The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22
IS THIS MAN INNOCEN71
Is James Rice, Convicted Of MansIaughter, q
Victim Of Mistaken Identity!
A CASE FOR JUDICIAL DISCRETION.
Statements by the Prosecution and the
Defence.

sensation II Is not often that noted lawyer like Mr..
Hall is deeply impressed with the innocence OF his
convicted cientthat verdict OF guilty will induce him
10 avow determination never to take homicide case
again. The facts In this have only appeared in
dribcts and In such a to give the public
clear insight into tho merits On the 11h OF October
last there quite bloody srray tho West Wash.
jngton Market, between rival clans OF market
tho McCabe brothers tho McCarron brothers. The
McCarrons had threatened to drive tho McCabcs
the market McCabc, ST., on tho morning OF the
1lth of October got McCabc. Jr., avenge
the insult, and they went TO the market
The general fracas which there ensucd and
which tho McCabcs provoked had tragic
for the younger McCabo lad OF only twenty, named
Hugh who had been only two years the country.
man stepped up behind him while he and one OF tho
McCarrons were clinched and struck him a fatal blow
with Ratchet on the back OF his head. Hugh foil,
mortay wounded, and died in December of abccss Of
the brain.
VERSION or DErKNcE.
Who was tho man. That is the question. The
prosecution, which was conducted by Assistant Dis
trict Attorney RUSSELL claims that James Rice, por
ter in the employ of the McCarrons, TO tho
cue Of tho latter by stepping up behind Hugh McCabe
and dealing him the fatal blow with the Ratchet
Riccs counsel, Mr. Hall, says that it was IA of
mistaken identity and that II else. at
participated" said Mr. Hall yesterday, "and claim
that it was impossible to distinguish the person who
struck the blow" Mr. Hall then gave the following as
the version Of the defencc:--
Rice Is young Irish lad only twenty years old, u
minor who is the sole support OF father, mother
and sister He is vouched for by all ncighbors as
youth not only free from all blame, but unusually
polite and mild and Of complaisant temperament
On tho stand no impressed everybody by his quiet and
vcn tmld air For the last year he had been in the
employ OF the McCarrons who are large produce dca
rs NJ the market IL was proven ON tho trial
hat hostile relations existed between the Nc
>arrons. his employers, aud tho McCabcs. Nc
jabe, in company with three Jour
'thcrs, camo over TO McCarron's produce booth
md provoked a hand ID hand Tight, ana that Hugh
dcCabe, the deceased, can there armed with deadly
weapon was proven by the police and others who
ound hatchct III MS belt Tho fight between the
isiptcresed parties, became instantaneousy general
ma, IN fact perfect riot, during which bystanders
saw scrapers hatchets clubs used well lists
without beng able TO distinguish the participants.
Two witnesses Tor The prosecution sworo that they had
seen Rice leave his booth, step up behind Hugh
McCabe aud strike him with u Ratchet. third could
only swear that the homicide blue shirt but
that II was Rice. Tho prosecution proved that Rice
wore blue suirt
Here Mr. Hail broke In with a touch of humor upon
this serious recital OF stern facts "They proved that
Rice wore blue shirt" said he, 'and then proved
that others IN the market also wore blue shirts This,
you see. Is case where the blue light does not cure,
but Kills.
.'Now, we say" Mr. Hall continued, sthat some one
else who had motive struck McCabe, who, you Will
remember, came there provoke the iracas. We say
that this Is a case of mistaken identity aud that weak
as the testimony Tor tho prosecution s tho prisoner,
and not the people, should have the benefit Of the
doubt Judge Brady's charge was very lar one, ana
considering that the jury, the ground OF his youth
and good character earnestly recommended him to lha
merclfu consideration of the Court, do not doubt
that Judge Brady will impose light sentence"
THE CASE sERN BY THE PROSECUTION.
Assistant District Attorney Russell SAID that the tes
timony of the marketmen who stood by was very
clear this point OF mistaken identity raised by Mr.
Hail. ana furnished the following abstract OF their
ABRAHAM DoRsETr's TESTIMONY
h ns Of ns when W got there
s.y doing, Y. If standing Their.
between Hugh Nccsbs ana Frank MccarToS A''S Dsn'
q. Did others lighting except these two' A.
q, Who was lighting with Frank McCarron' A. Hugh
q What did you see them doings A. saw them cinch
and fighting with one another
in that fight A. AS said before. my place OF
SasS MecaSs and Frans %eosr:on cneSsS ayhas: and
Of Mr. McCsrrons stand and saw Mr. Rice stand there
Y. What kice-this prisoner here? A; Yes. sir; and
an s1h step s only
h:chs and hit Mccsss en- the head with the %
de little above the ear and little abaIt Off,
O. Did he hit him severe blow, A. A worry severe blow
q Could you see whether he struck him with the ham
Then What followed after the .rtaS' wheeled
steps for some reason wheeled back saw the man fall
EDWARD RAspKLL's TESTIMONY.
Q. Did the fight about o'clock in the
Ing a, 4; d I'd: not see the first oft. u.c
md anoiher man cinched.
Who T%s the CshS, . msn don't know sow who wa.
hrec minutes guess when seen James Rice come out
q. From where A. From William McCarron's stand.
There he Was wOAns and he struck the man that was
q. Where did he strike him A Twas not near enough
Win whs. I'D he strike ri him in % With Saee
Win the ssn Ss ns or win the he ham % ana ;a, aU"
all l saw; it sicasnsd me and .hen wen. away
George Furman, also in the market testified he saw
% s ad % @ IN hs
back and that he SAY sn man strike Msya1s with
Captain Sanders arrested Rice with garment answer
Gookkeeper long in the employ the Mccarrons tcs
hed that he Rice out with his Ratchet and strike
ceased.
Mr. Russell added by saying 1.-THE name OF Rico is
Traitor OF the deed. If some else did II surely
there would be some one OF the many specta-
tors to give evidence 10 that effect; !
wish you would also state that the verdict OF man.
slaughter in the third dcgroe--that is, for death
caused by deadly weapon IN tho heat OF passion and
without the intent to K-was the only ono asked by
the prosecution, admitted just by Mr. Hall, II
Rice the man who struck the blow From tho
evidence | cannot doubt that such was the fact, and
although the young man has proved a previous good
character, and 49, doubt deeply sorry for what he
bas done, cannot regard tho punishment which rs 10
be metod him excessive, as the highest term
for which he can be sent TO State Prison is four
years"
AN ERA LAwLEssxEss.
II Is certain that this year OF lawlessncss, when
shot down, mutilatcd tarrcd and feathered,
dubbed TO DEATH Cowhided stabbed or garroed the
public highways almost every day, IL Is high time 10
check the deadly weapons Ike hatchcts, be ~
wen I'm the heat OF passion" On the other hand,
he question may, perhaps, be raised whether young
ad, who has borne u good character, shall suffer a
elon's doom for "a to which he temp, cd by
devotion to his employer, who had been attacked and
whom he light have benevcd to be in danger, and the
awfu, consequences OF which he did not intend Rice