New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-21
THE COURTS.
THE ATTACK ON DEPUTY CONTROLLER
EARLE.

EARLE.
TRIAL OF JAMES A. DUFFY THE AssAIIAST-DE-
TENSE DECLARE DtffY's MIND TO BIZ UNsoUND.
The prosecution in the case of James A.
Duffy, accused OF felonious assault and battery on
Deputy Controller Earle, opened in the Court OF
General Sessions before City Judge Sutherland yester
day At the opening of the Mr. Foster counsel for
the defense, made motion TO exclude from the court
room all OF the affair until they called
to testify This motion granted Assistant District
Attorney Rollins then opened the He sad that the
prisoner Ia charged with attempt the ith inst. nj
an assassination OF the Deputy Controller by endeavOng
to shoot him with pistol The chief peculiarly OF the
is that the assault made upon public officer in
his public office. and the motive. far ascerained,
was anger instigated by the refusal Of the Deputy
Controller TO pay claim OF the 9ccused.
On the morning OF May the prisoner said he had TO
bring number OF desperate prisoners TO the Court OF
Oyer and Terminer and he asked the officer OF the Cen
eral Sessions to lend him his pistol safeguard This
was the initial step OF the crime There Court OF
Oyer and Termner in on and there had not been for
some weeks. and the excuse mere pretense. Mr..
Rollins then by of diagram explained the posi-
ton of the Controllers Offices AMI the Of
thereto Continuing he said that Duffy on the morning
in question made effort to Controller Green with.
out Duff then went to the Deputy CONTROLLERS
desk and after conversation, Mr. Earle about
TO leave the Office the prisoner snapped the pistol which
the lobby The pistol which seven-barreled
only loaded three Of its chambers, and luckily
the hammer dropped on two Of the empty ones.
Abraham l. Earle the Deputy Controller the first
witness called He saw the prisoner at his Office at a
little after 10. May 4. While sitting at his desk wit
said that the prisoner began ask him about his
claim Mr. Earle said that the amount claimed had been
paid TO Mr. Brennan A the witness and a friend
passing out Of the office Mr.. Earle met Duly. and think
ing that the latter wished to ask him further ab)nt the
turn. Duffy saying, lit OF use" pucf cut tie
pistol and snapped il n Mr Earle. The latter endeavored
10 escape but stumbled "A mat aud recovering
himself found Duffy in the lobby, again evelug the piS
tOl. MIR. Earle then made dash at his assailant,
graphing with him. The pistol was again snapped, am
after that other persons in the hall secured Duly ana
took the pistol from him. On cross-exaninaiiOn Mr.
Earle said that DUfys manner when asking about the
clam respectful. There nothing unusual about
the interview NJ expressions of auimnSitv passed be
tween them Witness on partiEg with Daily, promised
the latter that Ee wOul show him r Brcnnan- receipts
fOr the money expended II the purchase 81 horses for TIE
prison showing that the horses belonged 10 the city
Witness did not the hammer Of IL" pistol crop Dt
only heard the click. Witness heard the pistol snap Only
once. Duffy, on being arrested. submitted iAriN.
Dufiys claim - about SLIGO. Several other
witnesses were also examined.
Sir Foster opened The for the defense
lie said that the defense would not deny the act ALLEGED
dispute the testimony OF ne 'cuton
He 10 saJsy the jury chat Duly al the nr NJ
the mission o. tn olsc was no. Responsible Tor rs
lie knew that this line Of def obnoxious 10
many, but sti ne would show, without refined neaphys
zeal and psychological distinctions, tina Duffy wa5 30 the
time Ol che act seized w,I one oi those sudden par y-
which are the uniAinnS sylp'iiS OF Hehtal "I''.''
Duty he would show l-t re-" .Fc Tnnl - ilc uul
OF blows head. from the effects OF which he Sol"
recover ana Time trra, "a ~ 10 fSi 81
insane. lie has also at various Times been In .ltAg
suicide.
Philip Duffy an elder brother Of the prisoner was the
first witness calico IL his defense. An EFFORT Wa II re- 10
prove by him his fathers ewcDtic seizures AMI his
brothers insanity. The will be continued today