New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-10-16
MCNAMARA ON TRIAL.
4 POLICEMAN CHARGED WITH MURDER.
THE STORY OF THE FATAL ASSAULT ON JOHN
SMITH TOLD IN COURT.


Nonrice Mcnamara. the policeman who Is accused
of Causing the death of John Smith by severe
hIow with his club placed on trial before Judge
Gldersleeve Yesterday in the Court OF General Ses-
sions Mcnamara is tall and heavy, with square
features and stoid expression lie llstehSu, uL
cOncernedly to the testimony against hlln CoiOhcl
g. s Spencer and Mr.. Costello were his counsel -,
Tho alleged assault occurred according 10 I le
opening statement OF Assistant 10
Fellows. while the deceased man was ID inc CusIo,y
of the officer but was making no active resistance 10
the arrest. Smith was arrested for mtOXicaIioh on
the evening of August 20; lie was gong M3n99
with the officer when he did some act that excited
the policemans rage and the latter heTeupon StuCk
him so severe blow on the BACK OF the hcaG' az
the base of the brain. as to cause ms aeaJn' Al
oficero continued the prosecutor, has the rlght
10 use force if his prisoner TeSlsts, buI only JIsC
enough force to overcome that feSstnco Of
pity rather than of fear; he was unarmed ana was
in no way dangerous"
DR. William A. Conway, a deputy coroner was
called TO prove the cause of Smiths death. lie sad
that he made an autopsy on the body on August 90.
lie discovered fracture of the occlpItal bone at
file base of the brain. There was also q scalp
wound an inch above the fracture. The fracture
had caused hemOThage which resulted IN dealh'
The fracture, the witness said, was caused 10y eA-
tprnal violence on the back Of the head Inc asso-
catc counsel for the defence examined Dr. conway
at great length. saying that the defence WouiH en-
dcavor to prove that the fracture was G t5ot bS
fall on the curbstone. The witness sald thaJ tlf
fracture was in the thickest part OF the OoILcs W
The skull and that the skull bones oil SmlII WY
more than ordinarily thick There was NO have
developed into a black and blue spot; violent
blow from policemans club might nave c"uSou
such a fracture without breaking thG SKIN. ~
Bridget Carney of No. 12l Mulberry-St, saw
Smith living on the front steps OF that mouse pc
tween 7 and o'clock on the evening of August ~
She testified that She called Mcnamara, who was
ON the opposite side of the street. He assisted
Smith TO rise as the witness went upstairs ..
When the witness stepped away from the witness
stand tbe counsel for the defence made some re-
marks among themselves intlmatlng thar the teStl-
mony was not of much value. Colonel ftloNs
overheard the remarks and made vigorous protest
against what he called attempts to influence inc
iurv" Colonel Spencer replied as vigorously ana
EXPRESSED his determination not to bc ridden over
Jndge IIiIdersIeeye attempted to quiet the two law
yprS who kept ND a WOTdy conflict Tor tllne. II
turned out that the jury had not heard Inc remarks
and the two colonies after glazing AT each other SAT
Mary Thompson and Hannah Sullivan. age re;
spectively fourteen and thirteen, living az No. II!
Mulberry-st., saw Mcnamara 90 across the suHt,
and attempt to arouse Smith. who was lying on the
doorstep. He struck the man with ms Giup, IIcS
said first on the soes of tho feet and then on M
legs. The blows did not seem violent, and smith
who was apparently much intoxicated, was Only
aroused sufficiently TO sit up and make an lhuccYlI
remark to the policeman. The latter ISsp0hutto
with n slap with his hand on the check or the
drunken man. He then assisted the man 20 rise allu
went with him down MulberIy-st. toward CaIai-St
Hannah Sullivan, going along the street a IIiLG III
front of the officer heard noise that SOuhuc4 my
a blow and turning Mcnamara Mung SHutL
and dragging him toward the railing. lie seated
vas Standing near. smith did not move but leaned
over with his head hanging forward III eIclchel
James Murphy. the next witness, was seated IL
front of his boardingpace at Mulberry and CanaI
sts when he saw McNamaTa and his prisoner CON
ing down the street. The policeman haG Jht
drunken man in front Of him and was "prOddlug
hun with his club. An Italian was also coming
down the street, and he passed the other TWO me-
Smith threw a coat at him and turned about IhI
policeman brought his club down twice on me b3cf
of Smiths head, and then Murphy saw the MAJ
throw his arms above his head and fall heavily PACK
ward on the sidewalk. Murphy and two men wIt
were with him rushed up 10 the place Wheie the
policeman was stavding &Hq saw mn, r, nv T' HAY
strike Won hard" The man was apparently dead
He was dragged to the railing and lay there I'LL as
Did You see Smith at any time resist The
officer p asked the counsel.
No. sir said the witness. ,
On crOSs-eXaminatiOn the witness SAID that inc
deceased man turned toward the officer as he thTe"
the coat. He was near enough to strike, put mad'
no demonstration against the Policeman a.;,
Francis Thompson. who also saw the assault, sai'
that as Smith threw the coat he turned apparently
by the force Of the throw and faced toward tht
officer. lie staggered forward with ms mead TOWARD
tEc officers breast Mcnamara SAID: go on
Smith was apparently turning 70 obey Whoh ui'
nocrman struck him on the back Of the neck
frank Icsbv, who was sitting with James Murphy
when the assault took place, cOIIoborated tAi
testimony. -. -. go. = =.
Court, came to the assistance OF IUhcclhha.l
Mcnamara and helped raise Smith and lay hln
against the railing. Mcnamara SAID that Smllh nae
fallen against him and had then fallen to the
ground and was injured The witness was asked
the size and weight of the clubs carried BY th'
police officers. The night club with which Mona
ara struck Smith was about thirty-two inches long
and was made of locust wood 50 that 1t would give
loud sound when struck Oh the pavement IL wa
about one and a half inches in diameter ,
at is dangerous weapon, is il not, IN the hand
of strong man 4" asked the counsel.
II might be-"
So might a rifle be in your hands" said Colono
Spencer to the prosecuting officer, with whom IL
had again got into dispute. ,
the fierce Southcmer, who is rather shorter al,
stouter than the cx-cOlonel of militia.
Police Captain jeremiah Petty, of the Elizabeth
ST station testified that when Smith was brough
to the station he the captain felt two slight beat
of the heart. Mcnamara said that he had pnshc
the man against the railing and he had fallen an
hurt himself. He testified that the Mulberry-st
beat was an extremely dangerous one.
The trial was adjourned till to-day, when test
mOny for the defence will be gwen.
ON A