The evening world., 1894-07-04
VICTIM OF A CONSPIRACY :?
Lawyer Stein Insists that He Told
the Unvarnished Truth
But He Must Stand Trial, While
Donnelly Is Acquitted.

The trial Of Michael Donnelly, charged
with assaulting Patrick j. McArdle in
the sensational shooting episode in Judge
Blschoff's Court Of Common Pleas, April
"a, ended by adding another sensation to
the series that had featured the trial
all the way through.
After celebrating four hours the jury
came In at l0.1J last night. with a YER
dict OF acauittal.
Michael Donnelly walked out Of court
n free man. exonerated from all guilt,
while one Of his witnesses, Lawyer and
ex-Assemblyman Myer ]. Stein was
constructiveiy prisoner, charged with
perjury committed to save Donnelly from
imprisonment.
As related in THE Evening World"
Mr.. Stein was ..rrested in the Court
House late yesterday afternoon. and gave
ball In $1,000, his brother-in-.uw, Louis
Ikorn, an architect Of the Gable .ao Build ID
coming his bondsman.
The testimony brought out by c.. w
Brooke from witnesses on 18th
side les S Sn the 1svs,e trial OF vendetta R3n
between him and the McAriles. He was
arrested April "a. pistol In hand. and
offered no resistance, no explanation, no
excuse. That night he claimed he had
and showed an abrasion to reporters.
His lawyer in police court was Fred b.
House. His plea was self-dctense. In
his trial Lawyer Wales T. Severance,
Donnellys nephew Thompson and Myer
j. stein all testified that the first shot
was fired. not by Donne.ly. but by some
one behind him. .Sevcranc. testified that
he saw old man McArdle hold a revolver
over his head and fire, tn, bullet striking
the ceiling. Another witness picked UP
u bullet from the floor and 1t had plaster
Then Stein produced pistol which he
said he had wrenched from the hand
of some unknown person In the sc-im-
mage and had kept it in his safe ever
since.
Old McArdle again denied that he had
a pistol April "a, and then 4 was
proven by Smith & NELSON'S sh piping
clerk that the pistol which Stein said
June It, seven weeks after the ARRAY.
Then 1t was that Stein was charged
with perjury. He came In from Long
Branch. to reterate his story and was
arrested. But the jury still felt that
there was reasonable doubt as TO who
fired the shot gave Donne!iy The beneht
This puts Stein IN an anomalous posi-
ton. The Donnelly jury has by impi-
cation acquitted him. but he will be
tried by another jury.
In the mean time he is in much aglta-
ton. He made a good record as an
Assemblyman for three terms, was u
reporter before he became a lawyer.
| and Is married to a beautiful young
woman. whose family Is wealthy. There
| seems to have been no motive for per-
| jury on his part. and If this Is perjury
| 1t is of sort discreditable to the in
| telligence Of the man.
He stoutly Insists that his original
story is correct. He insists that he
took pistol away from some one in
the scrimmage. and that he believes
Smith & Wesson safety revolver, 49,
calibre. No. s07S1 Is the same pistol
| desnite the record OF the factory
| Backing this up Is the statement OF a
| least a score of men that Stein eithe1
| told them about that pistol or showed !
| to them for twenty-four hours to
month after the melee. Among these arr
| the business manager, city editor anC
! several reporters of a newspaper who's
| Office Is In the same building with tina
Of Stein.
Lawyer Fred House says Stein con
ferred with him about the pistol whei
Donnelly was before the police magis
trate.
II the pistol so.7s1 is not that pistol
who made the change?
Mr.. Stein has four or five attaches II
his office. The defendant Donnelly
claimed that there was IA conspiracy o
the McArdles, Freedman and others t.
injure him financially and bodily. Their
were good many pistols in that court
room for a party of peaceable American
citizens II there was a conspiracy, di,
II extend to an exchange of pistols Will
Stein. without Steir's knowledge? An,
II there was an exchange. who d.
and what for?