The New York herald., 1874-12-09


ana iali; from the time was struck did not lose
co,oaas Counsel read from the testimony before the
.cG,ss "iney then all pulled pistols and hallooed,
vulye u 70 the -.'n Is that trueY A. said
twas Hickey tnat cried out, aGlve II TO the --n
before the Coroner you swore that IL was
nredf rresumony handed TO witness.I 'o a. rnas
DON'T remember swearing that they ali pulled
pistols as swore before. the nrst pistol saw Was
q. You swore that when bringing the police TO
arrest Croker, Il drst saw Mckenna, and that
then ne ie, and saw Croker put the pistol to bis
mead ana nre: with that Croker handed the pistol
to Hickey or some Onen ls that true
Upon these points witness was cross-examined,
out ms answers were not at all given In support
WI Wlttness-alckey' alter the nrst 1rlng, had 2
ne e era swa
kenna nred down at him. . LIS NI#t.
TO a question, in response to which witness de.
Kenna, he placed himself IN front ol Mr.. Fellows
then he said McKenna came from there, and az
ne ne passed between us Croker nred and Mckenna
get witness to explain his testimony before thc
coroner as 20 the relative positions OF the parties
at the time OF the shootlng-the witness having no
very clear idea or the points OF the compass, and
conunnaily n losing Oil idea Of mis- reckonings.
U Dld you see Croker when he put the
PISTOL TO A'KENNA's HEADY
!, A. did; hrst saw the smoke and then heard
the report; u was short p.stol could not tell
Wnat Klnd OF pistol; had no pistol that day; had
pistol upon one occasion, eighteen years ago
oret Grew ~ 10 an encounter with Rocky Moore; ne
snot az me, but did not fire at HIM; don't re-
member upon any occasion dra wing knife upon
police captain.
! TINS closed the cross examination, the defence
lntimatlng TO the Court and prosecution tnat II
!ley deemed IL necessary they would call him
TESTIMONY OF W. II. BoRsT
William Il. Borst, sworn Tor the prosecution,
lives at No. 1877 West Forty-ninth street-On the
morning OF the Sd OF November saw Croker at
T0lrty-iOQrth tw0
Hickeys aud Sheridan were with HIM; Croker WAS
standing on the avenue facing the houses, near
the corner OF Th1rtY-fOurth street; said, ssGood
morning Coroner;' he asked me what was dong
there; saw O'Brien passing on q car; ne got Oh
Then Croker SAID, Il want you thieves to get
out Of ths;" Croker called O'Brien thief and
ssS U nss Sasa sm n an o1sS na
after Hickey pulled out q pistol; O'Brien and
Croker clincned and Croker backed away from
McKenna rushed at Hickey, when Hickey retired
and fired and McKenna staggered and fell; after
heard the first pistol shot Hooked and saw Croker
hand; Stephen O'Brlen went to PICK McKenna up
ana then George Hickey again fired at him on the
outl saw the two Hickeys and sheridan on the
raliroad track they had pistols; 1 think eight
Hickey fred, but alter that saw Croker 20 over
70 where McKenna lay on the ground and look
,SsI aown at MIN and step over him; ! think saw
station house when Craig came In and ask ed
Croker what ne shot his cousin Ior.
CROSS.BXAMINATION,
Was not In O'B 'Brten'S district that morning BY
invitation OF any one; the first pistol drawn that
] saw was by Hickey; that was In iull view OF
O'Brien; l think there was policeman there
when the first shot was fred; don't know where
Costello was at that time; McKenna was going FOR
hickey and made grab at him; then tue shot
was 1red, and McKenna staggered and fell |;
Hickey had the pistol out; remember seeing
stephen O'BrleE go 0ut to pick up the man. aud
tnen Hickey nred again can't say whether he
fred ct stephen UBrlen or at McKenna who was
then on the ground; don't know where Croker
was At the time. 9A sN
q. Did you say at the Jackson Club that morning
who nred the shots A. said Hickey and Croker.
Michael Costello, sworn tor the prosecution
The main points In the testimony OF tnis witness
were calculated to throw much light on the
particulars OF the fatal occurrence During the
shooting he was ct the rear OF the crowd; did not
see McKenna shot: afterward saw pistols with
Sheridan and Hickey; also saw pistol in Croker's
hand IS Croker stepped on the curbstone; the
pistol was elevated.
On the cross-examination as to the whereabouts
Of himself and the witness Borst on the previous
evening, and how they spent the night, and the
circumstances attending their appearance ut the
scene Of the shooting on election morning, wit
ness, IN almost every particular, c0ntradicted
BOrsts statements.
Al the close OF the crosse examination. the next
witness required by the prosecution not answer
ing TO his name, the Court adjourned at Ave
O'Clock to ten this morning.