, 1874-10-08
MIKE MCDONALD.
conclusion Of the Examination &c.
fore Justice SCully. e.
McDonald Held to tho Criminal Court
in $500 Bonds.
Qarrity and Geary Discharged.

THO now famous McGarry- -DtoDonnld caso. bo-
Ing matter Involving assault with intent to do
mllrtlor, riot, ct cotora, growing cut OF tho row
in hle1arry'a saloon Saturday night wool, was
resumed In tho Armory Police Court Jug,ico
sculy presiding, ycRtorslay afternoon at a
o'clock.
nothing like tllat Of the first day. Tho classic
tones Of Martin scul1y, Clerk Of tho Court, called
out tho narnes Of tho dcfondants,-" Michael
Mcdonald, N!cholaa 0eary, John Harrity,"-and
Tho parties named filed lnto Tile court-rQom,
Col. Cameron anitl TINT tho people wore ready
to proceed. aIr. Trulo, for tho defendants, eail
"all right"
M1o1sAEL coaAN,
Mc0asrya bartender, was tho first witnesa
called. Ho know tile three dofendants; thoy
ehaoiea a IL tue following order: aieDoaaid frat.
tteafy hoat, and Gayrity Inst; N{eDoan!l stood
Tor q ,nLiomont at tho cigar stand talking to 4
nun. Then McDonala wSi1oa up to bfotarry
and asEeu him why ho called him q thief. a1c-
Mcdonald enapped to Mclarry' somo @ ratlcr
lard 1anguago. nlcdarry said: II don't
want ANYTHING 70 do with you. air,"
a@na @ walked toward tho was1,:roosn. Then
Mcdonald presented his revolver at AIcGarry,
| uGinE sotno expression which witnoss could not
rccolloct. Then Hon1o ono caught Mcdonald.
| end scni1lo ot,suod. Of which lo INV nothing
| to be fighting "Bniralo" Miller. somo gontie:
| nnn who ,ras standing next to Mcdonald soizei1
hsn arm, mud attempted to take tho piatol AMY;
tint brougllt OH tho aculflo. Witncas could not
| say what particular place In tho saloon Gcary
occupied after tic 8t,tttlo occurred aud whila Il
Waa In progroaH.
| Cross.exanaiacl: Observed Mcdonald coming
in TINT oroning ho enw tho piHtol pointed, tut
did not SEQ McDouuId draw It ; could not pay
l Sthhfnr }hH riHtnt 1nnEn1 Sv1trttrnr
loaded; could not Say whether dcary struck
| blow or not; conld not distinctly ramember
whether Garritg or Miller struck tho frat
blow could not swear to it; alter Tho row was
scuiling, DIcdarry won't out for Il policeman.
| siR. ANDREW j. ConN1aAN
| was next examined. Flo Saw tho accused eutcr.
ing tho ealoon that evening Nick Geary came
aro You, rol-headed jim :" Mcaarry sail moth
iug,; thon s1cpouall asked afcdafry why 10
TIM ra ha Taa s tnn m nna nnt 1a n ho
in Stato'B Prison !; alcuauy denied eyor having
said it; thon ho commenced abusing S1cGarry,
and said ho Ind QUO witness (Geary) present
Donald pluco his hand behind Inn @ 10 Iu alf drow row
& ~en aon Hsi 10 hs eBooaa e In ash sas
ed Witness away. md when lo turned round
all ntodS the paTSs eTs e. ia a Z
could kill Mefsarry whero he stood did not
hear Mcdonald say that lie would kill arcGasry.
| G''oss-eramiAed Witness asked Mcdonald,
beforo tho row commenced, to come md liaye .
drink; Nick Geary preceded Mcdonald, and
talked to witness for minute or 40
before Mcdonald appeared the pistol in No
DonAld'a hal,d was not rnlsol so as to cover
alcGarry when it WAS graspcd by some ono he
did not 500 Tho weapon raised any higher; If tho
pistol had been discharged ut TINT time TITO ball
would havo gnuo into the floor, if tho weapon
was loaded; ho Haw the row between "Dnifato
Miller and John Clarity: ho wont between
them, and got a little Of the blows himself tho
tone Of McDonald'a voice was loud whun hs ad-
drcsscd McGarrY; know no moro
JOHN GAn11c1
WAS next sworn he know Mcdonald and Genry
by sight but did not know tho uthor party; Me-
Donald used worry foul lauguage, which witness
would prater not to repnnt; ATcDouad aaid ho
would xii! Me0aTy: ho tlsed language to this
effect: ''l'il kill you, you - - dog. If you
, pocket; witness 'grabbed" pistol from behind !;
there was Il Beuf1lo; witnoss hold on tho pistol
while Oh tno floor; 1t WAS be who wreuchca tho
pistol fran Mcdonald; could not say oxactly
o]ht had it; was considerably hurried after the
wrestlo with Macdonald, and could not say what
Gcary did it Was very warm thoro for awhile.
Cross -erdnined-As far as he could remem-
thought Mcdonald Ind a aliiglt ca.,e in 1is baud
when ho first cnmo in; when tho row CON-
mencea, A1cfla'ry Was sitting Oh barro1, opuo-
sito tho counter; witness described tho position;
I'd Mcdonald pulled tho pistol out hn cooked it !;
I wltnass was behind AfcDonnld; he WAS worry
mucl, Hcarotl seolng tlat id thing coming OUT.
[Laughter:] Witness lad only Que drunk talon
that evenings he wns by profession 4 gonoral
iS pona vas vory W via that as eyonips; AS 10
1lourlallel tho pistol around Witness
,nalo yory awkward attempt at luAtra-
tion, which produced :, much laughterl.
saw something like caps OH it--somothing, that
gave him TINT impression [Iaughtor]; could not
awoar to it; neyor aaw tho pistol before or ance
tho scut1e waa confused. '
| Q.--Wera YOU mt 10 drunk TINT night that you
told person next day that you only hada dim
remembrance Of tue whole alfair7
WitucBs-I think you're id jnunltlng, that's
what You arc. Twas npt tight. haye not been
staitl in tho house ali uoxs day after tue row a.
McGarry'a.
Q:-ra it your habit to atay in tho house after
you're up all nisht2
Witneaa-That'a my business. know did
Aftora few more unimpotlant questions and
answers the witnoss waa allowed to stand down.
sr. CLA1n SUTHERLAND
was next called and sTorn: Know doary by ap-
paaraaco; did not know Clarity or Mcdonald !;
tho night of tho row saw q man in nght.colored
cothos-snco learned it WAS McDonald-como
into tho saloon: stcuarry was sitting on u har-
rOl t4o IGlt-botHcN tlau luUulHGI III lpu6ly0
language toward McGarry. Then tho row COM
safsd sese; M Seyss Ss sss aie ' les saSls "'s ans
J others wore engaged in til witness, who
feared trouble, cot away Us soon 90
possib.e; saw little Of tho light botwcel - Buf-
ialo" hilllor and tho nsan whose nau,e Witness
! did not know; heard nfterward it wns Clarity !;
. did rot know who struck tlrak.
TIIoa1AB uOU0H
way nlso sworn: Kuew Mcdonald and Goary
| did nnk roo tbo uArtieH come into tho Ralunn :
INV pistol in AloDonnlds i hand pointed toward
Alcaarry; Mcdonald iirst drew tho piutol ind
tncll Iosl,atl hiH asm on tho opuutor. There was
u grab md scutlIo; llr. John IL. nouutreo
? Jumped for Mcdonald wl1on tho pistol waa
drawn. md, 10 fur as wituess knew, tlisarned
. him: thoro woro IL good many thuro. but
, isountrco was tho nun who took tho pis-
tol; saw Garricls alter tho thing was oYor;
did not uoo hlcqarsy sitting on tho barres thai
WIS his remembrance OF tho affair,
Cross-c19ninea- not say whether Gar
, rick. WIS present during tho row; saw a1r.
Boylon, no,introe, Miller, porio!nt, Sutherland
aud othorH, but did not aoo uarrlos II tho lat-
tor had takon hold Of AloDonald's arm wtuoss
nould ]laya acen him; 80 lle Thought, ut lcast