The New York herald., 1873-12-07
RAFFERTY7S DOOM.
Sentenced TO Death ThreeA Times
for Shooting an Officer.
AN UNPARALLELED CRIMINAL TRIAL.

II,
CHICAGO, H., Dec. A. 1873.
This Afternoon transpired, in the little county
town or Waukegan, some 80 miles north OF TINS
city, an event unparalleled in the history OF
criminal Jurisprudence In this country-1t Is
almost within the marx to say OF any country.
For the third time has a prisoner been brought
10 the bar to be sentenced a verdict OF guilty
OF murder in the first degree, and for the third
time, for the same offence has c1iprit heard the
awful doom pronounced, cons!gning him on cer-
tain day to the gallows tree. Never before IN the
United States has man been called upon to pass
through SO terrible an ordeal, and rarely, indeed.
could be found worthy character for such q
place as this city has provided in the person OF
Christopher Rafferty,. The circumstances OF the
crime are by no means extraordinary. The chain
OF legal qubblings OF ightings within and tumults
without the Supreme Court OF this State, oil blum
derngs here and sharp practices there, has been
STARTLING TO THE LAST DEGREE.
With the ugly form OF the scafrold looming up in
the near distance, brief recital OF the facts OF
this remarkable case has been prepared by the
HERALD representative.
On the night OF the 4th OF August, 1872, as an
other Sunday was being added to the past, two
police officers. Scanlon and 0'Meara by name, en-
tered saloon In that part OF the city known as
Bridgeport. The first named officer was armed
with q warrant for the arrest of q young fellow,
Christopher Rafferty,, charge of disorderly
conduct. When the two officers entered the sa-
loon O'Meara said to the other, "There's Chris"
The officers drank some whskey at the bar, and
then Scanlon crossed the room tapped Rafferty, on
the shoulder, and told him that he had
warrant for his arrest. Rafferty, asked the
of1cer TO read It, which being done he
said. ~ suppose must go; but first let ME get my
coat" Suiting the action to the word, he stepped
into the middle OF the room and then drew forth
terrible looking navy revolver, exclaiming, "Ihe
first man that lays a hand upon me I'll shoot"
O'Meara, who seems to have taken no part in the
arrest, and who had stood idly leaning with his
elbows on the bar counter, caught the meaning of
the devilish twinkle in the eye of Rafferty, as he
levelled his revolver at his breast. Aflrighted,
O'Meara called out, in piteous accents
''FoR GODS SAKE, CHRIS, DON'T sHoor"
The cry unheeded. Pulling the trigger, the
ru1flan fired, and O'Meara fell corpse to the floor,
with bullet through his heart. Turning, Rafferty,
fired at the other officer, with equally murderous
intent. but less fatal result The bullet passed
through the officers coat and into ice chest. A
desperate struggle ensued. The officer, a power
1ul large sized man, found his opponent possessed
of maniacal strength On the 1loor the rullan
again and again pulled the trigger; but the officer
caught his little finger under the hammer and thus
escaped. Finding hts second attempt at murder
truitless, Rafferty, flung the oficer from him,
leased his hold on the pistol and dashed out of the
door. The alarm was given, and by the early
morning every nook andlcranny in Br1dgeport-the
''Five Points" Of Chicago-was searched for the
murderer. Public excitement over the murdeN
was intense Learning tnat he had probably fed
southwark, party OF officers started in pursuit,
ana towards the evening OF the next day Rafferty,
was caught on the towpath OF the Illinois and
Michigan Canal. He had taken wrong turning,
and, with the river on one side and the canal on
the hr onnd @ Il 70 m ws M
the officers, he said, ~ don't know why dld 1t;
but
THE DEVIL WAS IN MY HEART"
He brought back to the city, lodged in jail,
indicted for the offence, and III due course OF time
brought to trial.
the first trial took place in the old Court House
amid intense excitement. His counsel MADE
motion for a change OF venue, but the Judge, Lam
bert Tree, refused it, and the case went to the
jury. Twenty minutes consideration and ver-
turned. The constitution of the State OF Illinois
makes it incumbent on The jury TO fix ihe penalty,
which, in cases OF murder. may be imprisonment
in the Penitentiary for any term not less than IA
years, or hanging. Tie COOK county julors con-
signed
RAFFERTY, TO THE GALLows,
new trial and passed sentence. The defendants
counsel Immediately started on visit 90 all the
Judges OF The Supreme Court oil the state with
view obtaining the issue OF writ OF supersedeas
Mr. E. A. Small was successful, and the execution
was delayed, pending the action OF the supreme
Court. At Its next session this august body granted
a new trial, mainly upon the ground that the lower
Court erred in not granting cnange OF venue.
Supreme Court, OF the Official decision, and with
out waiSing for me remitttnr, the state Attorney
up the case in the Criminal Court OF tins city. De-
iendant, with MS counsel. was present, and pre-
sented motion lOr a change OF venue. IL was at
once granted. The defendant chose Waukegan,
in Lake county, as the place In which ne wished to
be tried, and it was SO decreed.
THE SECOND TRIAL
accordingly took place in Waukegan. In February
last, before Judge Williams All OF the testimony
produced at the previous trial was again sub
mltted, with additional evidence on both sides.
Tue prosecution produced witness who swore to
defendants uttering threat two days before the
shooting that he would pop" on any Bridge
port police officer who should attempt to arrest
him, thus evidently supplying the required malice
aforethoughL necessary to constitute murder. Tue
ueIence proved the extraordinary fact that the
warrant on which the arrest was attempted 10 be
made was an Illegal one, being signed III blank
by the magistrate ana filled up at Will by the
police sergeant. This leure de cdc'tI system
on small scale was brought before the jury, but
tue Court decided that 1t must be ruled out. II
also refused to give instruction to the effect
that II O'Meara was killed While aiding IN the at
tempted arrest oi Rafferty, on an Illegally issued
warrant, the crime was, then, not murder, but
mansaughter. The jury were absent three hours,
when tney returned into court with verdict OF
guilty OF murder, and liked the penalty at hang
ing. For second time the defendant arose IN
court and heard without the quiver OF muscle the
awful death sentence.
Scarcely had the verdict been rendered and the
formallty Of applying Tor new trial disposed of,
than Mr. Small again started out in his search after
a SuperSeieas.
THE MODERN GOLDEN FLEEoE."
With mind lnvIgorated by knowledge Of fresh
benefits received, he applied TO Justice Nc
AliIster, basing his application upon the twofod
ground that the change OF time was improper.
the case not being IN the possession OF the lower
Court until the receipt OF the official reDtittitur,
and secondly, that the evidence and instruction as
to the nlegallty OF the warrant had been improp-
erly excluded. The Judge granted the rule.
long interval elapsed before the meeting Of the
Supreme Court In this circuit and once again Raj
ierty saw the dreaded day fixed for his execution
pass by and himself yet preserved from the
clutches OF the Sheriff. AL length, for a
second time, the leading judicial dig