New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-07-30
SUFFERING FOR HIS FRIEND.
IN PRISON, BUT PROBABLY NOT GUILTY.

n
ANOTHER HAD BEEN CONVICTED.
It is a rare thing to find friendship so strong
that it will induce one to submit without protest
to the awful charge Of murder, and to suffer pun
ishment by long Imprisonment when the ACCUSE
ton is false and the deed was done by another,
but the case Of John J. Mccarthy, who is now an
inmate Of Clinton prison, seems TO be an instance
OF such an attachment There Is strong evidence
10 indicate that he is suffering for crime that
he did not commit, and that he has maintained
long silence to protect his friend, the guilty per-
son.
On the night OF December 26 1881 Pssquale
Laverino, an Italian, murdered at the rear en-
trance of Police Headquarters in Mott-st, and his
brother Antonio and his cousin were dangerously
wounded. They had dispute with a man who
was passing and one Of them pushed him away.
The man hurried off and returned in few moments
with large knife. free fight followed. Several
other Italians and strangers got mixed up in It,
At the cry of Police" everybody ran, leaving
Pasquale dead and the two other Italians badly
injured Joseph Rocco, boy who saw. the fight
from a window, told Detectives Rutland and
Tesaro few moments after the fight that Pas
qualc was struck by Italian. The Italians who
were with Pasquale said that IL was not an
Italian, but n man who spoke English.
ARRESTED FOUR YEARS AFTER THE MURDER
There was no clew TO the murderer and IL long
remained known as the "Mottst. mystery In
spectOr Byrnes finally got some information con.
cerning the men who were engaged in the fight
and arrested John j Mccarthy. in June, 1888, four
years after the murder Mccarthy admitted that
he had been in the fight with the Italians but
would not admit that he cut LavarinO lie was
convicted OF manslaughter, and in November he
was sentenced to twelve and half years I'M
prisOnment. Mccarthy refused 10 go on the stand
at his trial strong point in his defence was
not brought out at the trial: Mccarthy dld all
"A
while the wound in Lavarino's heart was made
with small knife: Agnes Mccarthy. the p-is
3l3 East Fourteenth-st, recently, who, she had
heard. witnessed the murder, and obtained from
him statement that he saw John Lnby STAB
Lavarino while he was lying on cellar door.
Where Luby was no one knew. and McCarthy's
friends searched diligently for him; and recently
obtained information concerning him. Luby,
otherwise known as George ii. Davis. was thief.
HeNdied of consumption. in prison, IN December;
1885 It is now learned that on his deathbed
he made confession. in which he acknowledged
that he was the murderer Of Lavarlno.
MCCARTHY is READY TO TELL ALL NOW.
Mrs Mccarthy wrote to her husband and in.
formed him of Luby's death a short time ago.
The following letter received by her in reply:
Clinton Prison. Dannemora. N Y
Dear Agnes: 1 received your kind and welcome letter
and was glad hear thai and Mabel are well. I
very sorry hear Of Johnny Lubys death. but am
glad to that he made confession admitting that
It he who killed the Italian. You will think IL
strange but the truth is that 1 knew 10 was he who
killed Italian since the night that unfortunate
AFFAIR happened but lips sealed because it was
my and that he got into the hsht.
lie all the Italians beating and he Jumped In 70
help me. and the I,al.an who was killed attacked him
lie him four five times and Luby caught
his and believe that he took the knife out OF his
hand and stabbed him You remember that trial
the little Italian boy Rocco that he was looking
Of the window. and that he Italian lying on
the dead When Luby stabbed Layarino the latter
faIIo I Tthv
and that was the Luby and him
be italian. 1 twelve or fifteen feet away as
the time and Luty called get OF the way.
that the police were coming ran toward Houston-st
Now that Luby is dead and they cannot iniure
II the witnesses would only tell the truth about the
renee would LIT load Of disgrace OF you and my
child and my mother and sisters.
1 remember that you all thought it was strange that
did not take the witness stand in behalf bus
the is that afraid that crossexamnaton
Luby's would leak out and 1 did wish
pcate him, as it would not do any good, every
thing pointed the who committed the deed
That Is why his brought up at my trial.
very glad that the truth has last, for
and my childs sake think It will relieve your
mind to know that am not murderer. l know that
have done wrong in keeping this myself long and
letting you and my child bear the disgrace, but could
not do otherwise everything against me-
hope you will forgive Ny love to you and Mabel
and brothers sisters and your mother. Hoping that
you are all well and that will hear you soon,
remain. your poor but unfortunate husband
JOHN ]. MCCARTHY.
Cell No. 50. ID Company.
The attention of the Detective Bureau at Polcs
Headquarters has been called to McCarthy's case,
and Inspector Byrnes has the matter under con-
sderatlon. What action will be taken by the
police is not known. Mrs. Mccarthy has engaged
a lawyer who il collecting evidence in the
case. and petition will be presented 10
Governor Hill, asking for McCarthy's pardon