The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-07
JOHN GhFFNEY, THE BUFFALO MURDERER.
Preparation for His Execution for the Killing
Of Patrick Fahey.
History Of His Career and Crime-The Attempts
to Save His Lifa-The Prisoner Becomes
Insane-Madness with Much
Method in It.
Governor Dix Grants Respite Till the
18th Instant.

A1tu 4AcV0AUs
BUFFALO. Feb. s, 1873.
In this busting city by the lake there Is quarter
bordering on the canal, which for fifth and guilt
can fully equal the Old Five Points in New York In
their most his oric days. Dens and 'dives," reek
ing with pollution and filed by day and night with
men and women, the story OF whose whole career
might be conveyed in one word-crime-abound OH
every side. Here the "beautes' display such
enaoonpoint as might drive Mansfield mad with
envy and array themselves in the scant and varie-
gated style OF the bellies of Water street. Here the
weary sailor. spent with toll, on reaching the
end Of the raging canal rests from his
abOrs, gets rid Of his hard-earned money
In an incredibly short space OF time and
generally returns to his vessel sadder and
wiser and battered man. Here, Of course, King
Alcohol reigns supreme, although a slight show Is
given to the apostles of King Gambrinus. Here
rows are Of such frequent occurrence as to cause
but little comment, or rather, 1t was 80 until the
7th day of May last, when one Of the worst of the
gang which inlest this neighborhood was hurried
into the presence Of his Maker In the gray dawn
OF the Spring morning. On that morning Patrick
Fahey, young man, twenty three years OF age,
was shot and killed by one John Carney, young
man, native and to the manner born" of the beau
tAui lOCduty ABOVE Ielerreu TO-
THE STORY OF THE CRIME.
In this section OF the town the police are obliged
to go In couples. and on the morning Of the
7th Of May, 1872, Patrolmen Shepherd and
Shea heard the report Of pistol from
the direction OF Canal street, short, mar
row street, which the Bufraloites claim to
be the worst for its size on the Continent. They
lost no time In getting TO the place whence the
sounds came, and at the intersection OF Canal and
Greene streets they found Fahey lying in the gut
ter writing in pain, his face and clothing covered
with blood. They lifted him up, placed him in a
more comfortable position, but he died in o few
seconds. An alarm was given, and with the aid Of
other officers the body Of the murdered man was
brought to the station house, and several of the
vilest rOughs, who were cOngregated at the only
saloon which was open at that time, were arrested.
Among them were John Carney (the murderer),
John Farrell, his brother-in-law; Shang Clark,
John Curran and number of others.
Each was confined In separate cell, and
Police superintendent Byrne obtained from
them several versions OF the afYray.
They were almost perfect know nothings in the
case. The superintendent, however, learned
one John McQueeney, alias QUINN o negro minstrel
performer, and from him was obtained evidence
which suliced TO fasten the murder on Gafrney and
secure his final conviction,
M'QUEENEY's STATEMENT
shows that Gaffney and he had been making
round OF drinking saloons, which wound up at the
place where the fatal ARRAY occurred-a low Gen,
kept by man named Ted sweeney, in Canal street.
There was quite party in there at the time and
game OF poker was commenced. While the
play was going on Fahey entered and took
lecturing him about q row which he had created
in his tGafney's concert saloon, at the corner Of
vio1s. Some hot words were exchanged, and
finally the vtuperation and blasphemy brought all
parties to their feet. There was great confusion
for moment or two, when Gaffney pulled pistol
and fired at Fahey He missed his aim, however,
and Fahey ran toward the street door and behind
a screen, where Gafiney followed and fired two
shots in rapid succession. Fahey ran out into the
street followed by the others In q helter-sketer
way; Fahey leii at the corner; some of the others
lions, when the officers arrived and found the vic
tim as above stated.
THE CoRoNER's INQUEST
was commenced the next day. post-mortem ex.
animation was made, which showed that one ball
had entered the left check and another had entered
at the back, passed through the left lung and lodged
in the pericardium thus causing the death. At the
inquest as well as ut the subsequent trial, the ma
been in the saloon at all; but the jury, on the l4th
of May. brought in verdict finding that Fahey
had come 10 his death by pistol shot wound at the
hands Of John Carney.
was commenced on the 18th Of July. The testi-
mony was mainly the same s as that nat given at the
defence was to show that Carney had no pistol
and did not fire the fatal shot, yet the
on the I'd OF August after being out nearly twenty
four hours they brought In verdict OF murder in
the FIRST degree. The theory OF the defence was so
peculiar, under the circums tances and under the
law defining the various degrees OF homicide, 1t Is
claimed, the jury could render no other verdict.
There was evidently no doubt in the minds oil the
jurors that Carney was the murderer, but as his
counsel claimed that he was not they could not
bring in verdict Of murder in the third degree,
and as there Is no middle degree they were obliged
to find him guilty in the first degree. On the fol-
lowing day, August 3, he was sentenced to be hung
which gave him lease OF life but little over one
month he did not give up hope. His counsel pre-
pared bill OF exceptions, and on the oath Of Sep
Of three weeks.
THE BILL OF EXCEPTIONS
the Jury which tried the case Was illegal that tales
men were summoned to act instead OF names be-
ing drawn from the jury list, In the usual way;
Curran, made to the superintendent OF Police,
which he aiterward contradcted on the trial
sent Tor the revised statutes instead Of relying on
the Judges charge, and sent for and read copy
OF the Ddflv Courier containing the testimony.
on these points motion for new trial was
made before the General Term Of the Superior
Court, and, after patient hearing, was denied,
SIN all hope was not abandoned. and on OCTOBER
IA q stay OF proceedings was granted by Judge
Lamont; but as no new points could be raised ne
was resentenced on December IA, to be executed
on the 7th day OF February, 1873.
THE LAST RESORT
was to the Governor OF the State for communication
OF the sentence to Imprisonment for life. Petitions
were sent around and were signed by all the mem
bers of the Common Council and Board OF super
ysors the Jurors on the trial, and by large num-
Der OF citizens and business men, setting forth the
facts that, although reared IN the lap OF crime,
Carney has managed to win the esteem OF almost
all with whom he came in contact; that ne mas
twice saved the lives OF others at the risk OF MS
own that they believed the fatal act to have been
committed In the heat Of frenzy and without pre-
meditation, and that the ends OF justice would be
fully subserved by his Incarceration In state
prison Tor life. committee proceeded to Albany,
accompanied by the counsel and the wife OF Can
ney The result OF their appeal to the Governor Is