The New York herald., 1874-12-12
THE MKENNA MURDER
Continuation of Testimony for
the Defence.
IMPORTANT TESTIMONY
Story Of the Shooting by an
Eyewitness. 9Gl
Fourth Days Proceedings Of the
Trial.


The trial or Coroner Croker was resumed yester.
day morning In the Court OF Oyer and Terminer az
the usual hour. The attendance througnout the
day was very large, but owing TO the excellent
arrangements OF the ocicers OF the Court outside
and OF Crier Ricketts, within notable quiet ana
order prevailed during the session.
The prisoner, Mr. Croker, wore his usual lmpas-
sive LOOK seemingly IN fact, the most uuinter.
ested OF the spectators. With the exception g
that OF some three or four witnesses the testi-
mony throughout has been OF the most contradic-
tory character. the witnesses on either side being
not only cross-examined a. tedious and harassing
length upon the direct testimony, but also con-
Irouted with their dispositions taken at the Coro.
ner's inquest which ex-Snerln O'Brlen swore he
looked upon as o sham. II the other witnesses
had no more reverence for the proceedings before
the Coroner than had the ex.Sherln no wonder
the whole case has got so tnextricably mixed as
IL has. The most important evidence yesterday
was that OF the 1rst Witness John Biglln, who
was not examined at the inquest
Judge Barrett having taken his eeat the case
was at once proceeded with.
TESTIMONY OF JOHN BIaLIN.
John Bigln was the nrst witness called. He
testified that he saw Croker, the two Hckeys ana
Sheridan on their way TO the polling place OH the
morning OF election; shook hands with Croker
and passed on; heard the noise OF the row and
saw everybody running; shortly after leaving
Croker and his friends he went back toward the
crowd and got within ten OF twelve feet OF
O'Brien ana Croker saw OBrien rush toward
Croker. ana the latter struck him; OBrlen kind
OF grapped for Croker, but there was police
man between them; ~ the same moment that
Croker hit O'Brien In the mouth there was shot
dred and Mckenna fell;
THAT THIS PRISONER STRUCK oBRIEN;
Croker had NOS pistol In either hand that wit
ness could see; witness stood right behind Croker
and II he mad Q weapon he would certainly have
seen IL.
q. Where was McKenna when he fells A. He
was in the street.
Q. About how far from the curostones A.
should judge about midway between the railroad
track and tue curbstone; his head was toward
Thirty third street; the shots were dred very
rapidly at first: after tho firing or the nrst,
second and third shots the crowd began to
scatter; witness knew both OBrien and Croker
well.
Cross. amin ed was first near the cigar store
where The polling place was; l met Croker as
came out; he started to 60 toward Thirty. fourth
street; hadn't got over forty or 1fty feet away
before ! saw crowd beginning to run by me
toward Tnirty.thlrd street; ! got up afterward
myself right behind O'Brien's back; O'Brien was
facing west about four feet from the curb;
Croker was facing him and facing me too Goth men
were out in the street; remained on the curb
stone all the time; ] did not hear any names
called as when got there they had got to blows; =
don't know the name OF the ofncer who was be.
tween the two men; he seemed to have hold Of
botn men his effort was apparently TO separate
the combatants; the first saw OF Mckcnna wos
as he was in the act OF falling.
By juror-How far from the curbstone was
McKenna wien he was snotY A. McKenna was to
the right OF Croker and about SIX or seven ieet
from the curbstOne. 4el
The witness Illustrated the positions occupied
BY the different parties to the iracas BY pointing
TO the diagram.
Witness, conlinuing-I saw George Hickey nre
three or tour shots; he fired aitel the crowd had
dispersed and while McKenna was PROSTATE en-
the ground: he fred in the direction or McKenna;
am positive ne nred three Shots and think he
I'll ed Tour; there were several parties who went
toward McKenua to pick him up; one man came
out TO Mckenna, but ran back again when Hickey
hled a shot. /.
To . juror-Croker hit O'Bricn Just as the
SHOT WAS FIRED THAT STRUCK h'KEENA.
TO Mr.. Phelps--l am quite sure about that.
Justice Barrett at this time requested the Jurors
to hold taeir questions until after the counsel ON
both SIDES were through with the witness on the
stand as breaking In npon the counsel with alb
rupt questions, sometimes Two or three at once,
tended to interrupt the continuity OF counsels
botn sides To Suggest that plan. When the counsel
had finished. tnen the Jurors might ASK all the
questions tbey might desire to ask. The Court
also would observe the same rule.
Witness contnued-I am sure that as McKenna
him; re i embcr O'Bren said to the oflcers .ar.
rest them menu ne spoke pretty loud he nallooed
II out pretty loud. aug n m, an excited way; did
| told the Assistant District Attorney tue same
facts tnat have told here to-day.
saw George Hickey shoot, though; Croker was
moving away after arrest when George Hickey
ways stores and every and any where for safety.
70 Mr.; Tellows-At the report OF the shot by
which Mckenna ieli ! was looking directly at
RICHARD CROKER DID Nor FIRE THAT SHOT;
my protner and myself were opposed TO Mr. Croker
TESTIMONY OF MATTHEW RoURKE
Matthew Rourke was next sw0rn:-I keep o
polls about 1nrty-lourth street the wnole morn
Ing electioneering; Steve O'Brien was standing
next TO me At the polling place N Thirty fourth
where the muss Was, and Steve % ran Into oIIs; the
was on the defensive at the time got there;
Croker and Jimmy O'Brien were facing each other;
one foot on the street and one on the curb; they
did not exchange blows after ! got there; after
pick up coboie.stons. but he dropped it again;
Croker was IN the custody OF Onlcer smythe; when
the nrst shot was cred Croker was under arrests;
was standing then on the curbstone; the officer
was bet ween Croker and OBrlen, with his hand
on Croker; then 1t was that the nrst Shot was
fired, followed quickly by two others; did not
see McKeona untll alter he was down on the
ground; | heard Ave shots atogether; had full
view OF Croker aud his hands az the time the shot
was nred;
lie DID NOT HAVE ANY PISTOL IN HIS HANDS;
! saw Mckenna first when he ran from the north.
east corner Of Thirtyou streat; lie did not Rct
down 10 where croker ana O'Brlen were al ais
the next OF him amer this was while be was
on the ground.
On the cross-examinatlon witness swore pos
nfvciy that Croker could not have had pistol IN
his hand and he not see II, and be saw none
TESTIMONY or JAMES CARR.
James Carr, OF No. 302 East Thirty-ffth street,
testified that he was standing Oh the northeast
corner OF Thirty-f0urth street and second avenue
on the morning OF the row. saw OBrlen ana
Croker meet; saw O'Brlen strike the prisoner and
the prisoner strike back; noticed one man get q
blow on the side OF the mead, when he Jumped out,
drew revolver and fred shot; saw another
man step out, pull o revolver and another man