The New York herald., 1874-11-17
THE MULLANEY SHOOTING CASE.

A case presenting some features OF unusual not
TO say extraordinary interest, was tried yesterday
In the Court OF Oyer and Terminer, Judge Barrett
on the bencn. John sullivan and James Mulaney
we're members OF the same target company. On
the evening OF November q, 1873, the company
held meeting in the liquor saloon OF Thomas
Mcmahon, No. 35s Pearl street. The party was
having pleasantly social time in drinking talk
ing and singing. Suddenly the report Of pistol
was heard, the shot taking effect In the foot OF
Mulianey. At the time sullivan and Mullaney
were sitting opposite one another. The two had
always been friends. Mullaney seemed to take It
as joke and, lifting his other foot, asked Sullivan
TO try again. 1t explained as an accidental
shot, the pistol having exploded In the coat
POCKET OF sullivan. No serious result was antici.
pated at the time. The ball was found embedded
in the bone OF the instep. 1t was extracted, out
day by day the patient grew worse Finally on
the oath OF December following, alter consulta-
tion al Bellevue Hospital IL was decided TO ampu-
tate the loot. The patient having been pnt under
tent died rom the efiects. The primary cause OF
death was shock produced oy amputauon. Sulli-
van at once surrendered himsell, ana tne case as
laid before the Grand Jury. who found an lndlct-
ment against him Tor manslaugnter In the hrst
degree. the case came TO irlal YESTERDAY IN TINS
court, Assistant District Attorney Lyon con-
ductlng the prosecution and Mr.. William F. Kint-
zing defending the prisoner
testined that on the night OF the 22d OF Novem-
Der, 1878, target company held meeting at MS
place ana those ne6 ~epe re IS M
party, aud they were wnilIng away the time be,
tween singing and talking suddenly he heard
and inuuir,ng II any one was nit, deceased said,
81 am,u at the same time showing ms right foot,
the accused were sitting directly opposite each
other. and about Two eet apart; looking at tne
ceased held 'ea up the other loot and said ry
it again =; he tnen walked up TO the bar ana called
for more drink, which witaess refused 70 give
xltsy. hatm
prisoner remarked that the shooting was acci-
DENTAL and he saw the deceased to q drug store:
witness did not see any pistol: the parties were
IN the habit OF oandying wit with each other; the
On cross-examination BY Mr.. Kintnng. the wit
ness said both men were pretty iun;'' they were
always together, and what one mad tue otner was
The medical testimony was next given, showing
the cause OF death, as stated above after which
John Mulianey, brother Of the deceased man, gave
his testimony. He testified that the prisoner re-
marked to the deceased "FH bet you 81 tnat
can make you walk lame - deceased retorted some-
thing, when the prisoner further said, "fou -,
pn shoot youln deceased reJoined, Blaze away
thenr and the shot was fred alter the firing
the prisoner remarked, ..If you tell me TO blaze
away, m blaze away ~ and STOOD up: twice be-
fore the prisoner tried TO beat deceased ana once
kicked him IN the eve: ne also made he remark
tnat ne liked every person In the room except de-
ceased and wItness witness had never had any
trouble with MIN; the prisoner had his hands In
his pockets at the time OF the shooting, and nred
through his pocket
occurrence; the deceased was singing song;
the prisoner moved his chair over toward him.
and SAID ali you d. MT shut up I'll make you walk
lame;n deceased said "blaze away Whereopon
he was shot.
To Counsel-I heard no angry words; knew both
men; when 1t got late the singing became ooIec-
tionable 10 Sullivan; the prisoner did not call de-
ceased any improper names.
Several other witnesses testified to the same
effect, substantially.
sULLIvAN's STATEMENT.
The accused was then placed on the stand. he
said he worked IN Inc Fulton fish market; on the
night oil the occurrence he was In the saloon with
the deceased; Mullaney was singing, ana ne told
him to stop; he did not, ana witness started
toward him, when his coat caught on chair anu
a pistol which he had In his pocket was dis
charged; deceased said ne was shot IN the lo0t
and put mis- nand around the neck or the witness,
VINO carried MIN over 20 drug store, and told
him he did II; ne went TO Texas after, but learning
there was an indictment against him ne returned
TO New York and surrendered himself to the Dis
tr1ct Attorney.
The above concluded the testimony, after which
counsel summed up. The Court then charged the
jury, who retired Tor dehberation. Tney were
absent nearly an hour, when they brought IN a
verdict OF gni.ty OF manslAughter In the fourth
degree, with q strong recommendation to mercy.
Mr.. KintZing made strong appeal for the pris-
oner. Judge Barrett sentenced sullivan TO eign-
teen months hard labor In the State Prison.