The New York herald., 1874-12-13
Summing Up of Counsel for tho
Defence and Prosecution.
JUDGE BARRETT's CHARGE.
Waiting for the Verdict
Scenes in Court.
Adjournment Of the Court Till Eleven
O'clock To-Day.

crowded yesterday, IL being understood that the
trial OF Coroner Richard Croker, FOR the shooting
OF John McKenna on the morning OF the Sd Of No
vember last, wonld be certainly given to the jury
ana verdict rendered. This proved to be the fact
The closing testimony for the defence was BRIEF in
consequence In fact OF several witnesses having.
for some reason or other, absented themselves or
not appearing when called fer This which under
other circumstances might have been very en-
barrassinR to the defence, was not in
this case thought to be OF serious moment,
IA The prisoners counsel intimarcd that they
were as we'll prepared to rest their case then
as at any other time. This conclusion
seemed 10 be one In which the mass OF spectators
themselves concurred, for the unanimous impress
sion was that the prosecution had failed in their
case, and that the defence had already proved
concusivey that the fatal shot by which the unor-
tunate McKenna was killed was not and could not
have been fred by Croker, from the fact that the
great preponderance OF the testimony exculpated
him; In tact that he was entirely unarmed on that
day, and that when the shot was nred by which
McKenna tell, he was engaged with o'Brien or in
the hands OF the police. However, the defence
rested, and then the duty OF summing up after q
recess was proceeded with.
Close OF the evidence for the defence.
TESTIMONY OF LAWRENCE o'BRIEN
Lawrence O'Brlen. OF No. 301 East 'Thir ty first
street. plasterer, testified that ne was going TO
his work on the morning OF the shooting; he saw
the disturbance, and got as near the two princi-
pals as he could get: he saw O'Brien strike Croker
and Croker strike back; he turned around alter
this In time to see man near the car track pull
out pistol and nre the first shot: other shots fol-
lowed with great rapidly; at the moment OF the
first shot he could not see Croker,
BUT CROKER DID NOT FIRE TIE SHOT;
1t was strange man; when Croker struck back
at O'Bren he had nothing In his hands; when
the firing began every one commenced to run,
and witness lodged into liquor saloon to escape
dangers witness is not relative Of the O'Brens
actively connected with the trial,
Cross-examined-I don't know at what shot II
was that McKenna fell; don't know whether
Croker nred q shot;r did not see O'Bren and
Croker fight after the shooting commenced.
To the Court-O'Brien struck the prisoner some
where about the head-hkely on the forehead;
O'Brien struck out with his right hand, then
Croker staggered back, as 1t were.
TESTIMONY OF THOMAS LALLY.
Thomas Lally, OF No. $40 East Thirty-fourrh
street, laboring man. said knew the defendant
and knew james O'Brien; he remembered some
unusual occurrences that took place in
Second avenue on the morning Of elec-
ton; he saw Croker and O'Brien were
exchanging some pretty hard words;
O'Brien struck Croker and the. latter returned
the compliment; when Croker hit O'Brien he
had nothing IN his hand; when the of1icer was
between the two men pistol shot was fired; did
not see anybody tall, but saw them carrying
McKenna to the drug store; was watching Crokers
hands, and saw no pistol in them. s
Cr0ssexamined briefly ana dismissed.
hr. Fellows At this stage found he had no more
witnesses to 60 on with. He said that he would
have to ask the harsher Intervention OF the Court
TO compel the witnesses to present themselves as
p0sa 10 force the attendance OF the parties
Thomas Feeley. clerk to one oi the deputy sher-
Had known Johu McKenna 10 his life time.
Mr. Clinton informed the Court that he proposed
Kenna had assaulted the witness In brutal and
outrageous manner, making the remark that that
his friends tue next day. Tne defence wanted
to show Il the Court pleased. the rufnanly char
Tne Conrt-Weii, If croker did no. nre the fatal
shot, what on earth ts the use OF showing the
character OF McKennaf
After some cross bu, harmless shooting by coun.
sci Mr. Clinton withdrew his otter, and the trial
proceeded In order. . aas r& cGG
TESTIMONY OF RICHARD L. JOHNSON.
Richard L. Johnson, OF No. 619 Second avenue,
was sworn:-He saw the occurrence on Second
avenue from window in his house; he saw
thirty -fourth street and Croker from the direction
OF Thirty third street; there seemed to be al.
Croker gradually moved np toward Thirty fourth
street, followed by O'Brlen; when the parties had
ana ne saw enes
alter this pistols were fired; at he second shot a
man fell, with his head toward his twitnessD
shots from the railroad track; ne was ain that
neither o'Brien nor Croker had pistols.
tbat perfect silence reign for the space OF one
minute that the jury, the Court aud counsel might
e. q q M @
curately ascertained. Tne witness listened iOr
the minute. as every one did N lacs and con.
ciuded to tell counsel that all the trouble was
In the minutes time. t Atih
The cross-examinarion did not m atcr.aily cnange
the evidence given on the direct examination of
Some delay here followed through the absence
Of the witnesses that were called. s fc
Judge barrett said:-Gentiemen, this case must
proceed; We have , ti:e Jury waiting all TINS time
get the witnesses 10 court In the meantime Q
witness named Feeney, who had been examined
brieny before, was recalled and asked some fur.
the c0ntumacious witnesses, and granted attach
ments 10 compel their attendance. rs -.s.
fesney esed pS ha ne Mas between
Thrty-thrd and Tnifty-rourth streets all OF elec-
.lon day; , ss was there IN The ,nteres: o.
sxssn o'Dfsn and Grocer; heard them
they % struck each other, oBnen striking FIRST nrst
George mickey struck at the same time with Gro.
ker, aiming al O'bTlen, DuL ne ulO not rcdcn Dlm
3 tall policeman came upon the scene and pushed
the prisoner out into the street, heard the shots
aiterward, and saw the man staggcr and fall
Croker ct the time was between the up and down,
town tracks In Tnirty.iourth street, IN charge Of
the tall policeman.
M THE DEFENCE RESTS. .044I
The defence here rested their case, 90 they
could not do anything else, having no more wit.
nesses. There we're other witnesses, whose testi-
mony was merely cumulative, but as they did not
attend they rested. sf aag .r8 trG .
District Attorney Phelps conceded here that the
ball that caused the death OF McKenna did not
come from the pistol produced Ia court, and which
was taken from Sheridan.
A recess was then taken. At three O'Clock the
Court reassembed. y stA
SUMMING UP FOR THE DEFENcB 1s.tt7
Mr. Onnton proceeded to address, tue jury. He
vent over the testimony or the yarions witnesses
even the testimony for the Prosecution rightly
construed, proved that Coroner Croker did NOT lre
tne Iatal snot Dy which John McKenna fell Out OF
some tWenty Witnesses but one. James O'Brien,