The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-07-02
DONNElLYS STORY.
He Says He Was Always in Fear
of the McArdles.
Was Shot At, He Declares, Before
He Fired in Court.
Lawyer stein Also Says Donnelly Did
Not Shoot First.

The resumption Of the trial OF Michael
Donnelly for assault upon Patrick Me-
A-dls was delayed to-day, in Part I. oil
the Court OF General Sessions. by the
business Of swearing in the July Grand
Jury and several pleadinys.
&. W. Brooke, counsel for Donnelly
said he had three or four witnesses be-
sides Donnelly, himself, who was on the
stand when an adjournment was taken
Friday.
BY these witnesses Mr. Brooke ex-
pected to prove the presence of another
pistol In the hands of one of McArdle's
friends, and to clinch the proof that the
first shot was fired. not by Donnelly,
but by one Of the McArdle party.
Mr.. Brooke withdrew Donnelly to call
Richard I. Green to the witness stand.
Mr.. Green 10 lawyer He entered the
Common Pleas courtroom. where Judge
Blschon presided, minute after the
shooting. He picked up one bullet from
the floor directly under hole In the CELL
ing close to the chandelier presumably
a bullet hole. There was plaster on the
bullet.
David A. Wilson. clerk Of the Delevan
House. Albany. went next to the stand.
He found by the register that Donnelly
was guest at the hotel In September,
1893, and remembered that Donneliy
asked for a room different from the one
on the book. because he was In fear of
men who were said to be lying in wait
for him. He left instructions at the
office that any one who called for him
was to be told that he had left town.
Ex-Assemblyman Meyer Stein was the
Stein is also . lawyer at as Park ROW.
at-pocket. and he testified that he was
in the Common Pleas courtroom during
the shooting. and that he wrested the
lie VAS not esrts s w sR t was one
Of the McArdles. father and son. or
Friedman, The private secretary r,,I - .,o
long tssle Iaeins Lawyer sS ' severan ne"
and facing towards the east" said MIR.
Il heard q shot. 1t came from behind
Donnelly and Severance-from the north
or Chambers street side of the room"
The McArdles. father and son, and
friedman were on that side.
'Donnelly and Mr.. Severance jumped
up and faced about towards Chambers
street. Donneliy had a revolver, liver In his
There was an old gentleman Il after
wards learned that 1t was old man Nc
Ardle. Patrick McArdlel In the middle
Then there were two pistol shots. one
old man McArdie's. McArdle held his re-
SThen some person held revolver
around me from behind and pointed
Il grabbed that, there was scuffle
and 1 got 1t away from him. will
not b. sure whether. 1t was stephen
Stein produced this weapon. 1t. was
just like Donnelly's. a 3S-calibre Smith
& Wesson revolver.
turned. l saw old man McArdle sprawl
ing on the floor and near him a re-
Nyolver and watch" continued MIR.
Stein, II don't know what became of
them"
Prosecutor Weeks cross-examined
Mr. Stein. who said he heard four. per-
MIR. Weeks struggled with Stein to get
him to determine Mt lust what In
slant he first saw Donnellys revolver
shooting indicated that only four-hfths
Of second elapsed while three shots
nav that me after 1ns the rs srs shot Ren
around. pulled his pistol and facing Nc
Ardle, sr., fired almost simultaneously
An attendant pinioned Mr.. weekss
Stein. and Stein stood with his left
fHns nS to ssew sSUS he whe
that mysterious third pistol-hand ap-
peared from STEMS right, passed n
front of him and held the n coid "a, m Siare
grabbed 1t and Its owner disappeared.
Stein described II all graphically put
could not tell how he could be sure that
As this pistol is, still full of bullets.
and Donnelly is charged with shooting
N ha al tDlt Ia
nelly's pistol. especially as another
weapon with two exploded cartridges
vas taken from Donnelly ten seconds
The Eestimony OF Stein was mistaken
by rigid .cross-examination, although
Ike most lawyers Mr.. Stein made
Henry L, joyce. manager of the Man, Man
Sshy hghWternss ana NaygaTtsn com an
ths good character Of Donnelly.
Clerk Clifford Boese. of the equity
art Of the Court Of Common Pleas,
and heard four shots lie was sure there
Mere Mere , four and and under the impression
: Mr.. Brooke read a certificate from the
Police Department that Donneliy had
mad an annual permit to carry a re-
Then Donneiiy took the stand He Is
square built man of forty-hve years,
eexcitable and voluble. He has been IN
since 1887. He ana Patrick McArdle
were partners at one time and Stephen
MMcArdle was employed by the tirm.
The partners -quarrelled and there has
been constant litigation for three years.
Donnelly claiming that In the dissolu-
OF 1t SIS 900 worth
.,Donnelly testified that In the course of
WIS litigation. In April, 1892. Donnelly
anu his lawyer attempted to serve legal
papers on McArdle at the shop. and
y1Ghs Stephen McArdle drove them of
ven men. drove me out Of my yard with
pickaxe, and / had to, jump on
"as v.' e. save M life saii he.
disputed property.
uMer, Donneily stepped down again.
eh. ,Miam J Pollock. q manufacturing
"hfhys pssceable CHARACTER.