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

cried out Arrest the murderer" while now he test
present testimony. He had not backed away from
Croker he said to avoid Hickeys pistol but because
sheridan was aiming a pistol In his direction. A..
long time was next spent IN endeavorne to hx the
relative positions of Croker. McKenna, and O'Brien
when Nc kenna was shot. Questions and explanations
were all very confusing. Mr. OBrien said that Nc
kenna was passing in front Of Croker with the right
slde OF MS head toward BIN McKsnna had made
no concentrations against Croker. or anyb1dy Tue
witness did not know WHOM pistols were found, for
90 dd not himself see them searched lie only Jaw te
pistols on the desk at tue station. He never saw Nc
krnna after he LEFT him lying IN the street. Another
adep was then made to nx the positions ot tne cet
actors III the rlcas with this success-that Croker was
p pasS0 looking to the sontl ana M.ksnan5
the west, was facing north The witness seemed
70 get title confused az to the points OF tne comps
anu nnHy SAID that Mekenna faced the west. MI
brirn was then questioned about any previous en-
counters in which ne had been engaged. He had never
S pistol, ne said but one night. ana never usen
firearms encounters with other people, a0olt IS wears
ago ne had had an alteration with 90 Rocky Moore
wren mat person drew piitol upon hln but the wiz
ness qua not draw any weapon. Mr. OBrlen al not
recolect that he had Deen arrested by police
captain OF That upon such an occasloI large kll'e nai
Deen round upon his person. or that relative OF his had
struck the captain.
District Attorney Phelps asked few questions OF the
mi.less hut they were OF no importance. To Mr. Fti-
lows AGAIN he testified that he was examined at the
said nonse, Out not searched; George HICKEY, ne
SAID was In his service while he Sheriff hrst as a
while serving process in a theater. Iecams invSived
In an ahray. Mt. o'Brien was asked about some man
abusing him for not getting him a position as cOurt Ia
aerpreter and that he had been oDised to shove HIM
away WITH your foot" THIS concluded Mr.. 'Brlen's
examination.
TESTIMONY OF W. II. BoRsT.
The next witness was Wn. H. B0rst lie testified that
on the day OF the aay he with Costello IN OBrieus
district; he Croker first about $50 but had no
conversation with him then; he then attended by
the Hlckeys and Sheridan he saw HIM at tho scene OF
the racas an hour later. when nc and Costello were
rn up ne avenue the witness otte StYksF g"oi
ne had there then OBren was becAoncd 10 come oyer
began Croker told O'Brien to take his thieves
away; O'Bren called Croker an Migrate and
rushed in toward Hickey. shot fired ant NJ * IN
na afer two or three staggering steps, fell with MS
head tovard rhiry-fOurth-st; tho first timo he saw
Mehenna was when nc made ms rush a. Hickey Croher
ana OBren clnched ana rhen Croker backed away;
hat was before The witness heard the pistol 3lot wheu
ne neTu the pistol sa0t nc was looking NJ cK ~ Whp
had MS pistol out; Hickey was on the sidewalk
curb anT ,s soOd onS %'n one the 'S
Mckenna staggered forward after beng shot, Hickey
front of the witness in the street CroRer was
sidewalk; wlel the witness heard the snot ne looked
In his hand the first pistol be saw during the ARRAY
was III HIckey's hand; as Mchenna ru,ned toward
OBnen went toward him to pick MIN up,
and then George Hickey. who was standing near
thought Hickey fred twice. and that there were eght
shots in all after the hrug was over. Croker stepped
joined his own party the other sine OF the avenue
witness Thought he saw pistol IN his hand AZ It nne
that Mr. y Bren was not on car when nc DeckOued 10
him 10 get OF; he was particularly asked about some
cane, Wnlch lie said he always carried but hai let 80
nome on ts occasion; he had 10 invitation he sal 70
be In OBrien's district election day ne met Costello
the night before, and an Arrangement was maze 70 20
Up there the next day; he had known Costello FOR two
Or three years. but never heard him al dressed "a
Strong Armed Nike; :" there no understanding as
90 what they 10 there for bug the witness wcnt
there in the interest OF Oi.l, AMI requested Costello
10 accompany hun; when O'Bclen AMI Croker ctlcn"j,
Hickey dreF his pistol, aud ne thought no strAcA
U Bnen on the head with it.
A a Mol puu n16 n
the first pistol drawn, ami II was II plAn view or
Bren; the Policeman, he thought ma cOhe up before
the shot fired Croker was facing about s0uJa
rrinS 1or,~I iIcev. a witness tnoilIt lie did not
linn unti the shot fired ne would not know ne
policeman, even II he saw Inn Ee ala not 20 - Otu tie
IN and dressed had ma breakfast and down
on 5erouiave., before O'Clock the 'X5 mJrnn-; ne
had no; zen mncA IN the company Of 3nen STAGE me
occurrence lie nid not been ~ tue gYlhhiluu or PiOf
judd, ana neither lie nor OBrcn had mad any dimcd'y
jhat gentleman there was indeed row there last
AZ r.t Jldd tn worst Of II, though some 35 or ~
OF friends present. and there "were only three
TO Mr. Pneips-rae witness said he had weapons
the morning. Uf the ahray
TESTIMONY OF MICHAEL J. COSTELLO.
Michael J. Costello was next Called and his testimony
was very much like Borsrs. His description Of the
first portion OF the afray conceded entirely with that Of
BJrst. H. said that he aboat three feet from
o'Brien ana Croker at the time tley cnchoi. After
NJ Kenna fell the Hcheys stepped INTO the street and
began firing into tie crowd. II Thought TX -ut- were
fired lie dld no Hickey hre before Mckenna
fell.
GA crosse EXAMINATION by Mr. Fellows, tie witness
sad he could lot tel whether or not was the ckeY-
VINO ilrcd shot which killed VI keuua; lie uId aDt
anybody fire thar lrt shot when Croker stepped
street. after Ackrunl fell he mad pistol la hs
hand he thought Cookers pistol nigh, have been d.
charged from its appearance" he ami B'rst went 70 oed
about 10 N. tie night before; ANY other statement
mistake.
When tls examination OF tins witness was finished,
about El5 D. m Mr.. Phelps was Obliged 20 ask an I'D
i0urnnent because witness whom be wished next 10
examine had cOncu led TO 20 hOm". and was not IN At
tendance There OCher witnesses present, he sad
hut he an NOT Ike to them, IA their testimony
referred branch " the case, with when Mr.
Rollins who had been Obliged by sickness 10 leave N"
cOur; coon for the dav, better acq tainted thdn
himself This granted nv Judge Bhrreii, tGou-h 10
urged a longer CIy's Surk to-day. The COurt then Id
iOurned 10 tins morning.
TAMPERING WITH JURORS