The New York herald., 1879-09-18
OLD RELIABLE SAVED HIM.

OFFICER MARION HELD FOR PERJURY By JUDGE
GILDERsLEEvE-HIs PRISONER SAVED FROM
STATE PRISON DY COLONEL BoDINE's KNowL.
EDGE OF PRoJEcTELEs.
No little excitement was created in the Court of
General Sessions yesterday afternoon. when Judge
Gilderseeve ordered the commitment of police
man named Patrick H. Marion, of the Twenty-frs
precinct. or late there has boon feeling enter
tanned that some officers whenu testifying
the witness stand had ga bad memory" and that
oftentimes they would not hesitate to swear
at random in order, by sending the victim to the
State Prison. toshow their efficiency and alert
ness. The case tried yesterday peculiarly in
teresting. The prisoner young man Of
twenty-three. He had already served a term Of two
years for larceny, yet there was nothing excess
lively vicious looking about him. The charge against
him was that OF felonious assault. with intent to
KILL the object Of his ire being the officer mentioned
When called to testify Marion said be was on post
in the vicinity of Thirty street and Second
avenue, when his attention attracted to crowd
between First and Second avenues; he Immediately
rushed to tho scene, and James McKenna, pistol
in hand, threatening the bystanders he faced Nc
Kenna the latter presented the weapon at his head
fred the cartridge failed to explode and when grasped
around the waist McKenna again attempted to shoot
him through tho heart. The officer positive he
heard the pistol snap, and McKonna was indicted
for fclonious assault, with intent to kill.
A good natured looking roundsman named Thomas
Murphy from the same precinct stated that he was
walking with officer Marion when somebody told
them there q disturbance going on and his CON-
panion Immediately went to the spot he followed
the officer and saw McKonna standing on the side
walk with pistol in his hand; he did not however.
hear any shot fred or the swapping of any hammer.
THE PRIsoNERs STORY.
The prisoner, Mckenna, who lives with his parents
at No. oo9 FIRST avenue gave quite different version
OF the affair from that narrated by Officer Marion
He admitted being an exconvct, to begin with. and
went to state that the night before the
he went to q picnic at Terrace Garden. There q
quarrel took place between of his friends snd
he seized a pistol from one Of them. intending to
return it. In the morning, some time be-
tween seven and eight O'Clock, he entered
an eating saloon. on Third avenue His bill
for breakfast was twenty-five cents and he was
five cents Ininus that amount As tho prisoner ex-
pressed it, II pitched him twenty cents out of
twenty-five and hc threw me out Of the door," A
crowd gathered around; he had the pistol in his
hand and the officer up and grabbed him from
behind He positively denied cooking aiming the
weapon at the officer adding that when the pistol
was taken from him he thoroughly clubbed.
He subsequently reminded the officer that he had
already got young man sent TO the State Prison
known by the euphonlous sobriquet OF CHERRY
Eye Dick" under similar circumstances, although
there had been no shooting done at all.
The boys mother. Margaret McKenna, who said
she kept grocery store First avenue for twenty
five years. testified to her sons good behavior since
he came out of prison. And came the scene.
In cross-examining the officer Mr.. Alfred Steckler,
who defended the accused. questioned him closely
as to the swapping of the pistol ana the entire stua
ton. MIR. Stecker after examining the barrel cen
tanning the cartridges. insisted that there no
fire the pistol. He claimed that the indentation
on the cartridge, if any existed would speak for
itself There was none, he said, aud. addressing
Judge Gildersleeve, added, II will accept Your
Honor US one of the greatest experts in the land
kindly see il there is any indentaion there such as
would be produced by the swapping of hammer"
Judge Gildersleeve carefully examined the barrel
but declined to pronounce any opinion on the sub
ject His significant look however. spoke Volumes
in favor or the prisoner story.
oLp RELIABLE" ON THE STAND.
Mr.. Sreckler with the concurrence OF Assistant
District Attorney Herring at this stage of the
asked that Colonel John Bodine, "Old Reliable" be
called to the witness stand expert the point
raised by the prisoners counsel. The Colonel has
recently been appointed a court officer and his ap
pearance as q witness caused no little surprise. He
was interrogated by Mr.. Secker to the condition
OF the barrel. The Colonel. hale and hcarty as of
yore, put Oh his specs" aud examined the barrel
closely 1t then suggested that Colonel Bodinego
outside the court and fire shot, in order that
the effect of the indentaon the cartridge might be
noticed. A few moments later the sharp report of
pistol heard tho attic, whittier the Colonel
at Mr.. Steckler's request had repaired. Down he
came. pistol in hand, and again took his seat the
witness stand.
"When you look at this cylinder" inquired Mr..
Herring apd the cartridges in it, state the Court
OF the cartridge indicates that the hammer of the
pisto has been down upon the cartridge for the
pose OF exploding itY
''No." emphatically rejoincd the Colonel, and the
the effect OF his electrical upon tho jury
The barrel was then examined by the jury, aud on
IL had been tampcrod WITH while tho cartridge dis
charged by Colonel Bodine showed heavy indenta-
tion.
"In whose custody has tho pistol been ?" asked
Judge Gildersleeve.
I'm the officers" replied Mr.. steckler
II think" said Mr.. Herring. "that in view of tho
testimony, this man should be discharged. If this
officer has testified falsely as to the swapping of the
.,tut
branches of the case Although this young man Is
already tinged with crime he is entitled to justice.
JUEGE GILDEIisLEEvEs OPINION.
"The Court remarked Judge Gildersoeve, zap
the action OF the prosecuting officer, and di-
rects that the case proceed further. 1t is very
evident that some one has in here
with manufactured evidence-at least manufactured
item OF the evidence material in this case. in
order to secure the conviction of this II lie
guilty he ought to be punished, but 1t to inc
the prosecution should 90 further after the tes-
timony which has been adduced. Whoever is con-
victed in this court must be convicted legal evil
dence not on evidence which has been ufactured.
Probably the man is guilty, but the evidence does
say that such case as this has n bad effect
on the whole community. Tho Court should
not to be embarrassed by testimony OF this kind,
and II police officers will not tell the truth convic-
tions will indeed be difficult to secure. From tho
officers testimony 1t appears that tho pistol has been
in his possession since tho arrost-a least lie said
II was loaded then AZ it is He testified that he
heard 1t swapping, but the only inference of
nothing OF the kind" His Honor then directed tho
jury to acquit the prisoner which action was taken.
THE OFFICER COMMITTED.
Later in the day Officer Marion was summoned to
tho bar by order of Judge Gildersleeve. He looked
somewhat shcopish in full uniform, and the Judge,
after administering sharp rebuke, callcd attention
TO the great Importance OF the testimony OF police
officer being reliable. IL am sorry" added tho
Judge, '.to bo compelled to commit q police
officer in uniform, but under section of
the Revised Statutes which provides that If In
the trial of cause the presiding Judge has
reasonable grounds to believe that a witness has
falsely and corruptly 1t shall be his duty to
commit tho offending party. Perhaps you may be
the victim OF circumstances. IL you guilty you
will be punished, IL you are innocent you will be
acquitted You are now committed In $500 bail"
The officer trcmblingly explained that when no
desk in the police station. Roundsman Murphy
was accepted as the officers bondsman and bail will