, 1874-12-25
Proceedings Of tho Third Day Of the
Trial.
The Testimony for Prosecution and
Defense All In.
McDonalGs Witnesses Swear the Pistol
Was Not Loaded.
And tho Other Side Could Not
Prove It NV,.s.
Tho Matter Will Bo Finished Saturday,

Tho Matter Will Bo Finished Saturday.
Yesterday, aa usuul for tho past fow days, the
crowds attending tho nlcGarry- Mcdonald trial n.
tho Criminal Court began to nssombo carly. Az
THE JURORS
got together tlsoy Joined in little knots nnd tho
most casuat observer Nnong the spectators could
not hcip noticing that something unusual had
stirred tho 1ninda Of tho mon upon whose flint
McDonalds fate principally hangs. Ench juror
soou1ed to como into tho room ready primcd to
tue bursting point. Each fresh arrival
induced n fresh explosion. They woro
evidently ns mad ns hornets. Tho ca,ac
aoon becamo manifest. Firat ono md
tf3cu another demanded tho name Of tho reporter
for tho Times who attended, tho Court. Donun-
ciatfons hosh loud and deep, wero hurled at his
head. a copy Of that jonrna! was pasaol from
hand to hand among tho jury, and oaoh caro-
fully read tho Times description of twelve.
The moro thoy read, tho holsor they got. Tho
nli-unconscions author walked calmly iu, and
somebody pointed him out 10 tho Jury.
Thon TINT jury went for t!lat honthon
Chinco Of q reporter. He evidently felt ,,l,-
comfortably. Angry cycs 'nshod upon him, and
angrior voices aesailod his oats. Ono juror was
moro especially indignant 1c not only gon-
orally hauled tho lucklcss reporter over tho
Goals, hnt paid hls compliments 10 Mr.. Storey,
Tho proprietor Of tho Times, ju atylo and will,
q vim tint would hayo dono credit to a bottcr
cause. l1o summed up TINT gontlomana private
nnd public career in Il way that was at oilco
cpigralnnlalio and effective. The reporter re-
ferrod all responsibility for tho article to tho
city ostitor OF tho Times. Hu. that would not
do, md q juror said he would not Rit rs such In
that Court with tho reporter writing thore; his
presence was
AN 1NsuLT TO THE JURY.
Go sooner did Judge Tree prcHcnt ]limBc!f thnn
tho jury surrounded him, hut after listening
patiently to their talo, Au tnotoned them inside,
mud tho Court was duly opened. As soon M tho
proliminaries wore eudod, hlr. Joseph Eutlor nl-
which ho vas 4 member. Ha informed tic
Court thGs tho jury felt deeply aggrioyed by tho
article in tho Times, descriptive Of tho previous
day's portion Of tho ttial. Ia which was tile OBJ
noxious pessaso complained Of ~ reaectins
rezpcctnbillty OF the jury.
Tho Court said 1t was
HIGHLY IMPROPER
for papor to entcr into case, ns had been
was 1naniiestly Improper, and tito Court did not
wonder that the jury Ind drawn public attention
to tho article by their action-they had just
cnuas for doing 30. At lilo same time. tho mat
&EEb lIHllb ptHcD III Luo court NGTO OF ElGl O
character TINT tho public had right to know
a!l about thom. Tho court was lilo place wllcro
NIL persons wero permitted to be present. While
tho Court unqualiticlly condonnod any attempt
to boltto thin jury or to iutoriero With 1t in any
way, tho Court Ind no powor to exclude any one
from it.
Tho other markcil foaturos Of tho Days pro-
cccdings WAS tho conduct OF
. MICHAEL 0EAny
Whfo toBt1ylnE Tor tho dcfcu9e, In fact hi3
HEtIr 3yaA viyi1 nn In II, In In ,,arvoo
Of a. 5. Tru1c, of tic dofepdant's oounaol. WHO
begged tho witness to be not quite 80 tragic.
"Wo want, suil Arr. o'Drfcn, :. n little trng-
edy with tue comedy. Lot him 60 on"
COUNTY ATTORNEY HouNTnEE'
VAS the flrut witncsB Called who 6ubataptiatol
tho accounts Of tho row in AlcGarrys saloou as
givon OIL tho previous day, without developing
much NOW mattor. To heard tho samo bad
testified. to. When ho asw Mcdonald draw
tho revolver, lle anticipated Bono injury would
bo done, mud accordingly so!zed lcDonald's arm
At the sumo time Mcdonald put his left hand
into wituoys' eyes. but tho lattor held ON to tue
revolver. perioias got tho revolver after strug-
gle The rovolycr WAS medium-Bized.
Tho defense waived cross-exanlnation.
MICHAEL. CoaAN,
barkocpor for 1lcGatty, was next called, and toB.
titled that Mcdonald camo i'll with JoIl, Garrity
aud Nick Goary. After tho defendant first came
i'll, he spoke to eome ono near tho door,
and tllen walked right up to AlcGarry
aud commenced tho atfray by ashing the latter If
ho lad "a; 1aid the defendant was q tntef; and SO
volver pointed at McGarry, and held it over tho
counter about feot from blcGarry, who WAC
near tho wash~room door. Mcdonald was ex-
cited.
Cross-cra,nsned. BY alr. Hc,rey: Miller, Gar
rick, Poriolat, nountroo, Doydou. ani Corrigan
were thoro. The witness lore explained the plan
OF tho room. McGarry wont to the wnsLroom
&c door r. at the north END OF tho bar, and
tho witnoes 3 described McoarYa position ut that
did not go behina tho bar. Mcdonald was flour
Bhlng nround. aIoGarry wont f,,r MI of.icer md
in no doing had to pass Mcdonald to got to tho
front door. Tho parties wero struggling when
McGarry went to tho door. The people WHO
were struggling wero trying to get pos9cssion Of
the rovolvor-Nountroe, Garrick, aud that party
Saw tho defendant como into tho atoro with
Garrity and Nick Gcary following linn. Did not
but saw It over tic % bar lie Medarg ' LAD SiAGs 10
weapon in the washroonl. There was caue-
gun III Tho Mushroom. uo had mover tried it IN
any way.
IL reply to MIR. o,Brlcn, tho witness sald
attempted to 60 ii.
Mr. o'Brion-Was Mcdarry in tho habit OF
Using weapon?
After storm anoug tho COUNCIL Tie witness
to TINT hmo. Continuing, the wituess said le
could not tell ir tho cane-guA was loaded.
G. i. pElslotAT
confessed. rs tho next witness examined,
TINT l.o was proHont on tho occasion Of
Tho row u. MeGalry'a saloon. lie doscribea
AtcGarry'a Eposition mud Me1)ouAld's foul lan-
guugo as before narrated. Mcdonald i1ourlal,od
lie revolver around. about 0 feet from
McGnrry: Thls witness said tho pistol was
pointed downwards, and would, II 1t Ind gono Of,
have struck tho countor. It was also pointed u
littlo. to ono side OF McGarry. Ilo could
no. eay, whethor Ao got tho pistol from
lso,,ntreu'a laud or MeDonnla's; ho only
know that he got it.. 0arrlty tools it FROM
him by forco md wont out wisi, 1t. Ho could
not say II Clarity was talon iu charge by tho
officers.
Cross-crami,,ed DylIr. Trude. His opportuni.
tics for judging II ilso revolver waa loadod were
good. llo thought it would, II loaded, hayo gono
on in tho Hcvimtnago.
By Ar. 0'B,isa: Had not time to tell If It was
loRdol.
JOHN 0AnnIoK
WaB placed upon tho utalid and examined by 1Ir.
Cameron. Tho 6rst lo saw OF Mcdonald Ae WAS
light III front Of l.lu. and Immediately saw him
klGEArrY. liClt WuOtn WitnR8A WIN |