Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-08-01
A WIFES DEVOTION.
MRS. MCCARTHY cLEAHs Up A MURDER
Mystery AND ESTABLISHES HEB
HUSBANDS INNOCENCE.
The Killing Of Pasquale Lavarino--seeret OF
Convict Who Risked His Life to
Shield q Friend.
tIieraidl

1 G0YerDOr HiU some tlf1e since, afOunk hlsD
nan ed John J. McCarthy,'at present serving
long term for manslaughfer In Clinton
| prison at Dannemora, n. Y, through newly
discovered evidence appears 10 be innocent
az the crime Of which jury declared him
guilty. TIE attention OF the Centfal-Ofllce
| officials has been called 70 the unexpected
Developments ia McCartby's case, aud steps
| have already been tskcu 10 collect ell The
facts. The prisoners faithful wife - doing
ali Ia her power 10 clear her husband OF the
| terrible stain OF murder, and mainly through
her efforts at this late date the truth concern.
ing the killing Of Pssquale Layarino
on December 20, 1881, has been brought to
light.
Itisa singular story. yet every new piece OF
evidence unearthed dOye-talls together ana
becomes almost conclusive proof OF the con-
vets innocence.
TO SAVE HIS FRIEND.
Still, when charged with the murder less
than three yearH ago, Mccarthy virtually
confessed that he had dealt the fatal thrust.
II now appears, however, that the accused
faced an Indictment for murder In the first
degree and risked bis life rather than betray
friend OF bis who was the guilty person.
There was another point, too, which made
the friendship between the prisoner ond the
assassin still stronger. The killing was done
10 McCarthY's defence, and bad not the slay-
er Of Laynrino on bis death-bed admitted
that Mccarthy had been uniustiy convicted
OF the assassination the convict at Dame
mora would in all probability have kept the
secret TO himself.
The assassination OF Pasqusle Lavnrino was
mysterious affair. II took place on the
| sidewalk 10 front Of the "barracks " IN Mott
street, in the rear Of police headquarters. and
I .NgA to a.afN
| brother Antonio and COUSIN, also named
| Pasquaic Layarino, were also stabbed and
/ seriously wounded. IL was supposed that
| the tragedy was the result Of feud among
the Italians living In Mott street. Antonio
| Lavarino and his cousin Pasquale Layaribo
/ when questioned maintained that the stab
\ bling had been done by an Engltsb.speaking
man. They said that they were stand
! ing about lamp post listening
| to the reading OF q letter which the murdered
man, who had only been three days in the
| city, had brought with him from Italy, when
1 a sturdilv built young man. under the in.
| fuence OF liquor, t0stled against them and
\ went on. Soon after the stranger returned,
armed with big knife, and began stabbing
| right and left. This story was contradicted,
however, by q young Italian boot6ack
named Joseph Rocco. lie SAID that no saw
two Italians fighting on cellar flap at the
| time OF the killing Of Pasquale Layarino, and
| that one OF the men used what 10 him seemed
20 he pair OF scissors. The fatal wound
/ was a small one.
-FOUR YEARS MYSTERY.
The murder remained mystery until Sep
tember 10, 1885, when Detectives Rutland and
Haley arrested John j. Mccarthy and
charged hun with killing Lavarino. Nc
Carthy, while under the influence Of liquor,
told o companion that he knew the secret Of
the killing OF the Itai1n, and his cOufidant
betrayed him 10 the police. When brought
before Inspector Bynes the accused made
what then seemed 10 be full confession Of
the crime. Mccarthy said that be bad bad
fight with the Italians, and beng
wOrsted ran down to Fauning's gro
Gerry, on Mott street below Houston
street, and thirsting for revenge picked up
large cheese-kuiie, returned, and tackled his
agsaisnts. AS TO what took place afterward
the prisoner said: al iabbed the knife deep
into the stomach Of the man who struck me,
and then fought my way through the crowd,
cutting any one who attempted 10 STOP NE"
Two young men named Lane and OCounor,
who were also arrested, made affidavit that
they saw Mccarthy slashing at the Italians
with the cheese-kniic. This evidence APP
Mccarthy wac indicted for murder In the
first degree and stood trial. His lawyer adj
mitted the cutting, and set up simply the
plea Of selt.defebce There was no attempt
made TO bring out the fact that the wound
that had caused Lavarino's delth could not
possibly he made by the brohd-bladed cheese
knife. Perhaps more through sympathy
than ANYTHING else, the Jury found hcCsrtny
guilty Of manslaughter in the fret degree,
snd the prisoner was sentenced to twelve
years and six months imprisonment.
Mccarthy donned the striped suit Of
convict at Clinton prisonIn November, 1885,
and about the same time John Luby 0iidS
George ii. Davis was dying from cOnsump-
ton In the hospital OF Auburn prison. Luby
was first sent TO prison on February 6. 1873,
and was discharged on September -. 1881.
lie WIS arrested a year or two later, but on
bis promise TO reform sentence was sus-
pended. Detectiye-sergeant McClOskey,
however, arrested him again in January,
1883. for the larceny OF some sealskin gloves
from a stofs in Bond street near the BOwerY.
Luby on tie latter occasion gave the name
OF George II. Davis, but his identity was
discovered, aud he was brought up on the
suspended judgment, sentenced, and shipped
January IS, 1853, to Sing Sing prison. lie
was an uuruly convict, and being Chased as
a dangerous prisoner, Luby was drafted to
Auburn prison on May II, 1885.
A CONvCT's CONFESSION.
Shortly before bis death Luby confessed to
a fellow.convict that it was he who had stab
bed LsyarinO to death. His Story was that
he was Standing alongside the police central
Office when Mccarthy first became involved
IN the fight. When Mccarthy returned with
the cheese knife Luby said be crossed the
street and caught one OF the Italians with a
jack-knlfe In his hand about 10 cut NcCar-
thy. He grapplcd with the msu and they
fell on The cellar-1ap. Luby, according to
his version Of the affair. dsarmed LavarinO.
and to save himself was compelled 10 stab
the Italian. Mccarthy, the dying man de-
clared, never cut the Italian at all.
Frank Barrett, who died recently at No.
3l3 east Fourteenth street, was also wit
ness TO the murder. thas now leaked ont that
before breathing hls last Barrett told two
friends OF his the true story OF the killing. IL
was similar 10 the statement made by the
convict Luby before bis death. In addition
TO this now comes that portion OF the case
which Mccarthy never breaibed at the time |
of bis arrest for the murder. He simply told |
the part he had taken in the cutting. but in |
response TO a letter from his wife informing |
him OF Luby's death and confession, Me- /
earthly has at last concluded 10 divulge his |
secret. II is contained In the following re- |
spouse 10 his wife:
M'CARInY's ETTER.
"CLIHTON PRIsoN, DANNENoBA, n. Y.
"Dear Agnes,--l received your kind and |
welcome letter and was glad 10 hear that you /
and Mabel are well. was very sorry 10 hear
OF Johnnie Luby's death, bat l am very glad |
20 learn that he made a full confession ad.
hitting that IT was he who killed the Italian.
You will think 1t strange, but the truth is
that knew 1t was he who had killed the
Italian ever since the night that the unfortu-
nate affair happeaed, but my lips were sealed
because II was on my account and 10 save
me that he got into the fight. He saw all the
Italians beating me and be jumped in 10
help me, and the Italian who was killed at
tackled him. He struck al him four or I've
times and Luby caughthls arm aud / believe
that be took the knife out OF bis hand and
stabbed him.
"You remember that on my trial the little
Italian boy Rocco swore that he was looking
out OF the window and that he saw an
Italian man lying on The dead one. When
Luby stabbed Layarino the latter fell on the
celar-door, and / saw Luby leaning over