The New York herald., 1874-12-11
THE M'KENNA MURDER.
The Prosecution Cl0sed-COunSel
Opening for the Defence.
Kcksnna Did Not Fall Tin after the Third
Shot Was Fired.
THIRD DAYS PROCEEDINGS.

morning OF the Sd or November last, was resume,
yesterday morning in the Court OF Oyer and Ter
miner before Judge Barrett There was a large
attendance Of spectators present throughout the
day, probably owing to the fact that the prisoner
ana his witnesses would present their version o
the afrray. and that an eloquent review OF all the
circumstances from this standpoint would be pre-
senred to the jury by prisoners counsel The
Court being duly opened proceedings were at
once resumed.
CoUNsELs OPENING FOR THE DEFENCE.
MT. Fellows, in opening the case to the jury,
sald:-
IN the conduct OF this trial TO present 10 you the
line OI defence which Will DC pursued ia penaii OF
whether / succeed or not TO emulate the 1air,
impartial and Just opening wncn was
nothing that the witnesses Will not corroborate
with tneir own lips. l shall not wander beyond
the case, but consider tbose aspects o. u wnicn
and TO which your attention must more or less
have been directed. The plain. direct unembar-
rassed question Is, whether Richard Croker shot
John McKenna, and II he did, whether tnat con-
stltutes the crime charged; because, II 1t should
be SHOWN tnat Richard Croker shot John McKenna,
the second and graver question ior you to con-
ne did That must be gathered from all the
facts attending 1t. because none will dispute the
circums tances surrounding 1t and from all the
proposition that the taking OF human lie without
u
crime. Before proceeding to the defence we may
he enaDed TO congratulate ourselves, on the part
OF the prisoner. that he has been 50 fortunate IN
the tribunal before whom his case Is placed You
will bear witness that we sought only to put in
the seats you now occupy gentlemen OF fairness
and Intelligence. and the District Attorney readily
co-operated. These issues have been discussed,
and in the public journals the case
nas seen rom Ih e and unreae possp
OF the streets. Now tor the first time
the defendant comes before a jury OF his peers TO
haxa rsalN nf uyrfb hon
or bias. TIE theory OF the prosecution has been
presented TO you that this man cooly, deliber-
heart, took the LIE of human being. should
call your attention to one or Two legal PROPOSE
nons, nrss that the act charged must be proved
beyond the possibility OF any doubt, and IT must be
proved beyond the possibility OF reasonable doabt
that the prisoner at the bar was the one who
committed that crime. will call your attention
10 the testimony by which the prosecution have
made out their case. 1t IS just 1 should con-
front tine prosecution right mere aa.o with the the
could have beer any mistake on the part OF their
witnesses. There is no room left here for that
sometimes characterzes transactions Of this kind.
On one side or the other the witnesses here CON-
nesses tor the prosecution are forsworn or the
long array OF witnesses whom we shall put TO
contradict every statement pointing to the guilt
OF this prisoner Will have come here lor the pur-
pose OF loading their souls with the crime OF per-
jury. There can be no possibility OF doubt either
that Croker did did not shoot, and we deny that
Croker mad anything to do with the shooting
any more than had either Of you or the Judge
upon the Bench, except tnat he was contiguous
to the place where the man was shot, TO prove
tnat Croker did the shooting they have called two
witnesses and only two and they are brothers,
swo who testified that Croker fired the shot at
AcKenna- Both these testified afnrmatively and
to that effect n M ee nana wna
shot. But these two witnesses YIN aa,
necessary TO call your attention to the witness,
James o'Brien. From the moment he opens his
mouth 10 begin he is contradlcted in very many
points. He testified that he was going by IN car,
when Borst beckoned TO him. He IS contrad1cted
by Borst. who said he saw him on the opposite
side Of the avenue. We have shown to you the
importance OF the contradiction by reference to
the iact wnlch Will be more directly proved, tnat
gang OF ruffians in the interest OF James O'Bren,
were there to 40 his work. and had begun that
morning their nefariOus acts-the men. who the
night before kept their drunken revels at place
they did not dare to name when upon
the stand: the mel who bear significant aliases,
not one o. whom, u we may judge by their popular
thief These men, VINO took breakfast that morn
ing at the Jackson Club, were walking along the
nne or that avenue, and we have succeeded in
showing from them some OF their acts. Now, 1t
became important Tor O-Brien, In order to give his
testimony the stamp OF authority, to show you
that ne was not acting with these men that MORN
ing was not conscious OF their presence, and was
not within easy call and beck If they should 1a
into trouble, and he would have you believe he
was passer-by, having no cognzance OF the pres
ence OF these men. Tney would have you be.
came there early IN the morning without concert
OF action, without any understanding with each
other or wish expressed on the part OF OBrien !;
but all met there BY accident. and had been walk
ing IN groups from polling box TO polling box
BY accident And wherever tney are found an
O'Brien Is found with them. When they met
croker James OBrien was within haIllng distance
and crossed over Immediately When Luke Casey
was Knocked down that morning Larry OBr1en
was there, and Steve 0'Brien tolc you he made
two assaults tnat morning. Wherever these men
we're located you find an O'Brien with them. ON
the morning in question, or on the night revi0us
notice had come 10 certain parties, and among
others to the Police Commissioners that these
party rufnans would be IN that district the next
morning. and TO be there for the purpose which 1t
In manifest TO you tney went TORI and this defend
ant called on the police department. and begged
their intervention on benalf or good order and
peaceful election tnat morning. knowing what
was the purpose OF these men police force, in
the Judgment OF the Commissioners adequate,
was sent there, but disturbances began before the
polls opened and continued through the day.
These men went through the avenue
heating many severely turning over the boxes
aud destroying the tickets Croker Was promi-
terested tnat his political friends had an un-
obstructed opportunity OF voting. Here these
parties were engaged In these acts OF violence.
Croker went down the avenue Tor the purpose or
stopping them. the two he first met were Borst
and Costello. He knew the character OF these
men; knew they were not residents OF tnat DIS
told them they had no ousineis In that district and
should be ashamed to come there TO DO their
II
gang oil thieves away he would see that ior t1eir
days work they got INTO state Prison; while
the conversation was going on Borst beckoned 10
OBrien; he came across, and an angry altercatloH
ensued between them, and finally UBrIen struck
Croker upon the head; Croker replied, hitting
0'Brlen upon the lip; then they clinched; the
police rushed where they were, and before
. snot was fred stood right by the
parties and attempted to separate them.
when the shot was fired and Mckenna
fell. Immediately other shots were dred-seven
Or eight in sI-rapldly. with scarce an oppor.
ianity 10 count the number. At that time Croker
and 0'Brien stood face to lace. close together, Il
not actually grapped with each other. At that
tme the pelice officers were standing there ioI
Lne purpose OF stopping the hgnr. The Dlstrici
Attorney iailed to put any OF them on the stand,
except one who came there after the shooting
We Will put on the stand every policeman Who
was present Iwant to call your attention 10
what N 10 me an extraordinary and unexplainable lie
iact. Who were the two central figures in tnis oc
currencef VINO were the two men to whom all
eyes OF ISLANDERS by were dtrectedf Who but
lanes O'Brien and Richard Croker, the defendant
Every eye was directed TO them. Nobody dreamed
tnat pistol was TO be pulled, and nobody saw q