The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-29

the panel, and Leahy. pulling out hts revolver, and
without word OF warning, nred his pistol through
the opening. The ball nit Mcnamara in q vital
part. and, though he lived to be conveyed TO the
hospital, he died shortly afterwards. The Grand
Jury indicted Leahy for mansianghter. and yester-
oyer and Terminer, before Judge Brady. There
was crowded court room. District
ana a. oakey Han and William r. Howe for the
prisoner. He seemed to evince no especial anx-
formed a striking contrast TO that OF the unfortu-
nate widow dressed In deep mourning and holding
~ nsr nap IN t sne ss o. tnse
the rigid examination OF Mr.. Howe and his evident
determination TO get no one in the jury box
had read in the newspapers, it took two hours TO
get jury, which accomplished the Court took
recess.
OPENING FOR THE PROSECUTION.
On the reassernbling OIL the Court Mr.. Phelps pro-
he said, a case OF verv great importance to ths
community, OF great Importance In the orderly
and proper administration OF justice. aud the
preservation OF the rights OF citizens peacefully
ana lawfully abiding in their own homes, to be
free from unauthorized interference with their
peace on the part OF the Officers OF the law, twas
question which will require at their hands the
most impartial investigation; for, Interested as
you and all OF them were IN the preservation OF the
peace and the suppression OF crime and the ap-
prehenslon and punishment OF criminals, they
were to guard on the one hand against any undue
harshness or penalty being visited on officers OF
the law engaged In what they believe to be the
performance 90 OF duty ana. on the other
vested In the hands Of officers OF the law
shall not be perverted or abused by them to
the injury or harm or the citizens, and to dscrim-
mate under the evidence and the law, as It Will be
gwen TO them by the learned Court, between these
Se ' tS dvy @
posed upon hun by the law. If the person hiring
the shot In this case had no reason for 1t except
by his unlawful VIII and desire to enter the prem
Uses, he would be subject to a much more serious
charge-he would be guilty of murder; but the
Grand Jury have indicted HIM for manslaughter,
showing that in their Judgment the defendant had
no intention to take life. and was not engaged in
felony. The detectives among them the pris-
ninth street. on the second floor OF which Michael
Mcnamara resided with his wife, three children,
and woman named Mary Murphy At hafpast
three ia the morning, Mcnamara, stranger Ia
Dorer about five months in this country, peace
the screams OF the women and violent knock
ing at the door, aud he Jumped out OF bed and
seized the ire shovel to defend himself from the
persons attempting to burst in the door. The de-
tecrives were searching the premises for person
whom they believed to be engaged IN the commits
sion Of a felony, and while Mcnamara stood with
the shovel raised the panels were burst IN and
pistol was fired from The other side OF the door.
from the effects OF which he died in a few days. 1t
will not be pretended that this man committed
any offence or was under suspicion, but was IN the
1uil enjoymept OF the peace OF the country. They
had to determine whether midnight Intrusion or
officers OF the law, without warrant or authority
OF law: into premises oil citizen who had COM
mtted no offence, Is sucn an intrusion that he Is
justified IN resisting it by such means as are In his
power, and whether, II he does resist IT, he Is to
law. Unless the prisoner satisfied them that the
shooting justlable he is guilty OF some one Of
the degrees OF manslaughter.
TESTIMONY FOR THE PROSECUTION.
The first witness called Was Rose Mcnamara,
widow o. the deceased she testified tnat on near
thinking that drunken men were bursting open the
door, and they called TO Mcnamara; he seized the
showed in and pistol was fred, anu two men
came IN ana put pistols to her husbands head; the
men went away and came back and said they were
detectives; not word about their being officers
was said before; then she found that her husband
was shot through the navel; the men went away
and came back the third time and took her hus-
On her crosse examination she said she and her
husband came from country part OF Ireland; she
heard the police had been searching the house Tor
a thief the DAY before, and that shot was nred
Mary Murphy testified The door was partly open
when the shot was fired; Mcnamara had been
when the shot was fred, because the lock sprung
OF and the door was open; there were five or SIX
men outside, anu they said nothing about Deing
officers until alter they came back the third time
and asked Mcnamara TO go 70 hospital with
them; he was afraid to go until he found they
were officers; they had a policeman in Uniform
with them when they Came back.
oricer Reilly, who accompanied the prisoner on
the night OF the homicide, testified that they
planted men at the coal hole and the back and
/ front doors; they went there by order OF Captain
/ irving to look for Dutch Harmon. who they were
informed, lived there with woman; they searched
and burst open doors from top to bottom, and re-
! turning saw a hight through McNamara's door and
foot passing over the floor and burst in the door ;
the deceased struck witness with shovel on the
wrist and Knocked him against Leahy who was
standing beside him with his pistol cooked and the
pistol was fired; then Leany cried out, GOOD God !
fred and did not intend to fire ~ witness posi-
lively swore that he testified TO this before the
coroner, though it was not taken down in his evil
dence.
Alter the examination OF this witness Mr..
Phelps expressed desire TO examine him further
and show that he had made mistake IN his test-
mony.
n object" said Mr.. Hail. Ito the District Attor.
ney crosse examining his own witness
.'But / don't propose to cross-examlne him."
protested Mr.. Phelps.
s'Call il what you please" responded Mr.. Hall,
'syou put yourself IN a hostile attitude to him.
II hardly expect to snow the skill OF profession
ais like the learned counsel on the other sde,n
remarked Mr. Phelps.
ave all know you are an amateur said Mr..
Hall, sin examining witnesses, and II is on &C
count OF our larger experience we wish to keep
you in legal bounds"
The subject not pursued further, and the
Court here adjourned Till the usual hour this
morning.