, 1874-02-01
TIE SENTENCE OF RAFFERTY,.

Sunday MorulnK, E6bruary H. 1919.
TIE SENTENCE OF RAFFERTY,.
The final Judgment Of the Supreme Court il
the Rafferty, case, overruling the motion for
new tr1a1, and fixing tho day for the muzderer'i
execution, will have q more wholesome etfec
upon the criminal classes in this city than the
addition OF a Thousand men to the police force
The CAGE OF The People ps. Rafferty, is peculiarly
s case Of the pollce against the roughs. It la.
been understood from the beginning that,
il Rafferty, escaped, nobody could ever be
BANGED for killing policeman. The con.
verse Of that proposition, VIZ: that a
polcenan's life, while in the discharge
OF ais duty, is as sacred rs that Of any
citizen, is now established, and the truth will
sink deep into the bosom OF every deeperado in
the community, The Rafferty, case has become
famous through the three trials, three conyic-
tous, and three a11esta Of Judgment that have
taken place. The murder which he committed
was one Ct peculiar ateocity, the stnbbornness
OF the defense has given i. additional celebrity,
and the points Of Law involved have been dis
cusaed <at and vide. AL these facts conspire
to give emphasis to the final Judgment Of the
Court, which goes to insure protection to police
men in the exercise OF their perilous and i'm
portaut vocation.
1t is evident now that the point relied On so
strongly By Raffertys counsel, and to Some e1-
tent By the Supreme Court in its former opinion
TINT C'Meara the murdered policeman, WAS en-
gagged in assisting to make an unlawful arrest
with q void warrant, and hence that the killing
~1a only granddaughter, waa based upon q mis-
apprehension Of facts. It wAs shown in the last
trial. by evidence deemed By tho Court uni1u-
peaehab1e, that the two policemen, scanlon and
oMeara, we're making their beat together about
midnight without any special intentions in refer
ence to Rafferty,; that their attention was at-
tracted By bright light in one Of tho Bridge
port dens, and that they went in, thinking
there might be fire there, which should be ex-
ting1ished- Inside the room was Christoper
Rafferty,, who was known to O'Meara but not to
Scanlon. O'l1eara, happening to recollect that
scsnlon had warrant Tor Ratferty's arrest
whispered to him as they wont in, "Therc's
Chris" scanlon then went up to Rafferty,,
tapped him On the shoulder, and told him in
Low tone, that he had warrant for him, but,
adding that he didn't want to disgrace him be-
fore his friends by reading it before them, in
sited him to come along Rafferty, told him to |
read the warrant aloud. which he did |
Rafferty, then said he would go along, but |
asked permission to get his coat. to which Scan-
Ion a5sented. OMeara, neanwhile, was stand |
ing near the door, but not III front of it, and |
scanlon at the other end Of the room. Rafferty,
walked to the middle Of the floor with the ap-
parent intention Of getting his coat, but wheeled
ground Suddenly, and, drawing q large navy re-
Volver, threatened instant death to any one who
should lay hands Oh him. Without waiting tor
another movement from anybody, ke shot
o'Meara through the breast. The door was then
open to him If he had desired to escapo.
out, instead Of running away, he turned
nd fred It scanlon, the ball passing
through the latter'a coat on = level
With his breast. Cooking his pistol third time,
20 took step toward scan1on and fred again. |
he bullet perforating the latters pantaloons. |
1e then grappled with scanlon, and tho latter
brew him down. In the melee which eusued On !
be floor, Rafferty, succeeded in cooking his :
istol fourth time and getting the muzzle
lose to the pclicemans breast, but Scar1ou I
aTed himself by putting his hand over the per- l
ussion cap, 80 that the hammer came down On I
ia finger. As the cap did not explode, the |
scond intended murder was frustrated. bnt ! e
anarty escaped Striding over the dead body i
O'Meara, he fed in the darkness, but Was t
'entually apprahended and brought to trial +
Upon this showing the whole theory OF the +
'fense falls to the ground, and the facta dis n
oae as brutal and fendish . murder as was 6
er committed since Cein slew his brother u
stead OF being engaged in resisting 'an Illegal a
d Wholy unjustifab}e invasion Of his liberty" p
was employed in the congeniaI diversion of | N
ling bridgeport policemen, Us he had pre- VI
'usly threatened to do. The warrant o1
ich scanlon held for his arrest, although ! "
id for technical reasons, was in no way legally OF
apected with the killing Of O'Meara, for the H
tson that O'aleara was not assisting in the it,
est. There WAS 10 occasion to assist, for in
dorty had made no resistance but, On the IN
Etrary, had promised to 60 along quietly ita
feata did not go there to assist in the ca
est, nor did scanloa 60 there to ro
ke the arrest. They went in toput out fire. ap
y found Rafferty, there, and OMeara pointed mi
out As Judge McAllister, who has been ho
,most heretofore in staying the sentence OF TO
ferty, and who wrote the last opinion Of the via
It granting new trial, now writes the opin- be
in which the day Of bis execution is fixed, it the
, be presumed that all doubts upon this tech ant
| point are removed, as ali doubts upon bri
character Of the transaction IN its criminal
cte were long ago set ut rest. hos
J dshs-thinting psrson wil sxult ovsS the ess