The New York herald., 1874-11-11
Know; but to the best OF my opinion it came nom

AaON uut W tne ptst OF my opinion III came lr0m
Q. Did yon see his arm raisedr A Yes, did: i
Was little excited al the time.
" Nnere dad he get the pistol fromS A. / can
not say.
BY the Jury-Q What made you think it was
\ Croker's hands.
q; Dia you see pistol IN anybody else's hands
Y fhen u IS merely supposition II is not posi-
i've a. It Is supposltion; am not POSITIVE;
~ ~. =. uid you see any one ire pistol A. isa"
! Q. Was ne the man who fired the pistol shot ?
BY Colonel Eellows-o. Did you see Croker have
the pistol 10 his hands before the shot was nreaf
O. Where were you standing9 A. was standing
by she lamppost and telegraph pole; was looking
BY the Jlry-o. In whose interest were You at
work tnat dayf A. was IL the interest OF Mr.
1 o'Bnen ana MI. Bignei and the rest OF the Tam
many party.
TESTIMONY OF JAMES CARR.
James Carr said that he resided at No. aoa
East Tldrty-1ft street; tnat ne was a iaborer; /;
and saw the fight between croker and o'Brien; ;
he saw another man With pistol IN his hand; he
heard some shots fired; he saw man iall and
then he saw young man run toward The avenue; I;
ne teheyed The man ne saw with a pistol was
croker or 0'Brien.
O Did you sec man who fred the first snot2
O. Where did you see him? A. saw him fire a
shot and then run 20 the west slde OF the avenue.
O. Have you seen him since a. No: i have
By she Ooroner-Q. Were you acquainted With
Hickeys A. | saw hum once; thai Is the man
pointing TO George Hickey.
A LIVELY TALK 10 TIE CORONER.
At the conclusion Of this witness testimony AS
5lSan District Attorney Russell rose and said that
he desired 70 De Instructed by the Coroner as TO
whether ne tad decided TO deviate from the course
sci asking questions through the Coroner. He had
noticed that when evidence likely to excupate
cross-examination both by Coroner and counsel.
Coroner Noltman replied that when he knew
the character OF witnesses he did that which ne
believed vas the practice IN the District Attorneys
once IN relation TO such witnesses.
Assistant District Attorney Russell said that his
only OBJECT IN making the inquiry was 10 know
what the coroner proposed 10 do In the examine
ton OF witnesses.
Coroner Woltrnal-I Will allow you to cross-ex-
When this examination by Mr. Russell was com
pleted Coroner Woltmaa said 81 have allowed
you TO do this With this witness, Dut WILL not
allow you 10 DO II AGAIN l VIII not have the ex-
ANIMATION taken out oI my hands"
Mr. RUSSELL only wish to understand what is
your course. The counsel Tor o defendant is
allowed to crosse xamine; you cross-examine,
although You say you represent the people, with,
may be mistaken an apparent endeavor 70 SO
obtain evidence as snail exculpate certain defend
ants. II am wrong III that supposltiOn am very
sorry. But l think 1t is very desirable that
an impression should not be caused that
concerned 1 am quite content that this inquest
should be with you, and that do not ask single
question. There Is another tribunal alter TINS,
whatever may De the result here, wnere witnesses
VIII be examined according TO the rules or evt-
jury My only Is that the interests justice
shall be preserved, and II l am WRONG IN my con-
young Official. Representing the interests do
was constrained 10 make The observations have
made.
Colonel Fellows said that he decidedly differed
with the Coroner, as he had with all the CoronerS
In their practice Of restraining the counsel for
to witnesses. He had never yet Seen any law tnat
gave any authority Tor such course. He hoped
that IN the present case his rlend Mr.. Russell, and
reUreSeQtllO interests
Croker would be permitted TO put questions to
the witnesses subject TO the ruling OF the Court for
the Coroner was as much court as any court In
the world
A recess was here taken for three-quarters OF an
hour.
After the Recess.
Patrick McAlear was the ne xt witness examined.
he testified that he resided al No. 345 East Thirty
third street; at about quarter past seven he was
handed ticket TO vote on the morning OF elec-
tlon, but he SAID he had already voted; he supse-
quentiy met two gentlemen at Thirty-fourtn street
on second avenue. and afterward crowd; he
heard hard words" between Mr. Croker and ex-
senator % 'Brien and immediately atterward some
nring: he Saw a man shot and then he ran into q
Croker coming down the avenue; saw no weapon
with him had Known him since he was boy and
/ had never known hlnl TO carry firearms. nor had
i he ever heard mat Mr. o'Brlen carried pistol;
Witness added that he knew but little oil the oc.
currence ana that he never mingled in politics. ne
i could not swear to the conversation that took
! place prior TO the night; he thought there were
about i've shots fred alter ne entered the saloon,
and ne considered the place was too hot for him,
In response to juror, the witness stated that
neither O'Bren nor Croker had plsto; he saw
q shot fired and 1t struck stone near the rail-
TESTIMONY OF FRANCIS poERsTER.
Francis Foerster drug clerk, OF NO. 623 Second
avenue. testified that McKenna was brought into
his store on the morning Of rae election; some
body asked for some brandy and water for him,
anu he drank 1t; sergeant OF polce came in and
asked Ackenna who shot him; either McKenna or
somebody replied that 1t was Croker wno fired the
shot; he could not say who made tnat statement;
the store; he was carried by four persons; some
ness added about dve cents worth Of brandy. Nc
kenna was quite pale and sad looking.
ws n inal yoI S
Witness could not say; only heard the word
''Croker;r that's all know about It.
To the observation-disclosures remained In the store
about quarter Of an hour; cannot tell the con-
dltion he was in when he was taken out
Edward A. Lusk, OF No. 1886 East Thirty-frst
street. testified that on the morning IN question ne
saw o'Bren come across the street and COM
mence an argument with gentleman whose name
ne was informed was croker; after some words
returned, during the ngnt young man rushed
into the street, and the next moment he saw him
shot down; at this time ne saw Mr.. croker stand
ing the street, ano as far as he could remember
a policeman was holding one OF his hands; when
he saw the maa snot he wondered that
fight he heard Croker eau o'Brien thief and
O'Brien responded with other epiuhets; witness
was sure that O'Brien struck the first blow; he
swore positively that neither O'Brien nor Croker
had pistol; ne was standing sufiaientlg near
them 20 see II they had arms; after McRenna had
been shot down four shots were fred, out the
witness could not state who fred; the shoot
4 ing came rom the MIDDLE OF the street and Mr..
Croker standing on the downtown SIDE OF
the sidewalk.
To Juror swear positively that neither
O'Brlen nor croker lad pistol at the time or the
occurrence.
\ Colonel Fellows here intimated that, as the
Assistant District Attorney was unayoldaDly alb
sent, ne would not ask any questions except In
writing, which should afterward be submitted to
him.
TESTIMONY OF FREDERICK MULLER.
Frederick Miller, o lad ABOUT twelve years old,
residing at No. $40 east Filth street, testified that
\ on the morning OF the occurrence he saw two
policemen holding man who was firing a pistol;
q ma was afterward shot, ana when asked who
shot him said II was Croker ana Hickey; be
man gong up Thirty-ourth street accompanied by
policeman with revoiver IN AIS hand; witness