The Jersey City news., 1891-09-16
DONAHUE'S TRIAL.
Contradictory Evidence as
to Flynn'S Death.
NO DOUBT ABOUT THE FIGHT.
Or That Deceased Was Hit in the
Head With a Half Brick
What the Prisoner
Says.
NO DOUBT ABOUT THE FIGHT.

The trial OF Thomas Domaine for caus-
ing the death of Thomas Flynn began
this morning in the Court of General
Sessions before Judges Lippincott and
Paxton and the following jury:-Peter J.
Cannon, foreman; William A. Buckley,
Solomon Weinthal. Richard Mullen,
Louis Stoke, Gerhardt Haven. John E.
Stoke. Franz Dehart, Owen Brady, John
F. McDermott, John Hoffman and Louis
Peevers.
Donohue, who is nineteen years old,
was indicted for manslaughter by
the April Term of Court, caused
by the following statement of facts:-A
gang of hoodlums. among whom were
Donahue and Flynn, congregated in
front of No. 12l Ninth street on the night
of Decoration Day, and were working
the growler." Either Flynn asked Dono-
hue for five cents to fill the growler, or
Donohue asked Flynn for that
Police Justice was not clear
on this point. The money was refused
and fight followed in which Flynn re-
ceived "a blow from half brick. When
Flynn fell the blood was washed off
his face and at his request he was taken
He remained there that night and Sun
day morning.
One of the gang furnished him with a
can of tea sunday night Flynn went
home. and Friday he died. The post NOR
tenn examination showed that the skull
had been fractured.
THE EVIDENCE TODAY.
Michael Mccarthy of No. 121 Ninth
street testified today that FLYNN asked
Donahue for five cents to get beer with,
aud DOnahue said he did not have it,
Flynn then knocked Donabue down aud
walked across the street. Donahue fol-
lowed, and made motion as il throw
ing something at Flynn and
Flynn fell down, Witness picked him
up and seated him on some railroad ties
and procured a pail of water ana washed
the blood from Flynn's face That was
the last time he saw Flynn.
Thomas Finney, of No. 12l Ninth street,
testified that at about eleven O'Clock thai
night he saw the gang in front of his
house. He stood there three or four
minutes talking to the fellows when he
saw Flynn approach. Donahue threw
something and Flynn fell. He saw no
fighting before tnat time. When Flynn
fell Finney went In the house.
His evidence IN Court differed materf-
ally from that which he gave at the
Coroner's inquest, where he testified that
Donahuea waited until Flynn got within
| elght feeJ or MIN ana then ne took some
thing from his pocket and fred it at
| Flynn"
Jonn Gallagher of No. 143 Ninth street
| testified tnat he did not see the trouble,
but his attention was attracted to the
gang by cry.
~ walked up to where Flynn was ly-
| ing,n said witness, "and asked him what
the trouble had beer. He replied, 'Dona-
hue hit me with brick 1 turned to
Donahue aud said, Dummy, what did you
do that for and he said, John, he hit
me and l came pretty near getting
right"
POLICE EVIDENCE.
Captain Kelly and two policemen ar
| rested Donohue. At the station house
Donahue told Captain Kelly and Detec-
tive Clark that he had struck Flynn with
brick.
| DR.. Converse testified he found frac-
| ture of the skull, which caused death.
This concluded the case for the State.
Counsellor DENIM SAID he had two
| witnesses, but they were away on
cattle ship. In consequence the
| only evidence he could produce
was the statement of Donahue,
| Donahue's evidence was that he did not
strike flynn at all, but that Fiynn's in-
| juries were received by fall when he
was running. Cross examined. Donahue
admitted he had served three months in
4 the Penitentary for petit larceny.