
ing to the street; somebody went by the door, and
looked eat and recognized Mr. Duryea; he went
through the hall TO the back Office, which was Mr..
john +. simmons; he went directly up to the
counter, crossing the office, and leaned over and
seemed to be whispering to a man named Dalson,
who was behind; to make sure 1t was Duryea
went into the office and looked him in the face;
went out into the hall and stood there; 1
heard Simmons say to Duryea Duryea, did
you come here TO sec me on business ~ Duryea
made no answer at the time, but pretty soon he
turned around and said, "Haoo, johnny" went
back to the door OF Mr. Adams office; Simmons
and Duryea had some alteration; l did not hear
what 1t was about except that heard simmons
say,
"wnAr HAVE YOU GOT IN YOUR POCKET ~
Duryea then pulled his hands out and put them
into his overcoat pocket saying at Is nothing, only
handkerchief;' they kept on talking and heard
Mr.. simmons say again, what are you doing
with yeur hands In your pockets ~ then went
back into my office; soon after I saw Duryea
60 towards the stairs; 1 heard him call pack to
Simmons, John, won't you come down and have
drink" and Mr.. simmons said, mo, sir; don't
drink with you; am going home )" Mr.. Duryea
then went down stairs; In few seconds simmons
went past the ONCE door, and heard him 90 down
stairs; turned out the gas and shut my Office
door, and went out into the hallway and heard
voices talking very loud on the street; went