New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-09
THE PROCEEDINGS.

counsel for the defense, that oil witnesses shouu 'o
kept the courtroom until they had given ther yes
timOny. This granted by Judge Barrett anu 'n'
witnesses were accordingly excluded. The open
ing address made by Assistant Distrle'-
Attorney Rollins, aud was mainly eon
fined 10 the circumstances Of the ARRAY
He said that he confident, when the evidence was
laid before them. that the jury woud pronounce ."o
killing Of John McKenna a bruta and wicked mnfuer
by bullet of assassin There was no occasion io
the use Of firearms the alteration trivial ONE IL
was not the cause. bot used the pretex Tor INC
execution OF the murderous purpose In the breast "
the man who fred the bullet and whether II was
intended for him some other man, the lndicuneh'
was framed to meet both cases Having gwen an ou'
line of the testimony produced, and ustraed Dy
reference a diagram representing second-ave, from
Thirty third 10 Thiry ourthst. Mr. Rollins said he
would not be tempted aside from the main ISSUES 70
make any comment on the extraordinary PROCEEDINGS Vi
the II the jury believed that Richard croker
fired that Ought TO have the manlness TO say
il; il bis hand did fire it, ight God give MIN
good deLyorancc.
TESTIMONY OF JAMES O'BRIEN.
The first witness called WAS James OBrien. He
stated that his residence at No l34 Ist Ihirty-
fOurthst and that he formerly Sheriff. theh S'ACo
Senator and at last election candidate for Con
gress from the Congressional District OF New-l
His testimony follows: On the day OF the
election about 1870 m, he went down Thrty-fourth-
st. 10 the OF Secouiave in car; he saw per
son named Borst Croker and several Others ana
Borst beckoned 10 HIM TO come where the
crowd was; he understood that threats were
heinz made by some % Croker, party TO send BJrt to
state Prison C-Oer began tho alteration by saving 10
the witness. " Wen swell your head Dv 3O0U' adi4us
vile expletve; the witness replied, Get OUT doat
want 10 ak to "A repeater" Croker then struck him IN
the mouth ant as he turned to seize Croker s9hs oLe IN
Guided TO back out Almost Immediately a
slot was fired, and McKcnna, whom he he G iad
before seen. tell upon his face IN me
street. In response 10 Mr.. Phelps's question,
"What made him fllli" The witness answered; " saw
Richard Croker WIN pistol IN IL sInd Sneilia Anu
Hickey aud Croker all had pistols In their hands Nc
Kenna fell at the first shot, Ia the early part OF me
tie witness AMI Croker, somcjody, he said passed ne
tween them. Whel the smuAe OF the explosion passed
away, the ir't man he saw VITA psol IL us hdu -
CrOker. Upon his crying Out. all the persons Wrt.
arrested aud taken 10 tle staon Though whe4er al OF
them were thoF,u-ny e1tniheu ne col.i W. a.
OF murder WAS preferred by vi ness aGilhst
Crok'r Wine II thc st.'luln3us@ "oft W. r
shot him When the started TO out. Croker
against him OF assault ami battery which The witness
replied that 1t was all very Wen Tor man Woo had
III rider To m Ike such cL2rg'; II any olc
to DO that 1t should be himself or nc had OeeA
HTcr the direct examination. the examination
was begun by NJ Fellows. Mr.. O'3rIen ASKED AZ
what hour IN the morning he lett u - down 10 l"Fy
fourth 81 the last ume ana ans"crcI thdt u was pe-
tSeen and O'Clock lie went that morning 10 the
Jackson Club at Iniricth-sJ. ana lexington ave. Oui
could not remember who there with lin nor cuuI
Jaw on srco1d-avc NJ .llows asked him II he knew
a man of the of Blrst, to which he
replied that he could say. He asked
II knew Michael Costello aul admitted that Ne
did. More ramliary KNOWN" explained Mr. Fellows
" as strOus-lIne MiAc.' The witness sIook us ral'
and SAID lie dd not know that name W -I' etlu "a.
Fellows, do you know person % the nam Oh ONHry
r. The witness replied that he old moi AnoW
such man. He was asked II he went IRON the J"VNoh
Cub to ms place, and sad he dt not. tic went houo
from there, found breakfast not ready AID went
down the avenue again. lie had seen 10
that morning Ia relation 10 the arairs
Of tho election He was asked when be o, lat at
saw OSneY GeOghf gan ana replied that ne ana NOT soc
him mat day az all He might have seen am OeigTe
that day without taking any notice OF when II was IL,
had never Deem IN ms pace III Tue boWerF; anu cI T
tell whether or not GeOghcgan Costello, BOrSt Foster
Peter Hogln were residents OF his Congressional
District. Mr. Fellows tlen askel. Di 5 un
know party down there, whose real name
have not sseertmned PIT %no g3es e GRrn
with decided shakc Of ne head DO You know where
tne Eo'1 i,n I!' W. asked No
Sir" the response. "Tnen," said Mr.. Felows. u
GeOghe .an is tIere 1t Ii OUT OF Your dNtrictP Yes
was the answer lie was askel II ne Khe" az NIusu ,
those men appeared IN his district mat morhns
because IL would DO MN no good, t teI
TO have them come there. He could NOT 'e,i
CA ndidates or not "WeH" questioned Mr. Fellows, 81.
you don't know for what purpose they we're there OF lu
whom tney were acting, what Induced you 20 sc' wa
tie carr" The witness replied: "Borst nodded To me,
Oft" Here reference was ma ie to the diagTl
how the stood at the time OF the murder MI
Fellows asked him If he had not been IN pOmtcs.
replied, "Well, no; not particularly. Croker oiE
side of Tammany Hall does not amount 10 much ~
y lion be las some influence" We'll" said Mr.
Fellows nobody knows better than yourself the dnt,
ence being and out speak authortatiVeB.ot
% wore rneS ir,n me when reached the
walk but when called Borst, Croker turned AROUND
and looked me, and erred out You bucAer VIC WI
swell your head to-day - Croker then struck. ana
graDhed for Croker although didn't get hold OF MN
backed down the avenue about ten Feet Ctoher
before all the time; Then 1cKenna stepped up tnc
side walk, while was backing 10 get behind carr VI
or that 5hsse IN oTdsI Croker
put pistol 10 his mead and fire. and Mckenna ie,l: "a
Mr.. Fellows questioned Mr. o'Bren sharply here as
to what Mckenua Wa DOING what he came between
them for how he acted. bat the witness only said.
didn't him do anything had no idea what he came
there for; he belonged around there; the way no % S
going toward Hickey, possibly 10 make peace, lo
there was wrangllng gong on; he was no. eG''g NO.
ttihcsesdd' Nj" Mr. Fellows asked ME-, o'Brien If
when 'n %e lit McKanna, to Which NO.
the response. When asked what he said When the pistol
man. Croker" Mr. Fellows inquired If his memory was
any better than the Coroners inquest. Wen
fdence in the inquest. knew IL was sham And 80,
retorted Mr. Fellows, you ddnt think II worth whio -
tell the whole truth tneni told all knew TO the Oest
of my belief, the reply; mad confidence IN wha
| was 70 give TO them An quietly sad Mr. Fellows
When The question OF Cookers handing the pistol conI
not state positively, as Inquest that be
hun give 1t ~ any one, but he dld say that nc
group came up together and then separated He was
asked II he told the policemen there TO arrest Croker
he had murdered man. and he said lie did One OF the
polcemen's names smith the others he kne" W
sight; but when asked II he had ever solicited to
Police Department In behalf OF either VI tnese
policemen al objection stopped him as ne Vas
about speaking. aud Judge Barrett ruled 1t out MI
OBr,en said he looking Mt the man wac strueh
but mmedatey turned round and dd not lose skn
OF Croker again. When Mr. Fellows pressed nun vel,
he had said the Corouers eKamihh
toD could not testify 70 All thoso
little details every thing happened In such hurry
his present statement that lie saw no ous
except Croker with pistol. while at the Inquest ne
said that all the party had pistols he SAID that nc
could not have hts eyes on MI OF tne,n,
but them either at the moment OF IL ~
written testimony before the Coroner that he w s
bringing a policeman At the time hchenna io.
he pronounced incorrect; ne could not swear