The New York herald., 1874-12-10
THE M'KENNA MURDER
The Dying Statements Of McKtDna Ruled Out
as InadmisSblc.
Contradictory Testimony
Throughout.
THE PROSECUTION RESTS.

Yesterday, the second day. the trial OF Coroner
Richard croker for the shooting and killing OF Mr.
John MeKenna on the morning oi the Sd Novem
ber last was resumed. the attendance OF spec
tators was no. so numerous as on the prevou.
day and ingress and egress during the proceed
ings not SO dlf1cult A little alter ten O'CLOCK
the trial was resumed.
/ TESTIMONY OF EUGENE HALEY.
Eugene Haley. q boy, Of No. 331 East Thirty-third
street, was frsr called. On the morning OF the
shooting he was near the corner where the ARRAY
| TOOK place; he saw Q number OF men standing
together; saw O'Brien come up and tell the prls
oner that he had kept his family from starving
Croker retorted. and he then saw him strike
O'Brien and knock his hat on; the police came
and kind Of rushed the crowd out into the street;
he heard either croker or Hickey say. "The
first one comes near me III shoot;" next he
heard o shot and saw McKenna fall; after
/ hearing the shot he looked around to see
| who had pistols, ana he noticed one In Croker's
hand; did not see what became Of the pistol AFTER
! ward; witness was excited and did not notice
! who they were particularly; saw Croker though
knew O'Brien, too and knew he was there; when
the shooting occurred the parties were out in the
street.
| The witness showed the spot where the crowd
was, at the time OF the shooting. on the diagram.
He then contlnued-CroKer was furtnerest up
town and O'Brien furtherest down town; seven
or eight shots were fired; six or eight OF US helped
McKenna into drug store after The shooting was
all over. M ag arHe
CROSS EXAMINED.
By Mr.. Fellows-Croker and O'Brien were stand.
ing close together, face to lace. at first; Croker
struck O'Brien in the mouth and they both
chncned; have been talking to no one about the
case can't say II O'Brien struck Croker In re-
turn; remember saying at the inquest
that OBrten hit Croker while both were
wrestling; that Is correct McKenna stood
In the gutter. looking Down toward Thirty
fourth street; was standing alongside OF him;
Croker and Hickey we're near, and had no pistols
at that time; the police came before any shots
were fred O'Brien asked me in the station house
II had seen some OF it, meaning some Of the
shooting said yes, and my name and residence
were taken down by the sergeant at the desk; I
have seen Craig since the inquest, and asked HIM
to get me job; McKenna was his cousin; he told
me that ne would do what he could Tor me; at the
Coroner's inquest was asked to pick out the man
who stood next to Croker at the time Of the
shooting, and picked out the wrong man, yes,
sir; the next man picked out was the right one !;
Idon't know II 1t was George or Henry Hickey,
but he was one OF the Hickeys; heard jimmy
" DITCH dbk pVACcudu " icuu MN ulb CluUS uo
did not get it; l saw croker with o pistol In his
hand, firing shots at O'Brien after McKenna had
fallen.
Q. And this is the man pointing to Croker)
A. Yes; that is the man.
Counsel to the prisoner-Croker, stand mp; we
don't want any mistake about this
+ The prisoner arose, and the witness repeated
his words, 'That is the mans" have bad no talk
with Steve O'Brien relating to this case; did not
% with Gra9 oaS o ns ms sn
was an -5'.. n.
third man fred as wen as Croker and hickey, but
he did not know who he was.
TESTIMONY OF DR. LOUIS sCHULTzES.
DR.. Louis Scnultzer testified that ne lives IN East
Thirty lourtn street; on the morning OF the shoot
ing he was called TO tue drug store and there
found McKenna suffering from q wound In the
head a police captain, police sergeant and some
others were present; deceased was sitting in 9
chair; he was wounded ~ the f9rehead pre- % Jasr at
tai; deceased was taken on stretcher TO Bellevue
Hospital.
whether remark McKenna made while In the
drug store and just before his death, concerning
whether the jury was entitled to hear 1t before It's
admissibility was decided Mr. Clinton argued the
matter at considerable length He was allowed to
put certain preliminary questions to the witness
to bring out the circumstances under which tne
witness ~SI said ipK McKenna nao power Of speech;
seeing that 1t was impossible to do anything Tor
him be directed the police take him Instantly to
After some further discussion the question was
laid over lor the time being.
TESTIMONY OF PATRICK CRAIG. " .fss
+ Patrick Craig was next examined. He testified
that he was near the scene OF the shooting; he
was on the corner OF Thrty.third street and Sec
o'Bren and croker meet, and reached the place
just the first snot was fired; he ran over before
sss
who fired the first shot; wnen ne got there ne saw
Croker, the Hckeys and SaeTldan al & 70 punch bunch
shot; witness ran behind . telegraph pole, when
asAsa the drug ss store, .A ana, nesting an olcer
said 70 INN. "why don't you arrest those
have s sSs dser 1sneG
that he could not nelp It, when the witness said,
.Oh. yes;I know you could nave neiped ~ WI.
put him in chair In the drug store after the
shooting; mad some conversation with him, and
McKenna told him; saw McKenna dead IN the
dead house AZ the hospital; witness had con-
in bed the same night at Bellevue Hospital;
McKenna did not desire 70 have mis- family not,
ned because he said he thought It would be all
right.
At this stage Mr.. Phelps said he proposed TO ask
the witness what was SAID TO him oy he deceased
in the drug store as the manner Of receiving his
The defence at once argued against admitting
the answer as Croker was not present at the
time, and the remark could not oe admitted on
the ground OF q dying declaration, as the lam
guage OF the deceased In Bellevue Hospital, after
ne had been removed from the drug store, sub
stanIially in effect tnat he did not wish his family
notified because he felt "ali rightn or ''wouid be
All right" showed that he did not believe ne was
about To die.
declaration Of McKenna on the broad ground that
1t was part OF the occurrence Itself. He had
searched in VAN ior any authority that initiated
aga INST It's competency: on the contrary, he
found many authorities TO sustain the proprlety Of
admitting sucn declaration. gs.. =
As this point was one OF the most important for
both sides in the entire case deep attention was
paid to argument OF counsel for and against.
Judpe Barrett reserved decision TIL all the evl-
dence was In about the removal OF McKenna to
the drug store. fs4 Ga
The Court then took recess.
I After Recess.
TESTIMONY OF EDWARD DowNEY.
Edward Downey examined ior the prosecution