The New York herald., 1874-11-12
THE POLITICIANS MURDER.
Third Days Proceedings Before
Coroner Woltman.
CONFLICTING TESTIMONY.

Censure Of the Defendants by
Counsel and Coroner.
The proceedings OF the third days session OF
the inquest in the McKenna homicide were an
nounced to commence at hall-past DIne yesterday
morning. At that time there were not present
ana for nearly half-an hour aterward. two OF the
defendants IN the case, George Hickey and Sheri-
dan. Subsequently they entered the court. This
lack OF punctualty originated some remarks from
counsel, which are given below. and show the anom
alous position in which these defendants stand
to the Coronor's Court. Mr.. John Kelly occupied
q sea. at the counsels' table during the entire
session.
THE PROCEEDINGS.
Colonel Fellows said that he understood that
there were four defendants in this case, no we're
held TO await the action OF the Coroner. He said
that he had endeavored TO impress upon the par
ties, all Of whom he represented, the Importance
Of complying strictly with the demands OF the
Court, but without accomplishing what was re-
quired. 1t seemed to him, therefore, that o re-
bnke should be administered to these parties by
His Honor.
Assistant District Attorney Russell said that the
course pursued in this case toward the accused
parties was somewhat exceptional but for that 1t
would not be needful that these defendants should
receive rebuke by the Court for not being present
at the commencement OF the proceedings Of the
Court. In all the cases which he had heard OF
In which defendants had been charged
with MURDER they had been held by the
Court, and that it was found needful for counsel
| to ask that rebuke be administered to them for
not being present was attributable to the way IN
! which the case had been tried.
| Colonel Fellows said that the counsel had twice
repeated that expression, that these men we're
charged with murder. He did not know what tre
counseps experience might have been his Colonel
! FenowsY had been different. There was no
charge before this Court; there certainly was no
charge OF murder. There were parties held be-
fore this Court who were said to be concerned IN
an offence committed in Second avenue They
were charged with no offence. There was no I'M
pllcation OF any offence by winch they were held.
Taey were there for the purpose or appearing be-
fore the jury, and the jury were to decide whether
any offence, had been committed; that had 10 be
| or not.
The coroner said that he stated in opening the
| case that no one had been charged before him.
The testimony was not yet completed, and the
| present time was not the time to say who were
the defendants. II was not his province yet to tn
struct the Jury, and the charge ol murder had not
yet Oeen made.
Assistant District Attorney Russell said that If
he might be permitted further remark he wished
| to say that unless he had an entire misapprehen-
sion OF the testimony. there had been at least
dozen witnesses VINO had sworn, and whose testi-
mony was here in evidence. which involved ccr-
tam defendants IN the responsibility OF the com.
as ey s
OF witnesses and retired during the giving OF
evidence with the other witnesses in the case.
4 1t was quite apparent that they are not held In
that capacity. They were held upon charge Of
the gravest character possible. He did not wish
observations that are provocative Of discussion.
He desired, however, to say tina. he should be
had originated q suppositton that they were a
| scandal on the administration Of Justice. 1t,
with these crimes on not presenting themselves
| In the court, should be rebuked BY the Court.
not in the Court In the Character Of de
tendants. He did not wish to renew the sugges
II he had previously made. but he would re.
mark that these defendants were charged with
CT mes Of the grayest character. anu the respon
sipility IN connection with the defendants rested
with the Coroner and not with him.
Colonel Fellows said that he only desired to sup
plement What ne had said by this, that the post
| traOrdlnary. II Is said that these persons were
charged with murder because somebody had been
shot, and some half dozen persons had said that
they had heard somebody say that Richard Croker
| had done the shooting. This certifying did not
nj make ne the ne charge ~ dd y would be better to
The Coroner said that ne should leave the case
to the Jury. and not in the hands OF the District
/ Attorney or the counsel iOr the defendants.
! The Testimony.
| EVIDENCE OF STEPHEN o'BRrEN
stephen UBrien sald:-l live at No. 163 East
Thirty -taird street; ! was IN Second avenue on
Mr.. Croker and Sheridan coming down; they came
up to hirty.fourth street and second avenue; I
feltn district; this was about nali-past seven or
! twenty minutes to eight; was In Thtrty-fourth
around to the Tenth district started over to
| crowd that was around the telegraph pole saw
ue Dask o G
across between them, and the first thing saw
was pistol IL the hands OF Mr.. Croker
pistol, and said. 'set out Of the way You sons OF
street; it looked to ME that Hickey took the pistol
from Croker; II was George Hickey; Haw Sher-
S
body to get away from him; saw the oflicer take
something about q repeater - then Croker hit
| him in the mouth; was about four feet away;
he had pistol in his hand aIterward; Croker fired
the shot; he fired one shot; IL was snort pistoli
was sas nssE IL
| Croker ana O'Brien; McKenna was moving tow
ard them; saw some weapons at that time In the
hands OF Hickey and Croker cannot say whether
| Hickey took the pistol from Croker which he fired
with or whether Croker dropped It; know that
three shots were fired at me.
BY the jury did look for stone but could
not find one; Croker stood back about SIX or
ee ns hs snd IN his oio n
| with his hand in his pocket; saw pistol In his
hand afterwards; after he got out OF the fight
| saw q pistol In his hand.
By Colonel FellOws-McKenna came from the
corner the opposite side OF Thirty tour street,
and not from the polling place; he could not
! have come from the polling place; tnere were no
words passed between Croker and McKenna.
Tue witness then described upon the diagram
the position Of different parties during the fight.
/ EVIDENCE OF THE DRUGGIST.
Charles kesser OF NO. 623 Second avenue,
! said when entered my drug store on election
morning found the wounded man sitting In n
char; some one asked him who shot him, but
! could not hear what he said the Captain came In
saortly after and also asked him who shot him he
replied, and 1t sounded TO me like Croker, but
did not pay particular attention ana could not say
positively wnat he said ne said something which
! sounded like Croker.
TESTIMONY or EDWARD DowNY.
Edward Downy, OF No. 339 East Thirty-stxth
street. testified tnat he saw Croker and Borst stand
ing on Fbirty-lourth street aud Second avenue !;
oil lOn fo.NL LraIa