New-York tribune., 1873-02-05
SIMMONS JUSTIFIED BY 4 JURY.

UNEXPECTED VERDICT IN THE LIBERTf-sT'
HOMCIDE-DURYEA ALLEGED TO HAVE
BEEN ARMED.
The inquest concerning the killing of Mich
olas b. Duryea, lottery dealer by his former partner
John E. Simmons was concluded by Coroner Keenan, at
Bellevue Hospital yesterday. John Graham and Col D.
b. Fellows attended as counsel for the accused ana AS
sistant District Attorney Lyon was present IN pe VI
the people The following is an outline OF the proceed
ngs which resulted in a verdict in favor OF the prisoner
Eugene Sherman. age about l6 testified WORK IN the
brokers' office No. 50 Golds; rs was passing tuTon @
Liberty-st, the south side, on my way nome sdm
about five persons standing IN front or sutheranu res
taurant looking az two men, one OF whom 90
the prisoner and the other, as alerWaro eaheu, was
Durvea heard the elder man say, III swear didhsI
iI .. the vounger then said TO the elder, Don't you
pull anything :" the younger man hen struck Ihe
elder with his fst the latter staggered backward ut
tie but not knocked down by the DIoW m @
both fell together, with the younger man on op
the Younger did not seize the other by the troaI
before they fell after they fell they struggled and the
elder man got on top and jabbed at the Younger 40,
fed: arrested Simmons in sutherland's saloon, and
gave him in charge OF Officer Maher; the prisoner lace,
the man who was fighting outside, and be made no
answer; some one the crowd handed me the dagger
sheath now shown; in one OF the pockets OF the prs
oner' found the German-sdver TAP Of the sheath
man who searching Sutherlands saloon WIN % Ine,
found, 10 the % s19ceiar area"ay' A"iio WIN 'O"1'
1ser Mathew Maher OF the Second Precinct test1-
fed: on the way the statonhOuse asked the pris
Oper how tight began; he said that the deceased ad
Strnc him in the face and wanted TO rob him; asked
him N lac knew the man who struck him, and ne an
swered :" he then requested not TO ask him any
more questions as he too weak and nervous TO all
John Kearns, porter at No Ga Lbertyst testified to
having found the knife and gwen to Othcer MeDber
peter DnYyea testified: reside at Port Richmond s.
l. was formerly IN the lottery buslness the utcfaseu
was my uncle six or seven weeks before his death was
standing in front of No. 6! LiDerty-st when summons
came and ssid: This is pretty rough losing an
of my business; think Nick (deceasep is taxing u
away told him that my uncle was not then III the ot-
terry business be replied m T m 'e me roof oG of tb
OF IS head some day and he shall never live to have
any good of the money ne makeSi '1nu ho aid oih'
mons 1 didn't think he would 90 as ne salu,
and he replied, III / don't do IT. you
Island and told my uncle ne sau ne uunu @ iinN @ % ol
mons was that kind OF man; that the trOuDe between
them was only business transaction ana he was Wi,
ling 10 let the better man Wln; IG1 u my ny uclo m NC m SU %
better arm himself but he refused 10 90 sO never Knew
him TO carry weapon either before or since that ne
Col FcOwsI want that last remark taken down, for
we propose TO that pistols were taken from hn
not an hour before the killing. ,
Robert H. Clark, a clerk, at No. G. Lberty-st, de-
scribed what took place al SmlnOnss Once ana tes
stars Jon %oI A9I AN sir S"n't drink win such
man as YOU; when 1 come down an going home;" he
suIse0uenty saw them the sidewalk, and on going
6vD istair; noticed Duryea apparently trying get
hold of Simmons who was tnrustlng Duryea's hand
awav. Duryca sald, loaned you 5000, dld nt u
SIMMONS said "Yes and pad you back !" they
buryea made a motion as II 10 draw pistol he rushed
t,1gsrd simmons al the same time Simmons pushed
hun back aud put ms hand IN his own pocket and dew
something Duriea then rushed at MN aglln ana
threw him down while simmons was falling witness
saw him strike al Duryea's head.
Dr r lie Roy Satteflee Surgeon Of the Second Pre-
nf testified ahSnt s H n SSa alter he the ng and nd
n his ance disOcated and leg fractured, ordered ms
removal to the Park Hospital; Simmons told him that
ms leg had been broken with club.
James Rooney brewer, Of No 5ls West Ffty-second-
ST., who witnessed the klllug, neard SUMMONS say 10
Duryea You robbed me Of $780," and SmmOns's re-
ply {" paid you back, and more" heard Simmons say
While struggling with DuryeA after they had fallen,
Dr. Ramon Amabie, House Surgeon of the Park Hospi-
tai testified that the prisoner when admitted TO the hos
pa called attention to two three verysght black and
blue spots on hs throat ana to very sheht scratch
under hls eye; the prisoner also cOmpihed OF sore
throat, and the following morning his throat was
fouud 10 be slightly lnlamcd.
GIexsnder Graham, a butcher, Of No. 351i Bowery,
cg0fed that while crossing the river upon ierrybOat
from Brooklyn, WIN steSinsn!P pulSed, on Ananhs =
me ana III be Obliged to Kill that big - OF -
adding with significant gesture, I've got II right here
10 do it with" witness afterward met Summons IN
Broadway and warned him, but Simmons SAID that he
had heard the same thing before.
Deputy Coroner Beach, who performed the autopsy
described the IA wounds some OF which were slight and
gave his opinion that death the result oi the injuries
received.
The Jury retired at $50 p m and returning at 6S5 p
H. rendered the following verdict:
The Jury find that the deceased, Nicholas W. Duryea,
came 10 his death the night OF Dec. l6, from stab
wounds received IN quarrel win the prisoner John f.
elected that 1t not pGemeditated and that the
prisoner from previous threats made by the deceased
toward him, may have considered his life threatened
ON his voluntary examination, the prisoner said that
he was 6 years old resided at No 1l3 East Fourteenth
st. was born in Maryland and was at present out of
business In reply TO question 20 what the prisoner
had to say relative 10 the killing, Col Fellows said. in
behalf Of the accused: " He says In what did, l
acted strictly in seldefense, under the apprehension
that INV life was In imminent danger"
Col Fellows moved that the prisoner be admitted
10 BAIL and Assistant DistrictAttorney Lyon asserted
the night Of the people to be heard against the notion
Coroner keenan, declined to act upon the motion further
than 70 say he would listen 10 arguments both
sides at II a. III. today
II stated seemingly good authority, that counsel
for the defense have evidence showing that
two pistols taken from the deceased about hour
before he was killed II is also rumored that efforts have
been made by friends Of the deceased TO induce wit
peses OF this alleged fact TO sbscond and II is further
rmored that deceased armed at the time of the
fatal aray and that his weapon was surrepttously OBJ
tanned and secreted. These rumors given for what
they worth.
INQUEST ON THE HOBoKES TRAGEDY.