, 1873-11-04
The Supreme Court Grants a
New Trial.
Iio viii Como Before a Jury for The
Third Timo.
The Ground Is the Alleged l|lega!ity Of
the Original Warrant.
History of the Murder and the
Various Trials. :.

Early on the morning Of tho 9Th Of August,
1872, Christopher nnfrorty wantonly nhot OlIlcor
0Meara, Of tho Chicago police foroo. For that
offonso he has boon twico tried, and twice son-
toncod to death, onco in Cook. and onoo in sLako
County. The execution Of tho last Rontenoo was
postponed by a supersodeas. and ho has for
months remained In tho jail In this city awaiting
tho action Of tho Supreme Court. It was ex-
rcctod that the decision "a to thoremittitur mado
last week In tho pertoot oaso would settle Rtt-
forty'a fate for tho stato'a Attorney, and every
body olse, looked upon tho othor exceptions
taken by bis counsel, hlr. Small, rs merely
thrown In to swell tho record.
But yesterday tho following dispatch was ro-
cefyed, which shows that what was considered
one OF the weakest exceptions has boon sua-
tainod and TINT this nun, like Stokes, ia to havo
the celebrity Of third trial, and that he will
again hayo to be transferred to the Waukegan
Jail:
OTTAWA, ILL.,, Nov. 8.-The opinion in tho
Rafferty, case has been filed this afternoon. 1t
is written by Mr. Justice McAllister, and ro-
yoracS % ana rema9de tho caae On tha ground that
warrant on which ecanlan md O'Moara wero
seeking to arrest Rafferty,, md tho testimony
connected thorowitli, II tho warrant was Illegally
issued or attempted to bo Illegally served, thon
U
manslaughtor, and ia not murder.
Afr. Justice Scott diBsents.
The first news received hero ia believed to
havo boon dispatch to Mr.. Small, counsel for
1s9iy ha9iierty subsequently MI. Reed got beioi
ronnndod. Unnblo to underatand 1t. he tole-
graphod for the reasons, and received the fol-
lowing:
OTTAWA, Nov. ., 1s78.-Rarerty'a case ro-
versed aud romanted, on tho ground that tho
warrant Jrhrf hc rhf IN hn nrroafnA
waa not issued by Danyon, but by tho Sergeant
Of Police, aud therefore lind no validity In law,
md That, therefore, it was improperly admitted
In 5s on g. D. hnrs Clerk
and the length of time which has elapsed since
the commission Of tile offonuo iB 80 grcat that
1t Will not bo uninterestng to givo full history
OF tho whole matter, which illustrates 30 fully
the dolays and uncertainties Of the Law.
THE MURDER.
The murder for which Rafforty Was sontoneed
to death waa committed carly on tho morning
Of Monday, tho 9th Of August, 1879. On tho
Sunday woek previous, Rafferty, and four othors
assaulted two persons. On Saturday, tho Sd Of
August, 1872, they woro nrraignod at tho Police
Court fol. final hearing, tho cahe haylng been
continued once, and each was held in $500 bail
to answer at tho Criminal Court, Ono Of tho
by nama, had refused to attend tho examination.
mud Ind to bo subpcnnaed. THIS Witness and naf-
forty mot in a saloon On Douglas place, Sunday
ey;qning, and began quarreling, Rafferty, accusing
would not attend tho Police Court until COM
polled, and following up his accusations by
knocking him down and hammering him on the
head with a brick. O'Donovan made his
and reported tho assault to sorgt. Hood,
who, upon the wounded mans stating that ho
did not think Rafferty, noant to kill him, pro-
cured warrant for Raifortys arrest on charge
Of diHorderly conduct.
Att o'clock Saturday evening the warrant was
to arrest Rafferty, TINT night II posBible. Officer
O'Meara accompanied Scanla,1. Together they
made 4 search for Rafferty,, but wero unsuccess-
ful until at half-past u O'Clock Monday morning
1AG6 South Halsted street, near Douglas place.
They entered. oAloara taking position near
tho door, and scanlan going towards tho end Of
the room where Raffarty WAS seated on q table.
sssnlan approached him. when nsanferty said to
time taking one from Ills pant'a pocket. oaIaara
replied that no did not want one just thon.
scanlan thea aaid, Rafferty,, have . warrant
for you2'' "What Is It for 7" queriod Raffcrty.
- II don't Anow" m seanlan Som 15spea "nssd Red
romark, and scanlan complied. !" WelI
said hnnorty, iii I must 60, T must.
You will let me get my coat, won't you 7" He
was in his shirt-Bleeves, aud. when acanlan said
vancing 0 fow feet, he suddenly pulled large
navy revolver from luis bootleg. and aimotl it at
O'Moara. That officer said " Don shoot" but
tho words had hardly escaped his lips when tho
rough pulled the trigger and o'MearA fell: RAT
forty then turned towards Scanlan and fired at
him once. Thore wore four othor persons in the
room at the time playing cards and drinking
beor, md, when tho shooting began, they. made
ruah for tho door. knocking Rafferty, down In
nnu0fnr him 1yfnr nrnafrn}a and f11HhaH
upon him, grabbing ut the Bano ti,no ut Rairerly's
revolver, which WAS again pointed Mt him. Ho
was just in tue nick Of ti1no, tho hammer falling
upon his little finger: which WAS upon
struggle onsuod, in which tho advantage
lay first on ono sido and then on tho othcr.
Scanlan, Holding Ratfcrty'R revolver In ono
hand, struck tho murderer with g. billy he held
blows were too light to hnye the desirable effect,
and RatTorty flnally. got away from tho officer,
and ran through tile front door. scaulan fol-
lowed, but tumbling over aome lager-beer koga
on the sidewalk, lc foil into ditch, and By tic
tlmo ha oxtrlcated himself, Rafferty, had 'disap-
pcared. While struggling, scanla1 repeatedly
cried for help, but poiiceman'a cry for help in
Bridgeport iB not apt at any time to moot with
very prompt response from tho: ctizens, and in
this case his cries were unhoedel., On return
ing to tho saloon, scanlan found O'Moara lying
on the floor, almost dead. A physiclan was Bunl-
moned, bnt his services wore l1uayailing, tho
wounded officer dying, boforo his arrival. Tho
occurrence was reported to Bergt. Hood, and an
Immediate search for tho murderer was insti-
tuted. ;
TIE oonoNEn's INQUEST.
The tody of OMeara WAS removed to No. 08
Deorlng stroot, where ho resided with Ills wife
and Hovoa children, and Corouer Slovotia hold
Ill inquest at tho South Branch Station tho samo
afternoon. Dr.. Ben Miller and County physi-
can Mccarthy, who mato tho post mortem OK
animation, testified that tho deceased dlod from
o gunBhos wound, tho ball entering the right
chest. passing through tho fourth ribH, tho
lower portion OF tho upper loba OF the loft lung,
tho upperportion OF tho poricazdiu1n, through tic
posteror portion of the left lung, and out OF the
loft chest, lodging beneath tito lett sl,nultlnr-
blatlo: The man was found to DO otherwise in u
hoalthy condition just previous to loatll, which
was cuuBed by the wound.
Tho most Important tentimouy was that Of
Policeman scanlan, who said: II waa prosont
when O'Meara waa shot. hRd a disorderly-
warrant for tho arrest Of CHRISTOPHER Iatfcrly,
IL on ssnday hight searched 0 al t tho % stroota
mud saloons for him, and. about half.past l3