The Morning herald., 1876-11-30
THE ASSAULT ON JOHN UBYANE
ScMusy, Duttess a,sd Macy at tho PolSos
COMrt-Sc4ltsy Held IN $1,000 to Amss0Sr
at COssrt-DsItt0n DtscharQ>d<

ScMllsy. Dutten a~d Macy at tho Police
Co,srt-Scullsv Held IN $1,000 to Ams,Ssr
at CONrt-DuttOn DtschaTgsds
q. At the police headquarters last evening,
Adward Scully, Geo. Dutton and Joseph q.
Y. Macy were arranged on: the charge Of an
assault and battery on John O'Byrne, on
the night of Nov. 7th. The first witness
examined for the prosecution was John o.
Byrne, Esq, who testified substantially as
follows:
On the night of Nov. 7tb, had occasion to
call at the Mayors office to borrow . book,
at which place met Walter Cummins, who
said he had the book sought for, and went
with him to bis Office to procure It; this was
sn0ut $50 O'Clock was In n. Cummins'
once about Is minutes, when we came out
Mr.. Cummins remarked that he had forgot
something, and went back after 1t, he,
(OByrne) remaining on the sidewalk until
Cummins came down stairs; on the way up
Sixth street, saw man standing in the
shadow of the door jam of the
Delaware Fire Engine House;
thinks he had on a soft hat; his coat was
buttoned up to the throat; in front of me
was one or two men; there was no other
person In sight, was struck from behind
with some instrument like ssndbag or
blackjack; the blow was on the right side of
the neck blow the ear; from the force of
tho blow fell backwards. Mr.. Cummins
at once cried murder and gave pursuit to
the assailant, but not being able to overtake
him returned and conducted me to the
HERALD Office; as we were passing the Re-
publican headquarters some one in the door
way remarked: "If it had killed the son Of
g. bitch we would i've three cheers" A soft
hat Uya hny, 4 hnh hna1 1N<G md
be was requested to button up his coat.
Mr. O'Byrne then said from the appearance
Scully Is the man.
Walter Cummins was then sworn and
substantially coroborated Mr., O'Byrne's
testimony, and said, from size, shape and
build, Scullv reeembled the man.
George Dutton one of the prisoners
was sworn and testified to the effect that
he was at Fifth and Market streets, about
81 O'Clock on the evening in question, that
about O'Clock, Sculley came to him and
borrowed black jack, the next day at the
hearings in the United States Court, he re-
marked to Sculley, 1t did the business, and
Sculley said keep quiet. When he first
came al tsr me he (Sculley) asked If had
anything, said what? he answered either
3 pistol or black jack. Macy was with
him, did not see sculley again until next
day.
Marshal Dunn was the next sworn for the
defence, he es'ified that on the night in
question Seulley came to his Office between
6 and O'Clock and remained until 8 o'clock
in the morning, and about 8 Il O'Clock, P. N.
some one came into the Office and said Mr..
O'Byrne had been struck. Sculley was In
my office at that time and had his boots off.
James Dapby testified that he was in the
Marshal's cfice from 7:S0 until II O'Clock,
P. NJ; was there when the man came up
and said MIR. O'Byrne had been struck
Sculley was there at that time.
James Frazer testified that he was
Deputy Marshal on election day; was in the
office of the Marshal at fifteen minutes
before 8 o'clock, on the evening In
question, "but did not see Sculley there
din see him about II o'clock.
The Mayor held Edward Sculley In the
sum of 81 900 for his appearance at court,
to answer the charge of assault and battery
with intend to kill and Joseph Il. G.
Macy, In the sum of $500, to answer at
court on the charge of being an accessory.
Dutton was discharged and will be used as
q witness before court.
1t is nothing but fair to state, that We do
not think from the evidence that Joseph 81.
G. Macy is guilty of the charge, but he may
know something about the case.
Marshal Dunn at once entered securit
for the prisoners and they we're discharged