, 1874-10-03
MIKE MCDONALD.
Hi3 Examination OIL tho Charge Of As
saultiag McGarry.
TestImony Of Justice Bpydoa, John NJ.
Rountrce, and Others.
Tho Case Continued ELL Wodncs-
day.

Tho Armory Police Court was moderately full
Of people during tho trial ,niior cascs yoator-
day morning, but towards 10 o'clock tho number
Of spectators rapidly Increased. In anticipation
Of the arraignnout Of A1iko Mcdonald. Nick
Goary, aud John Qarfty, for assaulting Mr..
JanloB A&qGarry With tuteut to kill. Tho bois-
torouB Mike osmo Into tho room Rbout hnlf.past
10 o'cloolt, aeoompaniod by his attoruoy, A. 3.
Trutlo, nud wss followed In short tinlo by h!a
two associates. Among the othors present wcro
Commissioner Sheridan. AID. Afahr, Foley, aud
JOINS, Alexander Morrison, County-Attornoy
Rountroo, II. D, Millor, g, L, porioiat, Justice
Ecully, and Con. Cameron, who acted us proscou-
tot.
When tho Witnesses woro callod up 10 bo sworn,
JUSTICE uoYDER,
who occupied tha bonch, sad that, ag ho was
prosout during part Of tho afrray in Mr.. Nc
Garrys saloon, and might DO wanted ns witness
on eithcr Ride. It would DO improper for him
undor the circumstances to sit "a examining
magistrate. Ho had no wish to do 30, though
ha did not wish to shirk any responsibility.
Every man was entitled 10 q fair and impartial
hearing, mud bo was franls to say that ho Ind
Hono feeling. and had therefore sent for Justice
sc1lly, aahing bin to preside during tho lnvcati-
cation.
Tue Justice then retired, and Jua!ice Gcully
took his place, ramarking that ho assumed tho
dutioa out Of friendship, approaching tho
dclicacy of tho position OF Justice Daydcn. Ho
was not ut all anxious 10 investigate the mattor
but would do SO II no objection was raiaod to his
Jurisdiction, ho bolng Juatico OF Wost Chicago.
alr. Tr,1do said ho had no objection.
EEEglSu ron WITNESSES.
fnr OH 4hnk tfna a1,rtnt, In
iesued for st. Clair Sutherland, John Garrlck,
and Clark Lipe, who had failod to respond TO
tho Aubpnuns.
Upon questioning tho policeman wl,o had
chargo OF serving tho subpmnas it was loarnod
that tho gentlemen namod had not bcen sub-
pmuacl, anco thoy could not DO found.
Tho Court remarked that lo Ind aomo privato
mAttcrs to attend to- and would have to loave at
y o'clock.
Mr.. Irado wanted subpunas iRaued for sov-
ernl witnesses
The Court suggested that, it there wcro many
NituoEgcB in tic caso, It would be bctter to hnvo
tho oyidonco all put in at one bearing, 40 III to
avoid carrying 1t III the memory several days.
At the request Of Con. Cameron, the clerk H.
sued forthwith snbpmnacs for Mossrs. Garrick,
Sutherland, and Lfpc.
Tho derendnnts wero thon aBkod to plead, and
uaid "Not guilty."
Mr.. Truda askod tint each one bo trlod
separately.
Con. Cameron contcnilcd TINT the rrsonorr
woro not entitled to separate trials, since silcy
wole. Jointly Charged with assault with intent to
nnrdor, anu Woro oil arrested under tho samo
narrabt.
Nc. Trndo finally concluded to 70 on.
The witnesses wore then sworn, aud ordered to
leave tho room.
atl. JAMES M'aAnnY
the complainant, WAS called, and Testified ag fol-
lows: Jews am ~ proprietor Of tho saloon No., n:
prisoners. Mcdonald and Geary camo
irso my place about 8 o'clock Saturday
night. I was sitting on barrel Eear my office.
IN the back end OF tho store, talking to Justice
said '---7-y you hare aaid that l was =
thief, aud that you would not rest until you had
seltled me i'll tie penitentiary." or something 70
that OBJECT. said mo, uovor male use Of
that mattcr befors, sr Or oight months ago, and
| asked you Il you had any good authority"
says ho: You can surmiso who my authority
is" says Z: II asked you Il yon believed tl9t
know would not believe that ma1,." ue saya:
~ hsvo brought him hero to prove it,"
aeary was standing By tho 2. railing; @
him what Aliko Baid, nnd ho replied that did.
Mcdonald then continued to abuso me. using
very. violent language,, and having bis right
hand on luis hip pocket in which could 900 tho
uAliult u u IGSulV0Et hull9 uU MLS uUt15H Luies
somo gentleman caught hold Of him aud puod
him away. and. NJ he did 60. got up, and vent
TO tho end OF tho counter, and Mcdonald drew
hiH revolver and said "1want to kill you, you
Q,-what did ho do with tho revolver whom ho
drew it?
A-Ho lovolol it right at ms.
Mr.. Trudo ob1ectod to tho question, but mas
ovorruled.
Witucaa continued; Mcdonald waa within
ora feet Of me. aud goyoral gentlemen Grapplcd
with him. Quo Of them said to me, "Ifun out
Or thoy will kill you," md I ran out after q po-
lcomap. That was tho Inst saw Of Mcdonald.
Cross-e1ans1ed: It Is not fact that, wl'i!c
Mcdonald was drawing tho revolver, sono ons
grabbed him and pulled him down. I do not
know whether the revolver was loaded. When
hia arm was knocked down could SEQ the rod
caps" In tho cylinders, Mcdonald did not Rtrllo
mo, nor did either Goary or Clarity.
1URTIcE noYDEN
was tho next witness. He said: was present
in McGarrys saloon Saturday night. Know Alc-
Donald and Geary. Could not, point out Gar
rlty. Was talking to Mr.. Jameson when Nc
Donald mud Gcary came in. did not notice
anybody slso. doary followed neponala. 1t !;
heard Mcdonald say "low M ,s red:f3eed jim Z r
thon began to abuse Mr.. McaarEy in fierce,
oxcitod, and threatening manner, BaYing, Yon
have accused mo Of being thiof, aud would SEQ
mo in tho penitent!asy. you red-faced - -:
mr. AlcGarry replied, II don't wans my trouble
with you," denying that he hel nsed tho Inn
guago attributed to him. Mcdonald said. &" You
did Hny it, and repeated hts abusive epithots.
Ha was very mucl, excited, tumn]tuoun, loud,
aud ad ha his tight hand DC On a h
end OF lie barrel whom MoDonnltl stepped up 10
him and aaid, a. II you stir, Twill iix you, c.
d you." / then went to tho trout door and
ila'iowed "poco." and sent two mon one Gust
md tho othor west, for IN officer: wont buck
into tho sn1oon, md saw McDonald standing ~
tho aamo position, with Mr.. AlcGarTy in tha cor
nor. / stopped up to MeDonaM and put my
hand on his collar, and said, KeeP quiet l tug
IL no place to mako dsturbance." lilo ehoyod
mo back suddenly, aud put his hand on his hip
and says, 8 You -7-,.---. don't caro- d
for JoI elthor." At that instant Ae drew a re-
yolyor. When I pushed htcDonald, Mr. Nc
Gsrry got mp and took position bohinl me: 50
that was between him and tho pistol, ,,-Mr: me;
pointed tho revolver at him, saylng II will fx
you," OF NJ will ehoot you,"-I au not poRl-
tive which. Then thteo gentlomsu.. who wore
standing near the cloch, can,o mp aud rot hold
OF nloDonald'A arm, and IL wont in. Mr.. Noun-