The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-30
THE LATE HOMICIDE.
The Inquest Last Night.

death Of the late Daniel c. Byerly, our
!a,nented and beloved manager.
The inquest was held at the rooms OF
Coroner De Blanc, on Rampant, corner OF
lOumaine, and there was quite an audience in
Attendance. Quite a formidable array of
ue1epaper correspondents were in attend
ancce, vieing with each other in taking
down the testimony as given by the wit
nesses.
At o'clock, precisely, the jury was called
to order, and proceeding then began. The
first witness called upon to testify was James
P. Stagg, the solicitor Of the Times newspaper,
who testified substantially as follows:
reside at 212 Camp street. was present
at the difficulty. At about 11:3O, on Satur
day, was walking along Canal near ROYAL
street, when saw Gov. Warmoth in company
with E. i. Norton.
Just at that time, was accosted by friend
who asked me if l was acquainted with War
moth we'll enough to introduce him to him.
l stated that was not, but pointed to Gov.
Warmoth who was about ten feet from ma.
had scarcely done this when Warmoth bid
Norton good day. I then started down Canal
street toward Bourbon. AS Warmoth passed
me- l noticed that his eye was intently fixed
upon some object in the distance.
Turning around saw Dan. C. Byerly APP
preaching. He had his eye intently fixed
upon Wamoth. He was alone and not be-
hind anybody. When within three feet Of
Warmoth he drew stout cane, which he
held in his hand and which was an unloaded
cane (the cane was hereupon produced and
shown to witness, who identified it as the
cane used by Byerly in the affair) having
crook on the end Of it, and with it struck
Warmoth on the head. He repeated the blow
almost instanter. Warmoth shook his head
convulsively from the effects of the blows,
retreated about five steps, put his right hand
in his right coat pocket, grasped the outside
of his coat pocket with his left hand and
seen ed to draw what supposed at the time
IT. 0e a revolver.
Just at that moment Mr.. Byerly stepped
between Warmoth and myself Immediately
they clincned and then the arm Of Warmoth
came around ON the left side of Byerly, and I
saw him make three thrusts into Byerly.
Warmoth after that made more thrusts on the
left side. Byerly then grasped him by the
waist and threw him. In the fall Warmoth
came on top. They struggled, rolled to the
-curbstone with Byerly on top. At that time
the cry was raised to take away the knife.
Just at this juncture policeman made his
appearance, and rushed up to the side of the
fallen men, when the policeman wrested the
knife away; both combatants then arose.
Warmoth stood near the curbstone, Byerly
stood in front of A. Koenig's door, in front Of
which the whole thing transpired. To the
best OF my knowledge and belief Byerly re-
tanned his cane was escorted by two friends
down Canal, toward Bourbon. A demand
was made by the crowd that Warmoth should
be arrested. Warmoth placed himself in
charge OF the policeman who had taken the
knife away. l walked to the corner of Royal
street, and thence to Customhouse, at that
point lost sight Of them. 1 recognize the
knife now in my hand; l also recognize the
cane as that used by Byerly. I did not see
had fallen.
This completed the evidence as given by
James p Stage.
Several witnesses more were then examined,
among whose evidence we will choose that of
Sergeant Slabowski, he being the officer that
separated the combatants, and wrested the
knife out of the hands of Warmoth conse-
>auently his evidence is the most relevant and
important of all
Sergeant Slabowsh being duly sworn, testi-
fed as follows:
reside at 1872 Common street. I am
sergeant of the police force, and I vas on duty
on that day. was making my rounds, when
met Capt. Malone on Canal street, corner Of
Royal.
1 was looking down toward Rampant street.
but not straight down. My attention was
first attracted by the smaller man striking the
taller man with stick. Immediately after the
two men clinched. Ipulled Capt Malone by
the coat and said Look, look, and started
down towards them. The two men clinched
about in the middle of the banquette, and
before 1 got near them, they rolled near to the
gutter. There was nobody Immediately near
them at the time. I came and saw Gov. War
moth lying fiat on his back, and the other
man, whom l did recognize at that time was
lying on the top OF him.
1 saw the knife in Warmoth's hand and
saw him using it on the side OF his antago-
mist. By that time, Capt. Malone arrived and
called on me to "take that knife" l held
Warmoths right arm and pressed it to the
banquette: opened his fingers and took the
knife away. | shut the knife and put it in
my pocket Capt Malone took the man from
the top of Warmoth and put him on his legs
by the collar.
Warmoth then got up; touched him on
the shoulder and said to him, "you are my
prisoner be answered, call right" BY that
time big crowd surrounded us, and War
moth was bareheaded picked up hat
nearest to me and put it on Warmoth's head
then it was that the crowd halloed to me "ar-
rest that man." answered, he is my prison
ler: Gov. Warmoth himself said, l am ar.
rested, and called upon me to protect him:
told him YOU are in my custody, will take
YOU down. walked with him first to the
corner of Royal, and down Royal to St. Peter.
hoaSa;: aim all the time by his right arm till
/ BIZ It him to the station, and then en-
tereSfoeharse against the men.
15Npd on the way to the station that the
other MANS name was Byerly; the charge was
fighting and disturbing the peace against both
Warmoth was also charged with stabbing and
dangerously woundirg Byerly; these charge:
made about half an hour after brought
Warmoth to the station, not knowing the con
aition of the other man: we had the charge o
Byerly from the time we separated them;
recognize the knife that I had taken open