The New York herald., 1879-02-08
DEFYING THE LAW.
A Gang of Armed Negroes Fired
Upon in Portohester.
ESCAPE OF TWO RIOTERS.
Two Men Wounded and One of Them
Likely to Die.

Two Men Wounded and One of Them
Likely to DE-
rather fine looking muatto. named Henry Hart
was shot yesterday at Portchester, under very De.
cular circumstances. by Michael Madden. who was
acting at the time special constable The shoot
ing done with a military rifle The ball entered
the left shoulder blade and came out above the
inner point of the left collar bone. where the neck
joins the trunk. The man will probably die.
From statements made by Civil Justice H. M Hem
derson of Porchester. it appears that the colored
people of that place gave donation party last Thurs
day night to their pastor. Yves. and Henry Hart
and Alexander and Jim Banks present ut the fes
tivities in Putnam Hall and determined to continue
the spree in the saloon of man named Shay
whose place is under the hall. Here they demanded
drinks either gratuitously credit, but Shay
would not be threatened persuaded out of his
liquor. The darkies then commenced o row
among themselves, which obliged the saloon
keeper the neighbors say, to pick up
butcher knife and threaten to cut them
into strips if they did not leave. Not rel
ishing shay's attitude. nor the CLEAN of the cold
STEEL they retired and crossed over to a saloon
owned by Frederick Bymuller. whose bar was served
by German called Puntx. Here the men. who were
partly armed with revolvers and razors in their
crazy rage for drink used all sorts of threats
and vile language to the barkeeper, whom
they said they would Finish" if he refused
the coveted liquor. woman in the house was so
alarmed that she sent word to Judge Henderson.
Pretty the barkeeper found means of getting
out Of the way and made formal complaint It
was getting in the morning and
at q quarter past nine o'clock Judge Henderson
received a visit from one Of the belligerent
negroes. Jim Banks. who said that they were going
to parade the streets, take possession of the mis
and stores and do pretty much they pleased. Jim
wanted to know what action had been taken against
him or his companions, and gave it to be under
stood, Judge Henderson said, that they were pre-
pared and would not submit to arrest. The Judge
advised them to go quietly home and no one would
interfere with them, put II they created disturb
ance they would be brought in "in their cofins IL
necessary.
THE NEGROES RESIST ARREST
The saloon Is small, one-story frame building.
on the east side Of Lower Main street, and Hart's
house. somewhat diapidated frame building just
the opposite side of the way, at elevation Of
several feet above the road, and with rising
ground to the rear. leading toward the outer
streets on the the west . OF the town The Justice
armed with muskets, revolvers' and razors on the
stoop of Hart's residence. The representatives Of
law and order demanded the surrender of the peace
breakers but the latter refused to be arrested and
Officer stillweli approached. preparatory to
ascending the stoop Jim Banks. Wes Hart and his
other companions threatened with fearful oaths to
shoot 1.-The first white-livered son Of a -" who
would dare to go nearer. The officers. who say
to yield to physical force and beat retreat,
reporting their failure to Judge Henderson.
That official took very energetic measures to
capture the riotous blacks. He telegraphed
to Sheriff Brundage who speedily sent over three
reached Portchester within hour having been
sent for. and thus town Of four thousand in
WAS tor tan tine time being relieved from sp
drunken negroes armed with revolvers and razors.
The reinforcing officers were Messrs. Barnes aud
Senter, OF White Plains, and Horn of Peekskill.
SWEARING IN SPECIAL CONsTABLEs.
Before the officers sent by sheriff Brundae-
reached Portchester. Judge Henderson had depu-
tized four citizens Of that place-Messrs. Madden,
Hess, Merritts and otherto act special local
officers 1t appears that the men thus called in to
act as special constables had been members of Com
pany / OF the Seventy-seventh Regiment Of the
State National Guard. just disbanded Madden.
who shot Hart, was q non commissioned officer
in the company, and known to be Of the best
marksmen III the regiment.
1t was now wearing on toward noon and the defers
of the law were yet uncaptured The special officers
armed themselves with Remington rifles and started
Judge Hendersons men that the blacks had eysuateJ
their commanding position on the stoop ofsIcnry
Harts house and taken to the fields behind it, in q
direction that would lead them out Pearl street
little to the south of the railroad station between
and the village. The armed constables followed the
street to the west ana of Harts house. crossed
bridge leading from William to Pearl street and
there sighted the flying men. The officers pursued
surrsndcr Oficers Maiden Hess and S,,i,'
well pretty close together. Aeck Banks
returned shout of defiance to the
summons. supplemented by some OF tho foul
used on Harts stoop and Hart, so the officers
say. turned round and fired the pursuers; but
negroes used their weapons. Judge Henderson
thought the parties were about hundred feet
apart when the firing took place. but there were other
citizens who claimed as long range as I6O yards for
their rihcmen.
SHOT THROUGH THE SHOULDER.
BE this as IL may they all agreed that Michael
Madden deliberately went down knee, in mill
tary fashion, and, having covered the mark fired his
piece and brought down his man. Henry Hart re-
ceived the bullet the shoulder turned to rum
citizen said of the bullet that 1t went right square
through him and daylight followed"
The officers claim that three shots were fred on
their side-two by Madden and one by Hess. The
latter officer does not claim that he made hit but
which he discharged took effect in Aleck Banks hand
The coored man continued to run, but after q few
tured Upon being asked he said that he was not
hurt. The brothers Banks got away, but wes Hart
captured.
HENRY HARr's CONDITION.
In small room. In charge of two officers Henry
Hart lay last night writhing under the torture Of
pain and the influence of morphine. lie is young
man of good proportions and smooth. regular fes-
lures yellow skin and slight mustache.
His His wife. wife wn,, we favored unhappy look. &
side, smoothing his rumpled pillow. Blood.
everywhere-on the bedclothes. the floor. In the
physicians who attended Hart say that he hardly
be expected to survive Judge Henderson informed
tnat the WOUNDED served seven years III the
State Prison for cutting with razor, and his brother
Wes has been three years in Sing Sing. twice in Al
bany prison and once in that OF Wethersheld, Conn.,
In the first instance he convicted for horse steal
ing. and the other twice for felonious assault o.
white woman
BnaerSo roR SOMETHING TO Rat.
Mr. Gaffney, who lives close by where the shooting
took place. said that In the middle Of the day. when
he was going home TO dinner, he met the blacks
the road. Three of them had guns aud another
an axe. They were all under the influence
of liquor. They asked him for something to
snIs 10 ont
and other things. Henry Hart said to Mrs. aafncy
II am soon going to die" They then went away
from the house and shortly afterward Mr.. aaffney
heard three shots discharged He thinks the negroes
did not shoot. The number OF shots he counted
agrees with that acknowledged to have been fred by
the officers.
officer Stillwell says that between three and four
o'clock In the morning. after the drunken party left
shay's saloon, they met man named Wetmorc. near
his house. and ordered him TO stand aud deliver.