The New York herald., 1879-12-08
A COMPLICATED CASE.

POSITIVE IDENTIFICATIoNs THAT NEARLY CON-
MITTED TWO MEN-AN ALLEGED PISTOL SHOT
WOUND THAT DEFIED MEDICAL INQUIRY.
An alleged shooting affray in Greene street re.
sort. which yesterday made the subject of an
animation in the Jefferson Market Polico Court. led
to q curious complication of evidence the Gordian
knot of which ultimately cut by rather unpre-
possessing clasp knife From the statements of the
inmates OF the place in question it would appear
that person who had been carousing there for
some time on Saturday night waxed quite indignant
when he asked to settle his score and announc-
ing himself Backwells Island keeper. stalked up
to the bar and avowed the modest purpose of clos
ing up the premises There consequent
wrangle with the drink dispenser. call for police
and both went off to the Eighth precinct police
station in Policeman McGowan's custody They
adjusted their differences, however. eschewed mutual
complaint and the bartender had returned TO MS
place among the bottles when the assumed island
keeper entered again. He had pair of companions
with him this time who posted themselves at the
door while he walked up to his former antagonist.
and. is alleged. ying "lf can't have satisfac-
ton will have revenge" struck him the head
and felled him to the floor. There was stir and
hubbub among the onookers. which. as was further
stated in court was checked by of the assaants
associates announcing. pistol in hand that he would
blow the head Off any who attempted to STIR
while the other one. with white handled knife
flashing in his fingers. declared that movement to
the door synonymous with instant dissection.
These manifestoes rather disconnected the habites
of the places, but William Osborne, the night bar
tender ventured to advance when the pistol welder.
pulled trigger and the bullet struck him
in the mouth. The originators of the n,e1e took
themselves of at this point. and were lost in the
crowd, which, summoned by the screams for the
eofa n irl ed m IN
diately covered the sidewalk Policeman MCGOWAN
came running down in answer to the call, and by
the girl his attention called to figure on the
other side of the way. He across the street in
moment. with his hand upon young man, who
seemed quite taken aback at his appearance and
wanted to know what the meaning Of it was He
was told when Josie Benson came over and identi-
fed him the man who fired the shot. Remon-
STRANGE was in vain. the recognition declared
complete, so Off the young went to the Eighth
precinct station house, where he was found to be
Philip Mcdny OF No. 10 First street: an attacne OF
Flammer. in the Jefferson Market Police Court yes
terday morning. he protested his innocence again
and brought friend to corroborate him. who stated
that both were bound on mission OF charity which
they had in part carried out when the assemblage
turned to look around the officer appeared behind
him. and. directed by the girl. took McGinty into
custody
osBoRNE's WOUND.
Then Josie Benson put on the stand and she
but his witness. who. she averred. was the COM
panion who had drawn the knife. Another inmate
of the house bore her out i'll this and Osborne him.
self readily confirmed them. The pair were now in
danger Of committal when the injured mans unwit-
ting admission that he could show his wound gave
new turn to the affair. He removed bandage
about his head ample enough to suggest q hurt OF
the most dreadful character and exposed lip spot
ted with blood indeed but with no more apparent
wound than abrasion slightly Jagged on the upper
side. The mustache seemed bloodsoaked; and His
Honor, thinking the spot might be concealed asked
where the bullet had passed.
''Into my mouth" said Osborne.
"And where did it go theny
"Oh, spat it out" calmly rejoined the sufferer.
At this counsel for tho defence insisted that the
Injury not pistol shot wound at all, aud
medical expert for, who left the matter al
most much involved by saying 1t was possible as
there slight abrasion on the gum. as II 1t had
impeded passage of some hard object but looked
more like the blow OF q hard instrument. such no
knife, but knife handle. might make. At this
Policeman MCGOWAN produced knife he had picked
up in the gutter after the melee. 1t corresponded to
the one the girl described being used by the pris
oner's companion.
''Does it belong to your" the Court asked him.
cit does not" was the reply.
"Come. you carry one. don't your
eyes, need one in my business"
They searched him then and found knife on him.
but 1t sim old fashioned one and the handle
was deep black. This turn to the affair followed
by the revelation that 1he house, stoop, sidewalks
and at the moment of McGinty's arrest McGowan
had ascertained beyond doubt that he had upon
him. So His Honor decided to discharge both pris-
oners and leave the prosecution to reconcile their
positive identifcations and the putative pistol
wound with the developments as best they could