The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-06
THE FATAL MAZEPPA PICNIC.

Downcy's Death Accidental, and Not =
Case OF Clubbing-Hard Swearing ~
Several MISUNDERSTANDING CATION Be-
fore Coroner Herrman-Nas Downey
Pushed to His Death by . Policemant
The case Of Edward Downey the young man tlate
OF No. 497 Tenth avenue, who was killed last
Saturday night by falling down an embanK-
ment twenty feet high at 10th street and
Eighth avenue while returning from o pic
mic given at Lion Park by the Mazeppa
C0terie, q rOwdy organization, hailing from the
Twentieth ward, was yesterday investigated be-
fore Coroner Herman ut his ONCE, No. 20 East
Houston street. The friends OF deceased sought to
make out that he had been brutaly dubbed BY
Roundsman DacKe, OF the Thirty -nrst precinct, and
purposely tumbled down the embankment,
which, II clearly established, would mako it
case OF murder. No less than three
persons came forward and deliberately sw0re that
they saw the offlcer strike Downey over the head
with his club and knock him down among the
rocks; but as they evidently were prejudiced wit
the jury, In the face OF positive testimony
the contrary given by the police, did not believe
them. Below will be found synopsis OF the most
important testimony introduced before the Cor
oner and the jury
Mary Ann Cumisky, young woman living at No.
405 West Fifty-lourth street, deposed that on Sat
urday OF last week she attended picnic OF tho
''Mazeppa Cotcrie - met deceased there; started
home before midnight; there were two Eighth
avenue cars together; there was some disturbance
on one of the cars, but not Of any consequence;
Downey was in the front car, and was taken Oh
by an ofacer; he was on the front platform, from
which
AN OFFICER PUSHED HIM;
the ofncer who pushed him or s a tall man with
Q full beard; the witness got Off the car saw tho
onicer strike deceased with his club; Downey
made no resistance; after DOwney received the
| second blow he fell down the embankment he did
not fall after being pushed or the car, but fell when
deceased was struck by the oficer; Downey was
somewhat under the influence OF liquor.
Edward J. Carroll, OF al West Thrty-ninth street,
deposed that he went up to the picnic. let at near
twelve O'Clock and stepped on the rear platform Of
car going down town. Downey stood on tho
front platform OF the rear car and quarrel took
place in the car, but no blows were struck; Dow
ney then walked into the rear car and said "D-n
the cops, they cannot put me on;' an ofiicer re-
piled,
the 0f1cer caught hold OF D0wney by the collar
with his left hand, and struck HIM with club ON
through the front door, turned around and
pushed Off backwards towards the edge OF the en-
6ankme1t; the Smcer tnen made another blow 81
and fell or the embankment; subsequently saw
the body OF deceased at the station house; there
ceased Is a Roundsman; Downey was under the
influence OF liquor; l said to some one that
man had tumbed over. when the officer told me to
keep quiet or you will be turned over"
Isaac d. Blake. sergeant OF the Thirty-hrst pre-
a nc lion parS on me th o. ine
had six officers with him; when the parties
started home there was trouble on board an
assaulted female; the parties were put Oh the
car; there were three OF them; was told that
entering the car the man turned TO the witness.
saying "iou son Of q b-h, you take me on the
carl" some OF those on the car used most abusive
and obscene language; saw one struck with
clubs; Roundsman Darke was there; heard that
FALLEN OVER THE EMBANKMENT.
John Calvin, OF 4s7 Tenth avenue, deposed that
he was on the car and heard some one say, Oh
sion, showed past myself ana Carroll and, taxing
hold OF deceased with his left hand, with his
the car backwards; struck him again with his
club and tumbed him over the embankment; the
and him to be sSe oer
say ''t will do him good;" deceased was brought
up. and found to be dead saw cash on
Roundsman James Darke, OF the Thirty.nrst
precinct, testified to the trouble in the car, and
to being ordered by the sergeant to take
TWO DfsORDERLY MEN
from the car, and did so, after much difficulty;
heard man had disappeared in the dark, and
afterward heard that man had fallen down the
embankment; the witness positively denied strik-
ing any one that night either with his nst or his
Charles b. woram, an onicer of the Thirty FIRST
precinct, deposed that he heard the cry OF man
overheard, at which time he Is quite positive
Roundsman Darke was on the west side of the car,
some distance from the embankment.
Onicer Kehoe testified that he heard an alarm Of
q man overheard, at which time Roundsman Darke
stood on the 'front.' platform OF the car
Captain Charles Mcdonnell, OF the Thirty-nrst
precinct, testified that the character OF the Ma
zeppa Coterie was bad the reputation OF Rounds
man Darke was good, and he would stand
4 GOOD DEAL OF ABUSE
without using his club.
While Captain Mcdonnell was giving his testi-
neny the witness Calvin who had been examined
previously, interrupted the captain, and pointing
To Roundsman Darke, sad al saw you deliberately
murder Downey," wnereupon he was checked by
Coroner Herman, who told him ~ keep quiet.
CALVIN seemed to exhibit good deal OF lll-feeling
and even prejudice against the poce although ne
was not q member OF the Mazeppa Coterie.
Deputy Coroner Cushman, who made post NOR
TEN examination on the body, testified that lrac-
ture OF the skull the cause OF death. coroner
Herman In an elaborate charge. gave the case 10
| the Jury, who rendered the following
THAT Edward Downey came TO ms deatn oy iIac.
ture OF the skull ecausd by accidentally Iaihg uown
an embank ment at 10th street and Eighth avenue,
on the 3oth day OF August 1918. We also NJ
that the proper authorities take immediate acton
| 20 protect people from falling down unsafe en-
| bankments on the line OF the Eighth Avenue hsii-
road"
orHaULAR CAGUALTY