The New York herald., 1874-11-18
The CROKER CASE.
The Coroner Indicted for Murder
and Lodged in the T0mbs.
Notion for Bail To Be Argusd-Whst Croker
and the District Attorney State-Pro-
eeedings in Court Yesterday
Other Indictments.

eeedings in Court Yesterday
Other Indictments.
On Monday afternoon the Oyer and Terminee
Grand Jury found true bill OF Indictment agatnss
Richard croker Tor murder In the nrst degree, and
found that "the said Croker was accused OF having
In his hand on the Sd day OF November last
pistol which he did shoot at one James McKenna,
causing death 10 the said James McKenna." Tho
indictment recltes the facts as sworn to before
the Coroner's jury. number OF the same witnesses
having appeared before the Grand Jury and given
the same recital OF alleged acts There was said g
have been no small discussion among the members
OF the Grand Jury as to finding an Indictment for
murder IN the first degree, some OF the members
having been inclined to make the degree milder;
but the adherents OF the stronger penalty carried
II, and, though IL may make no ultimate difference
before the jury which Will finally try the case. the
accusation Is so much more grave, and the indict-
ment OF the first degree prejudices the question OF
bail. Some time after the indictment was found
against Croker two indictments were found
against George Hickey for ielonious assault, one
upon Patrick Craig who leaned over McKenna a.
he was dying IN the street, and another against
the same for felonious assault upon James
McKenna while lying dying In the same place. Il
Will be remembered that several witnesses swore
to Hickey having fired two snots. Dut at whom
they were directed was left Undecided and thu
was the cause oI the finding Of the two tndict
ments.
ARREST OF CROKER.
Upon these indictments bench warrants were
granted shortly alter, which were placed in tho
possession Of Captain James Irving, OF the Detec-
tive Squad, by the District Attorney, with orders
that the officer should make the arrest az speedily
as possible Captain Irving proceeded to the
residence OF Croker, and made the arrest about
twelve O'Clock at night without any difficulty
whatever, and without any attempt to escape ON
Croker's part. The Coroner was left at his home
all night and was guarded by the detective, II nos
being thought necessary to lock him up In cell
ior the night. Hickey was arrested also, but not
locked up for the night.
Yesterday morning the two prisoners accom-
panied by James Sheridan, who had also heen indct.
ed feionious assault taken to the Sneria's
onlce and subsequently Croker was taken to the
Court Of Oyer and Termtner, before Judge Barrett.
Croker was still in charge OF Captain Irving, and
looked worn and iatigued. There were not many
spectators IN court, aud those who were there
had evidently not been made aware OF what was
to transpire. The prisoner was accompanied oy
his counsel: Go!onel 10 L. John r: Fellows n Henry Z:
represented by Assistant District Attorney Rus
sell, VINO TOOK the place of Mr. Phelps, te II %
familiar with the facts OF the case from previous
experience at the inquest.
THE APPLICATION FOR BAIL
Application was then made, before Judge Bar.
rett, in the Court OF oyer and Terminer. to admit
coroner Croker TO bail on the Indictment found
aganss nm oy the Grand Jsry charging hum
McKenna, on last election day. There was quite
Sur in court. Judge Barrett being engaged IN
trying q manslaughter case wnen the Coroner
came in, accompanied by his counsel Messrs.
CLINTON, Fellows and Wingate.
Mr.. clinton introduced the application for bail
by recounttng the recent proceedings In the Coro.
ner's inqusitlon. before the committing magis-
se tine IN
not yet written out the examination before the
Coroner and Tor this reason he would ask . post.
ponement OF the argument on the motion till the
Judge Barrett said he would entertain the mo-
tion at any time counsel were prepared to argue
1t within the usual hours OF holding court.
District Attorney Phelps inquired II the witnesses
before the Coroner had slgned their depositons,
and learning from the opposing counsel that they
had not suggested to the Court that the Testimony
was not IN a shape to be considered BY the Cours
on motion TO admit to ball.
Mr.. Fellows said the testimony has been taken
by phonographer; that It was read to each wir
ness from the photographers notes: that they
eacn swore TO their testimony, and was told when
the saine was written out they would be called
tner signatures would De obtained before iss pre-.
sentation IN Court on the motion to admit to bail.
requiring the testimony to be written out, aligned
and sworn to by the witnesses at the time IL WAS
taken taken. the converse 81 procedure IN this case
trregularity and indicate the existence OF undue
haste. He, however, would hear the motion pro
posed to DO made when they were prepared q
makeit.
sci 1t was finally decided that they would be pre-
pared to make the motion to-day.
THE OTHER INDICTED MEN.
y ana were ID the r
Sessions. bail was taken for Hickey upon the two
tefio OF Twenty-sevenIh street, being bondsman;
and ior Sheridan IN the sum ol $4,000. James =.
Matthews, OF Forty-sec0nd street, being bonds
mar, after which the prisoners were allowed ia
depart without 1urther 1ormaitty. Hickey tmme.
stately Wen a 20 see Urones ID ,ne % ana ana one!
subsequently Croker was handed over by Cap.
tain Irving to Deputy Sheriff Matthew Daily, who
took MN again to the Sherlff's ofce, thence back
to the romDs, and tnen delivered him into the care
the prison lor o few moments, and was then
taken to cell No. 40, on the second tier OF the
Jonn Scannel. 1t ID the same cell Gs that Tor.
mery occupied by Sharkey, who escaped and haa
never been retaken.
HERALD reporter called upon him there ana
found him reading the papers. He dld noe
ready mas SAID before and what he swors 70 at the
CorOners inquest, tnat he dld not have pistol In
ms hand n on ne m morning n OF the Tna'
which they are wiling to do II they can only get
political supremacy IN the district. This Is wny
the warfare Is made on him tCroker), because ~
has opposed the OBrlen faction constantly at cleo
tions, and generally been SUCCESSFUL lhe Coro
ner says this is the whole secret Of the antipatny
and persecution with which he Is followed by hia
enemies. He expresses himself as being conn.,
dent that the case Will turn out all right for him,
and that everybody Will be convinced he Is inno.
cent. He still adhercs to the statement
that at the time the shot was nred
he and O'Bren were cnnched, and that therefore
he could not have fired IT. that he did not know
the man McKenna had no earthly oDject IN taking
his lie. and to sum up did not sn0ot MIN.
Croker was generally averse 10 receiving visle
ors yesterday and very few were consequently a.
mitLed.
WHAT THE DISTRICT ATTORNEY SAYS.
Assistant District Attorney Russell says tnat Nc
does not believe Croker will be admitted to bail
because 1t is not usual In cases where prisonen
are indicted Tor murder In the first degree and u
indeed never done. Supreme Court Judge naa
precedent Is decldediy against 1t. 1t WA
not q question whether croker would es.
cape or not, but whether II was consistent
that man under accusation OF murdee