The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-30
THE MNAMARA MURDER.

THE MNAMARA MURDER.
Corn pietion OF the Testimony for the
Prosecution-Line Of the Defence-The
Shooting Alleged To BE Accidental
Police Record OF Detective Le4hy.
The trial OF Patrick J. Leahy. the detective in
dicted lor killing Michael Mcnamara, was resumed
yesterday, before Judge Brady, in the Court of
Oyer and Terminer. AS on the opening day OF the
trial, the court room was crowded. The accused
sat By his counsel, Messrs. A. Oakley Hall and
william I. Howe ana stroked his mustacbe with
the same nonchalance as since his arrest. Mr..
Phelps District Attorney who conducted the
prosecution, called several additional witnesses.
MORE EVIDENCE FOR THE PROSECUTION.
The first witness called was Detective Reilly,
who. with Detectives Leahy and williamson,
forced open NcNamara's door. He testified that
they first called out they were officers; they were
searching the premises Tor butch Harmon, desper-
ATE thief; they burst open the door. aud Mcnamara
struck witness on the chest, knocking him against
Leahy. whose pistol went off; ne admitted that the
house was 'surroundedi by the officers, but added
that he has known OF a criminal jumping
nom four story roof and escaping, and
this was only the third story, and there
was a back window; the detectives start
ed from Headquarters at hafpasr one
A. NJ, and did not call into any place on the way,
except on man named Conway. whom they
wanted to speak 10, At the corner OF Forty-sixth
street and Ninth avenue; when they burst = the
door they asked was any one hurt, and Mcnamara
answered that he was shot, but they didn't believe
him; he was standing upright, with the shovel
raised; they asked why he didn't let them IN, as
they were Officers and he said he didn't know they
were, that he heard OF thief being in the build
ing and firing on an officer, and he feared they
we're thieves OF the Dutch harmon gang
DIR. shine, Deputy Coroner. who examined the
body of deceased, described the nature of the
wound. The ball entered the stomach and was
picked out rom the back.
OPENING FOR THE Defence.
The above concluded tae testimony for the
prosecution. and Mr.. Howe thereuDon proceeded to
open Tor the defence He SAID that the District
Attorney. IN opening. had justly admitted the i'm
portance OF the issue the jury had 10 determine.
they had arraigned before them excellent
citzen and good officer, who during eight years.
duty on the police had rendered signal service by
Ine arrest OF lawiess depredators and the protec-
Gliding this the jury must bear In mind that
the unfortunate homicide, which no one deplored
more than the accused, occurred while he was
Obeying the orders OF his superior officers in en-
deavoring 10 effect the arrest OF a State Prison
convict and murderer, Dutch Harmon, the Jack
sheppard OF America. Alter compimenting the
efficlency OF the police III general, he stated that
ysRd peradventure That the unhappy event was
the result OF accident; That six choice and picked
omcers OF the ponce, OF whom the accused was
Which they had reason to believe the murderer,
Dutch Harmon, was secreted and that Offcer
Reilly, In falling back from a blow he received
from &C inmate OF the room, struck against Leahy,
causing the latter to accidentally discharge his
pistol, which he held at the time cooked in his
hand. file hoped that by their verdict they would
exculpate the accused from all blame In the mat
ter and restore him to his sphere OF former useful
ness. In conclusion he said that The whole defence
was comprehended IN one single word-an accl-
dent.
TESTIMONY FOR THE DEFENCE
Witnesses Tor the defence were now called. The
nrst witnesses we're rs TO the good character Of
Harmon Tor whom the detectives were searching
The witnesses were Captain Mount, Captain ~
nan, Captain Irving, Captain Mcdonald Captain
and Sergeant James and Roundsman Mccormack
AZ TO Harmons assaults on officers. Roundsman
Mccormack testified that ne went to arrest Har-
mon on the second floor or the very house where
the homicide occurred. Harmon was sitting
the window, snapped pistol at witness and
jumped out. The pistol missed ire.
Mr.. Hal-Why didn't you jump alter him9
Witness-lt would take too much time; he was
N position when went IN, and Just slipped on.
Mr.. Hali-He did the "Humpty Dumpty'' busi-
ness A. He did.
The Court here took recess and AFTER recess the
pistol With which Mcnamara was snot was passed
around to the jury and examined.
oflcer Frank Lober, OF the Twentieth precinct
testified that he was the officer who Uncovered
the body OF The Waterman VINO was shot al the
freight depot OF the Hudson River Railroad.
Captain irving. on being recalled, testified that
this shooting was, Ia Ris opinion, the work or
Dutch Harmon, though it could not be brought
home 10 hun Peter u. Standsh was captain OF the
night watch ut Bellevue Hospital on the night
MCNAMARA was taken there; Leahy and the
other officers came with him; there no sign or
drink on any OF the party.
OnceT Leahy testified that Captain Irving ordered
witness 70 arrest Harmon at all hazards; he and
the other officers called at the house where Dutch
Harmon lived; the offcer on the beat told
them FOUR men had Just entered that house; he
Knocked at McNdmara's door with his pistol, and
called out, "0pen, we are Offcers;r they forced
the door, aud saw big man with a shovel inside
wEo struck Reilly and Knocked him against wit
ness, and witness pistol went Oh.
TN cross-examiDation witness said when ne saw
tue man win the shovel inside Reilly was forcing
IN the door with bis shoulders and he stood behind
keL!va little TO the tight; Reilly stepped back a
Few rect and made an exclamation when he was
MT; they had their pistols Tor seidelence as tney
Deiieved Harmon was inside.
Detective Joseph "A. Woosey corroborated the
testimony OF the defendant as TO Oicer Ward tell
rug him tnat tour men had just entered that house
and that Reilly cried out. 1--WE are officers; open
lne docr.D
IN crosse Examination witness SAID he was
posted at the bottom OF the stairs; he heard three
or l0ur tunes, ave are ofiicers;n they didn't say
What they wanted; they SAID police oflcers; II ne
~ certain Of that; he heard Reilly say, ave are
police officers - when arresting persons witness
says, ~ am oficer," and II you ask, "what KIND
OF an officer ~ he SAYS ''Police >, he Is certain
Reilly said s'police oficeru once.
Detective Van Reischen gave similar testimony.
.0nicer Mullen called out Mr.. Howe, summon
ing the next witness II mean Police Officer Null
len," added the counsellor, and Mr.. Muiien came
Ios ward and took his place on the witness stand,
amia roars OF laughter. The witness, who was
ebe 81 LIE searching parry. began 20 give his YER