The New York herald., 1874-12-11

1 WltnesseE Tor tne defence were supporters O
O'Brien. They saw the whole controversy. and
no pistol. What became Of CroKer's pistol II ne
| II silvery and shining. The police officers were
standing by and Immediately searched Croker s
pockets. Steve UBrien Thought IL was given to
Hickey but there was no chance for It go out OF
hickey's possession. as he too was immediately
arrested The men we shall introauce .ons as
| witnesses are such as are entitled TO your con-
hdence. The brother OF Bigin. the republican an
candidate Tor Assembly. knows croker nau ~, no ~
| fred besides those accounted for by persons VINO
ran away. In conclusion, Mr. Fellows pa proU.a'uea s
upon his honor that the accused was entIey ~, !,
| nocent. and they would prove II by the ups OF
dislnterested witnesses.
Testimony for the Defence.
EDWARD A. LusK ON THE STAND.
| The first witness called was Edward A. Lusk, OF
No. 80 East Tnrsy-frst street :-on the morning
of election he was in the vicinity OF the scene or
the shooting; did not know either 0BrIen or
Croker; saw O'Bren approach where Croker
| stood: some words ensued, when O'Brlen struck
Croker and the latter returned the blow; 0'Brien
! did not make any movement to retreat; when
! Croker was struck his hat fell on; Croker
backed into the street, followed by 0'Bren there
was rush, several persons struck out, the police
interiered. grabbed O'Bren and Croker, . shot
was fired and a man fell at the time the shot was
fired Croker and O'Brien were about to strike
each other neither O'Brien nor Croker had pls-
tol IN their han1s; at the time McKenna fell his
left side was towards Croker; McKenna fell at the
first shot, ano that shot came from the direction
OF the car track. the uptown side from where
Here the witness was interrogated by juror
and asked TO describe the position he occupied
and the positions occupied by Croker and others
at the time OF the shooting, which he dld. Alter
this the regular examination was continued.
witness-I did not hear o'Brien call for the po-
Crosse xamined.-I happened to visit man
named Higgins, and that IS how happened TO be IN
the vicinity; visited Ihotnas hlsgins, mquor
dealer, who was working In the interest OF O'Bren
went to the polls az 6:2o A. N.
Q. Explain now It was that you stood quietly
looking at man lying wounded on the ground
al made no movement TO assist hlm? A. didn't
know any OF the parties and didn't want TO inter-
fere.
o. Was 1t because you had not been introduced
to the parties that you would not assist wounded
aos oS 70 At
hred: % tne the oniser was standing behind
O'Brien looked his shoulder, ''nauled
on'' and struck Croker; he did not observe any
shooting in the direction OF the 1allen body did
not see either Stephen O'Brien or Craig approach
McKenna and run back on account OF the shooting;
his back before any one came near him. and wit
ness was wondering how no one went to help him
Tor fully five minutes, and II either stephen
O'Bren or Craig went near the body witness would
have seen them. In reply to Judge Barrett, the
witness said he was looking at Croker's hands ana
kept his eye on them all the time; saw no pistol
TO Mr.. Rollins-I was standing about eight leet
nine inches from where the body lay, and tne
To a Juror measured with foot rule. anG it
was eight feet nine lncnes as well as my memory
serves me; made no memorandum OF it.
Mr. Rollns-Why did you measure 1t \. De.
Judge Barrett-What was there TO Indicate the
spot on the street A. remembered tne spot
and measured to 1t.
The Court then took recess.
After Recess.
TESTIMONY OF HENRY G. SOMERs.
Henry G. Somers, 245 East Tnirty-lOurtn street,
keeper, but not doing any business at present;
on the morning OF the election went INTO sta
tlonery store on Second avenue. near Thirty
fourth street; after came out heard shot fred;
looked IN the direction and saw Croker and
O'Brien; saw them strike at each other; they
were about foot and q half apart; neither had
any weapon in bis hand that l saw; didn't see
McKenna till after he tell; think his right side
ana Croker aaS ABOUT he M
IRON elther the latter, 10 the best OF my opinion,
was standing on the nagway. witness indicated
reference to where Croker was standlng.) Lett the
crowd as quick as 1 could; McKenna's head, alter
he fell, was about three feet from where Croker
stood.
| By Mr.. PnelpS-Was employed IN Saratoga last
| summer; lett there in SEPTEMBER; had no situa-
| tion since; was not engaged on election day at
s1n PGS for two or hree years there was no scnng
or fighting to attract my attention.; the first that
attracted me was the report OF pistol; up TO that
time ! had not seen Croker; had seen O'Bren
pre- evious to that; when first saw Croker he was
standing in front OF O'Brien; no one was between
them; alter the shooting some one caught Croker
by the arm; the party was standing close by
Croker AT the time; aon't know what became OF
tnat party alterward; heard IN all about seven
shots; did not see any pistols with any one; was
engaged while in Saratoga at the United states
Hotel; mad some money coming nome, and nave
James Fogarty; did not tell him that had read
O'Brien's testimony in the newspapers and what
nd flu yVffh IA unnf
had seen.
TO Judge Barrett understood that all the
persons, McKenna, Croker and O'Brien were on
the sidewalk; did not see any one assisting Nc
Kenna; saw several step over him but did not
o. Where was Crok er at that time A. believe
ne was IN charge OF the ofilcer.
Q. Did Croker step over McKennas A. No,
nobody went 10 assist or PICK up McKenna TILL
after the firing was over
TESTIMONY OF JAMES CONWAY.
James Conway called and examined-Am truck
driver, living in East Thlrty-ninlh street. on the
morning OF the election was standing on the
northeast corner of , Thirty nyer, fourth street
the the Street; they were talking. but could
nos noticed was osren striking at Croker and
Croker striking back at O'Brien; they we're then
street A toward them; then heard shot: at that
moment O'Brien and Croker were sparring at
eacn other; the nrst ] saw OF Mckenna was when
ne was falling IN the street, he Iell eight or nine
feet from the curbstone; to the best OF my opinion
there were
THREE SHOTS FIRED BEFORE M'KENNA FELL;
the shots went or very quick.
O. Did you see anyt Thing In the hands OF O'Br1en
or UrokerS A. did not
q. Could you have seen anything In their hands
II they had anything A, Yes; they had nothing
in their hands that know Oh sometimes they mad
their dsts shut Croker, at the time OF the shoot
ing was standing ON the down side IRON where
the shots were fred.
Cross examned-No one fell when / heard the
first shot; the three shots were as quick as that
witness strikes his hands quickly together
three tines there was man there with a ps-
tOl; don't know who he was; whoever the man
was McKenna was right In front OF MIN when ne
fell knew George Hickey when / saw him at the
Coroner's inquest; he also had pistol; the other
man that had pistol was dark compile xioned
man 0'Bli len and Croker were not fighting when
the shots we're fired; policeman had separated
them; that was before the first shot; the police
man was on the sidewalk at the time; the police
man raised his club and some one caught hold Of
is saw nothing IN CroKer's nano /; II he had pis-
/ III hav We