New-York tribune., 1874-12-10
THE PROCEEDINGS.
TESTIMONY oP EUGENE HALEY.


An clear and distinct manper. He underwent long
crosse EXAMINATION by Mr. Fellows, but his testimony
was unshaken and except IN one or two minor parteu
lars repeated the same story that he gave at theCoF
pner's inquest. he testified that on the day OF the
sfrav be among the persons engaged In the hght
at Thirtyiourth ST. seeondave. he Croker and
. crowd OF standing there and afterward saw
James OBren the ard address some rough
words 10 Croker, TO the effect that he kept
bad houses; he then saw Croker strike
o'Brien in the face and knock his hat of;
tie policemen then came and the crowd rushed In the
siress he heard either Croker Hickey The
fret that near me will shoot; shot was
Wrness ELI Tito to the ground In response TO question
TO whether he saw the man who tired the shot, ne
pistol with stretched sooo as the slot
WA fred the witness and assisted In picking up
bur had only him before the day OF the afrny
h. reeogn zed oBien though he had seen MN seldom %
been o., pistols iu the hands OF Croker Hickey
carriei to a ncis hOOr1ng Iv eight mentne
witness holding MS arin-after tue ARRAY had entlrey
o. his crossexaminatiOn Haley testified that when
Croker h Brlen they were oSn standnS lace 10 iSe %
crowd IN the street and the indscriminate hring OF
seven or eat shots began; police before any
II ne shots were hrcd aud when afray began they
trpanted the participanU when the Bring commenced
HokSy we're both out in the Street immediatey upon
being NJ Kenna stood for moment and then stag
gored and fell upon his face; whlle the array
progress OBrlen asked one OF the policemen Tor
his club, but the 0ncer reIuseu 10 give ~
10 him; witness saw Croker. the two
Hckeys and sherdau arrested, and at the station
tang OF Iae fuss - aud replied that he did In re-
SPOUSE To direct question by tAe Court as 70 whether
vGuii lac replied that he aid not. strenuous effort
10y Crokpr counsel TO prove that the witness
had been tappered with the trial by cousin OF
the murdered named Craig, whom be mad sohvied
Ior employment ana peeunisry assstanee % oG ene re
teDded Craig merely in the shape OF car fare
nd lhe COroners luQ JoSt
TESTIMONY OF DR. LOUIS SCHUYLER.
DR.. schultzer, the physician who attended MeKenna
at the drug store w1ere he was conveyed after the
afray, was next called. He testified that be lives at
Nc East ThrtyfOurtnst ID the immediate vicinity
OF the Array that he at home and sent for in
haste TO eal at drug store the morning OF its
occnreDce; reaching there just before o'clock. he
examin1, that ne mad received a wound head,
frAcuriug right temporal bone; among those pres
capt aln, sergeant, and two Officers rom tue
pOlte stduom he dld not proOe the ~ouna, anu 0lu
abe wOuuo mortal one. l told those around.
the continued tnat the wound was serious, aud
soOn AS possible; this WAS his hearing; ne was
taken 20 hospital; did not see nm q, afterward
Mr X RIllns-NJw what was II that Mchen saldf
Mr. Clintou-Ou j ected to- want 10 ask Que or Two
or noe this testimony ADMISSIBLE TnIs testimony is
resscd 10 he Court only. only want 10 suggest
tAa jury snOud Oe absent during thls dscusSod as
to the ad.n.ssiointY OF this evidence .,.,-
short discussion followed as to the proprety OF this
cour-e Mr.. Fellows mentioning the famous Safe Burg
lazy authority for such exclusion OF the jury.
wih The jury in their seats Tue answers were
}o3nd McKenna in the drug store with the police
sergeant ana several others present; ne waS sitting
IN chdr and mad the power OF speech; my aik ABOUT
seulluy bll spIIal was win Jne pOce; was
standing the left Ot McKenna, because the wound
WAS the lisnt side, on lhe margin oi the temporal
Mr. CIinton then made long argument upon this
,estin0Iy Insisting tnat tue qu son of Mr.. Rollins
was inaGnlssOe Croker. prisoner not present
st the il sld Dut he would not argue on tnat
aying declaration Courts he nave uniformly neId
tnat noIhng can com IN as dying declaration uniess
Ihe urDof pe clear the the time OF the
dccaration, made to believe that he was SHORTLY 10
die tnaI death impending, and that III view Of nat
MADE the deedratIOn. ia such case tue soebGI'!
of the considered equal TO ne taAlDS OF au
oath. Tn,re Is nothing TO snow that the deceased
thought he in danger OF DEATH or even tAaL Nc
konna not alive to-day
Mr. Phelps conceded that DO PROOF was onered OF the
death and willing, until tlat was DONE u allow the
witness withdraw. Judge Barrett tnoaght me qaes
ton lDgut be discussed tnen, but Mr. Phelps had
otner reasons SAIL Tor Geferrng the Discussion aud
afler Two unlmphtaat Questions, Dr. schuitzer
left the stand
TESTIMONY OF PATRICK CRAIG.
Patrick Craig the one who has been called the cousin
of NJ, Kenna, but who testites that he was " mere
friend only, next called TO the witnesSchair He
stated that on OF election day while he was
al third-st and SecOndave., his attention was
,aed 10 the afray did not the meeting between
o,gren and Croker be said. hear the quarrel bat
reached so just alter the hrst shot Wac heard and
hefnre Inc second noticed Croker, the two ulckeys
ard Sheridan standing together near the railroad track
l rushed into the street 70 pie@ up MeHsnna' lHLn
WHO then iyng on the street, bal George hIcAey
pointed pistol at Inc, 90 retired to the corner Vi
n,cemsn re- used TO interfere afUerward that
be could 1T George Hickey fred two shots
heard tLere, SIX or seven Shots Out dd DOT
zee 10y Hekey tre 1t was about 10 or 10 min
ates irom the time nrs saw Nc henna y,ng s ~ tue @
street until hi in the drug store tne minute rue ne
M the char, had some CONVERSATION VIII hiu' ine
WIZ oS sbera Ssen the doctor csme. for ght
10 the saIIOn-hOuse, TO tell what heAenna ioIu NE
told II TO Sergeant Christe at the time was there
s Croker nut not the others when was at tbe scene
OF the sfray. u tall policeman was IN front OF breh
after De deadhouse; had another cohversa
with MeKe9na at the hospital Nc a saa sIa LIS S % i
take any to his family, but ne SAID ne thousA
he would be all right and to send after his folks
Mr. Pelps-I prop se to ask this witness what state
neut II any, made 10 Lln by the Gecedseu AZ tne
drug store 10 the source from winch MS i1uf! was
received. .o. .,.. ,,. c,o,sr vos M,
there. ,..,,
M. Rolius 10 tue witness)-Whst did Mekenna say
Mr.. Clinton objected and called ayteRnOn @ 70 te ssct ta
that the w;nes, Sa hI Se VIA not a fear OF immediate
SesfS which disposed ecuaiiy Of the theory that the
ood not he received could be shown TO De part
e Pesess be- Conceded that it could
dying oecaraon thoasn II sesned 70 mn n% n anos, ,s s
the sst snss and tnat Ss pny
eian mad said il useless TO attempt anything
s%ed spe1s i9ss mat 1se ,sst1@ony certainly
s ss az Sas the enf ae
a. any interrcgaon Tss made upon the suoec'
yaase Barrett then Questioned the witness who said
mat he mad no words with McKenna until he was
pr the 70 talk to hun Tue Judge then
Mr. Clinton thai after the recess he would hear more
sround McKsDna from he fell until he was
@ the afaS D on s 70 70 %
the statement made by Ackenna was part Of the res
oesia- He was very clear that n was not dying
q ssS'' M'kyysA's LAST DECLARATIONS.
The rs witness called after recess os obtaining such
evidence was Edward Downey. he testified tnat he
-. HoK <.II