New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-30
INQUEST IN THE RYERLy CASE
TESTIMONY BEFORE II: s:A:asa
Verdict Rendered Last Sisht

coroner toy 3he lower municipal distr!ccs.
began taking testimony in the ease oi shs
death o: d. c. Byeriy, who was killed. on
Canal street on the swenty-slxti instant.
The jury consisted Of Messre. JohE &.
Rogers, Joha Golding, Miles Saarkey. Wash
Boyian and J. Brando. gekt.eMea wss.
known IN this community.
The room where the :nHuese was :.eld is
at the corner Of Rampar. ana Ds,Eaine
streets. and was filed with people. A:tc.-
neys for boti, sides appeared. 6u: .hey were
no. Permitted 70 question w:.nesses. me,.-
bers Of the jury cbjectine 10 sucI course.
Al: the testimony was taken dswx in ehosl.
hand. carefully. II vii: ts .eea thai :ss
witnesses did vary IN shs:s sts:em.E:s % .
very srea: extent:
John P. Stagg-Wae present when .heiift.
cultv began on Cana? street: Waylro.:. was
in company with E. T. Merton. ! spoke 20
friend about WarmOth: pointed out War.
moth TO my friend: noticed shat Warmoth
was ;ncently looking az eometai1s. Bye:ly
was near by: Syetiy struck Warm o:L twice
with cane, WarmOth 4erreated iitt-:
inotiened as if TO draw u weapon: he pat his
hand IN ii. pocket IS i: 70 draw = revolver.
between II. anG WacmoJh: they c:irs ned
instantly: WAr1Ioth's ann reached - Byey.
ly's !efs side. and I saw him make ehree
thrusts az Byerly: Warmoch then made ewo
more thrusta in Byerlys let: eide: Syerly
then threw WarmOth in the fall Warmoth
Was on top: they struggled and rolled 20,
the curbstone. and Byeri. got or sols a cry
was raised 70 take away Che knife: police.
man then appeared: was then beside She
op6 saw cha ntficeO "a iys ehf
knife: both men arose, Warmoth near sLe
curbstone. Byerly in front Of Kosngs store
door. near where the conflict took place:
believe Byerly still held his cane: ne was
escorted by two friends ous Canal coward
Bourbon street; the crowd demanded that
WarmOth be arrested: he was arrested: saw
nothing of the parties after that: think. she
knife before ine is the one; the cane was
three4uavters 0t an snch thicks with curved
handle.
Constant H. Ziinmerman-Was present
at the difficulty; that is, stood in NY store
door, and saw Byerly in the act Of erriking
with an uplifted cane: crowd rushed be.
tween ne and the coMbatar-s. SO tnae !
could not see the other persons I then wen:
t,Om nv window to the door. and saw
Warmoth rise from the sidewalk. police.
man holding him by the arm: several gem.
tlemel called out to have him arrested:
saw 10 Sniie n Warmo.hs hand. because
the crowd was zoe great: Saw Bye:.y xith
cane uplif5ed.
Richard Sheldon-Saw a rortion Of .he
figh.: knew Warmoth. bus did no: know
the other inare who was fat, stOus gentle.
man. with heard: saw the stout man strike
Warm 9TH ewo times over the head: War
moth staggered: the large mais :h:ew the
Governor. chs !atte: rnder: ! san away
BECAUSE ! Thought there would be shooting:
heaac no words between them: did 10: See
Warmctb etriS- Byerlr.
Sergeant G. Slabowsk:--1 am policeman
IL the third precinct. and VS. On duty OIL
the day N question: when making NY
sounds met Captain Malone sofne. OF
Rcya. and Cana! streets; on looking toward
Ranpars etyee; my attention was attracted
Sv seeing = man etrikiDg another with =
stick: she ehert man struck the taller one:
Immediately after she inen S:inciei: the
men cIinchsi when standing near the mid
die Q: Che Oan;uet,e: before got near :hefL
they rolled near she gvttec: co ere was
then immediately neal. them; went and
cav Waruo;ls faS On his back: the other
Oh top .: him: saw th~ knife In WarmOss's
band. and saw him Use ]: Oh tine
eide o! lis antagonist: Captain Malone
called on the 10 take Jne knife: pressed
Warmcth'e Fight arm to the banYuette and
took she knife from his hand: shut the
knife and put ]: INTO my pockets: Earmoth
60: nD. bar the man cn ?op had been :aSea
of ty Malones when Warmotl 60! ep l
touched bis shoulder Selling him that he
was my prisoners he answered. s'als fight:'
by that time big crowd had surrounded
os; Wacmosh was bareheaded: the crowd
called Ous to arrest Chat fnans told shem
that he was my prisones and Warmoth
said: Il am afcesced;~ ne told mo to tro.
tect him: ! walked FAST with him 80 she
corner oS Ross' :" Sc Peter stree.. keeping
.oos 10S s 'f ,na him ~, az .tae, Che sae .asaed sn
charges against bctis inens on my yav -
the etaJscl.f learned thaS she other mans
name was Byerly: I charged shem with
Eghring ah3 disturbing the peace also
charged Warmoth with dangerously YounG.
ing Byeriys did Ao5 make tho charges anti!
Gait an hour after ...s arrest. and did rst
know tbs eond.don Of che other Man:
waited ans:i Malone came and eepoSted
Byer1y's condition: Malone had had snarge
of Berry, ehis Is she knife 4 cook from
Warn1oth: dis no. at first Know how 30 shu.
il. Jus ;ea1ned Afse?: there was . l;:Is
blood SQ the poin: when ! took it.
Sergeant l. 1laione>.On tie day e Gaee.
sloD ] neo Sergeant Slabs vsSl corner OF
ROYAL and CsnaS streets: ~e wehs 70 near
MsC1oskey's seda stand. eeaf Royal. 81
Cana! e.reet. and Just thea eiatowsSi told
ulO W 4DOh ~ VOuSu cdW b"V tACA
Sighting opposite giaets store: WaS1noth
~as Saced seward Hoya? styee:: they
slinched on meeting. shey tell OF the ban.
Caetto Aea4 the. CUTTERS the fnan uncer.
meath LAD y knife In his right hand. using
is OF his antagonfst's lefs side: caush' Lold
Of the appermost man TO try to pull h.m of
and tried 70 stop the bottom man s:abbng
any pores when they weso separated
recognized shem ss ex- Governo. War.
vas tie man underneath: Byeriv yecog.
nized 4ne ard told me shat Re was stabbed:
saw blood on his left side: took him %
drug store, but before entering a friend Of
Byer!y told me sners was no doctor shere.
h;lt to take him 30 DR.. Boards office:
heavy cane, broken. was handed TO me on
Cana! street: ] remained at the Office half
an hour. when DR.. Beard Informed 1ne that
Byerlr was it 20 be semoved: tha stick
fight: the knife before ue Is tie one taken
from War,noth.
Henry Montgeni:-SNas presen. at the
difficulty: was standing e close 20 iIy desK ID
Pitfe:'s stoya when saw two men pass the
door; C:ie was Wagmoth: lid not know the
other: on getting ontside saw two men lying
On :he banquette. Warmotfi underneath:
Warmoth held knife :H his hand: saw SIM
stab the other man twice: ] gan and took
Warmott's q right hand. and friend helped
me: told policeman to take the knife
away: recognize .his knife as the one had
ty Warmo:b: eaw no blood OH =: Gid no:
see the tret part Of the fight.
After :he above testimony wac al: read
the room was cleared, when controversy
arose as to what powers a coroner. Jury
possessed in such a case. There was di.
versity of opinion. go it was finally agreed