The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-01
DETECTIVE LEAHY ACQUITTED

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DETECTIVE LEAHY ACQUITTED
Brady's Charge-The Verdict OF Acquit.
tai and How 1t Was Received.
The trial OF Patrick J. Leahy, the detective who
shot Michael Mcnamara, while with other detec
tives in search Of Dutch Harmon, which has beer
In progress the past three days before Judge
Brady, in the Court OF Oyer and Terminer, was
yesterday brought to q termination. As on the
previous days the court room was crowded to
overcoming, and, In fact, amid all the trials o.
absorbing public interest recently engaging the
attention OF our tribunals OF justice few have
ELECTED greater interest than this one. To
police officers, from the highest to the lowest
grade. the circumstances OF the shooting made
the issue specially important one and its result
OF vital interest to them In the future. Sitting
close by Leahy-who occupied q chair behind his
counsel A. Oakley Hail and William F. Howe-were
most OF the police detectives and at the end o.
the jury box were several police captains, while
scattered about the room were numerous police
ofacers Of lesser grade, all showing, as wen BY
their earnest attention as their presence, tneil
great interest in the case. But, while there were
hosts OF sympathizers for the unfortunate detec.
tive, many hearts burned with deeper sympathy
for the more unfortunate bereaved widow and her
three fatheress children, who were seated in re-
mote corner OF the room.
SUMMING UP OF COUNSEL.
But little renamed TO bring the drama to q
close-Lhe summing up, the charge and the verdict.
AL his long and varied experience az the Bar, this
was one Of his best. He was learned, iOaical.
Changes with a
was as wonderful az It was spontaneous and mag
netic: He characrerized the proceedings as an in
as q Judge Advocate should. Referring to the
the he said
rushed to their sanctums and their inkstands and
IN the most denunciatory terms characterized this
next depicting the relations Of the public to the
case and the preudices fostered and how and
why ne came to the audi dterana parton, and GER
tanly his SIDE OF the story could not possibly be
better or more finely told. He described the dan.
gerous mission on which Leahy was sent and the
was accidental. He quoted the Mosaic Iic0J law.
Citations sns ssnnfn Rom law eas 0 Jaw 3.
nations. in his peroration " he dWe ei
an ol1cer Of the police and the special danger to
Leahy In accomplishing the mission upon which he
was sent He went Drayey. fearless Of lie. BY
None regretted It more than he. But he was not
TO be CONVICTED for an accident, ana he asked at
District Attorney Phelps began the final argu-
police. he conceded that the prisoner, with the the
feion to residence, and ON the mere suspicion
that Q fel0n was concealed in that rest
rs Sas ne oos issue to
with the counsel on the other side In regard TO
the propositions put forth, going to bring the killing
eide. He then went over some OF the evidence, de-.
aucing ms own conclusions and presenting them to
and insisted strenuOusy on conviction.
JUDGE DRADY's CHARGE.
Judge Brady, at quarter past one, proceeded to
to the respect and projection or Cne law while IN
his own house. His house Is his castle. The jury
should render their verdict fearlessly and without
consideration OF the verdict. II the Jury
thought the prisoner guilty they should say
80 iearllessly, andii they considered him not
Clam0r would not control or influence him In what
he considered the performance of his duty, and 1t
for the jury to consider was whether the character
habits and lie OF dutch Harmon" justified the
suspicion that he was the murderer Of the watch
man OF the Hudson River Railroad depot. II they
were not such as to justify that suspicion, then the
act of Leahy and the conduct or the detective
Ofncers was without excuse or justification. 1t
may not be the right OF an officer to enter mans
house without warrant or without announcing the
character Of his mission; When an onicer seeks to
1el0n 1t 10 necessary that he should make it
known that ne is an officer, and that it is neces-
sary for him TO enter the premises, otherwise he
Ii q trespasser. There was evidence on Dotn sides
as to whether the announcement was made by the
officers as to who they were. some witnesses tes-
while others swore to hearing 1--WE are 0ficersn
Mcnamara said that he did not know they were
officers. but thought they were thieves. The
should be entitled to serious consideration.
II the shot was accidental, and the forms OF
announcing who they were were complied
guilty Of the crime of granddaughter. II the
shot was designed, notwithstanding the forms
OF announcement had been compiled with.
OF the prisoner should be taken into consideration
also any doubts that may rise In the minds OF the
jury. II there was doubt it should be given for
his benent, and he should be acquitted Judge
Brady, in conclusion, read the statutes on man.
slaughter, after which the jury retired.
It was about two O'Clock wnen the jury retired.
Most OF the crowd remained, 80 great was their
anxiety as to the 1nal result At few minutes past
that followed could almost be read in their faces.
"YOu are acquitted whispered Mr. Howe to
Leahy directly, as the jury took their seats; II
would almost bet my life on It,"
IL hope sou said Leahy, and the hope was
legtbe in his frightened face.
Every eye was on the foreman as Mr. Sparks, the
Clerk, asked them II they had agreed upon YER
ave have" promptly answered the foreman,
and then Quickly followed the next response mot
TO say there was rejoicing over that verdict but
.aantly describes the scenes that followed. Leahy
waimiy thanked his counsel and was warmly con.
kfasuiatod Dy his host OF friends present.
mr. Halls speech did itu exclaimed more than
one az the crowd slowly filed from the court room.
az =, ~ shameful verdict" uttered many Others
tents. 49, '
THE POLICE KIDNAPPING CASE