The evening world., 1894-07-04
VICTIM OF A CONSPIRACY q
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 assaultlng Patrick J. McArdle in
the sensational shooting episode in Judge
Bischoff'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 TO- Is last night. with a YER
dict of acQuittal.
Michael Donnelly walked out OF court
free man. exonerated from all guilt,
while one OF his witnesses. Lawyer and
ex-Assemblyman Myer ]. Stein, was
constructively prisoner, charged with
perjury committed to save Donnelly from
imprisonment
As related in 1.-The Evening World"
Mr.. Stein was crested in the Court
House late yesterday afternoon, and gave
bail In 5000, his brother-in-law, Louis
korn; an architect Of the Cable Build
The testimony brought out by c.. w.
Brooke from witnesses on both
sides les on on the trial of .nd Don Dc
Betty h hm and fft sse McAaes ae
arrested April "a, pistol in hand. and
offered no resistance. no explanation, no
excuse. That night he claimed he had
Dttn WOuHltu Ill tie DdCk Ills arm,
and showed an abrasion to reporters.
His lawyer in police court was Fred b.
House. His plea was self-detense. In
his trial Lawyer Wales f. Severance,
Donnelly's nephew Thompson and Myer
J. Stein all testified that the first shot
was fired, not by .Donne.ly. but by some
one behind him. Severance testified that
lie saw old man McAIdle hold a revolver
the ceiling. Another witness picked up
n bullet from the floor and 1t had plaster
on 1t.
of some unknown person in the scrim-
mage and had kept it in his safe ever
since.
Old McArdle again denied that he had
a pistol April a. and then 1t was
proven by Smith & NELSON'S shipping
clerk that the pistol which Stein said
he wrenched from some one during the
ARRAY did not leave the factory till
June i6, seven weeks after the ARRAY.
Then 1t was that Stein was charged
with perjury. He came in from Long
arrested. But the, jury stiil felt that
there was reasonable doubt as to who
fired the shot. gave Donnelly the benefit
of that doubt, and acquitted him.
ton. The Donnelly. Jury has by impli-
cation acquitted him, but he will be
tried by another jury.
In the mean time he is in much agita-
ton. He made a good record as an
Assemblyman for three terms, was a
reporter before he became 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 n sort discreditable to the in
telligence of the man.
He stoutly insists that his original
story is correct. He insists that he
took a pistol away from some one In
the scrimmage, and that he believes
Smith e. Wesson safety revolver, s.
calibre, No. S0,7sl is the same pistol.
Backing this up is the statement Of at
least score Of men that Stein either
told them about that pistol or showed II
to them for. twenty-four hours to a
month after the melee. Among these are
the business manager, city editor and
several reporters of a newspaper whose
Office Is in the same building with that
Of Stein.
Lawyer Fred House says Stein con-
ferred with him about the pistol when
Donnelly was before the police magls-
| trate.
If the pistol so,7s is not that pistol
who made the change?
Mr.. Stein has four or five attaches In
| his office. The defendant. Donnelly
claimed that there was conspiracy OF
the McArdles. Freedman, and others to
| iniure him financially and bodily. There
room for party of peaceable American
citizens If there was a conspiracy, did
! II extend to an exchange OF pistols with
Stein, without STEMS knowledge? And
If there was an exchange, who d. II
| and what for?