The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-06-29
Lawyer Severance Swears His
Client Could Not Have
Fired the First Shot
MARBLE HAD THREATENED HIM.
Sensational Testimony Brought Out
by Lawyer Chas. W. Brooke
for the Defense.


Brooke In opening the case for the de-
before Judge MARITIME In Part /. Of the
Court OF General Sessions aroused sum-
cient interest to draw a crowd to the
scene OF trial this morning.
Mr.. Brooke named several reputable
men by whom he promised 10 prove tina
the first shot fred In the courtroom OF
the Court Of Common Pleas April "a
was from the pistol Of Patrick McArdle:
that Michael Donneily was wounded by
that shot. and that he only Aired In self
defense, while the younger McArdle,
Stephen, fired the fourth shot, aiming at
Donnelly. Donnelly's shots taking effect
high up on the wall
II this is so, people say. why was
Donnelly arrested and placed on trial?
For none Of the witnesses for the prose-
cution have testified positively as to
who fred the first shot. They all heard
the hrst shot" turned towards the
souFcs OF the reports and saw Dom
nelly, pistol In hand. and apparently
aiming at Patrick McArdle as he slid
under a table. One witness testified that
there we're pistol shots over the jury
box. which was behind Donneliy II he
had stood facing the McArdies.
Interest in the trial was largely In
creased by Mr.. Brooke's promises, and
Judge MARITIME had an unusually Large
morning.
julius Elson, President OF the Inter-
Island Construction Company. with an
once at 45 Broadway, was the first wit
ness Of the day. He recollected seeing
Donnelly and Patrick McArdls in the
court room Of Judge Bisehon on the
9r Hs ts. The
men exchanged glowering chances.
Donnelly appeared to be frightered,"
said the witness. As they left the
seemed to bo afraid OF McArdle. / was
subpoenaed ass witness In that case by
ponn eH II in his It'll cations with ratrick
Nc Ardle, testified that he visited the
ONCE Of McArdle to serve an Injunction
on McArdie; that McArdls drove him
Mr. Brooke asked several questions
acts done by Stephen MCBRIDE to De-
PENDANT Michael Donnslly on the ocea.
Illustration OF the conspiracy between
Stephen and his father against DON
nelly, which 10 part Of the defense in
this trial. but Judge MARITIME ruled them
James Biglan.. who worked as a la
borer for Patrick McArdle at one time,
was called to prove that two other en-
employed them TO wayiay Donnelly and
injure him. This was communicated to
Donnelly, and It was In consequence of
armed arms himsei and !, was ' these threais
In his mind that governed his conduct
April "a. in the Common Pleas Court
Assistant District-Attorney Weeks OBJ
1ected. but after long argument the
testimony was excluded
William r. Severance. formerly law
partner Of CONGRESSMAN Bourke Cock
ran, came next He was In the court
room OF the Common Pleas as counsel
to Michael Donnelly when the shooting
occurred. Judge Bischoif had Just de-
cldsnt to the litigation between Donnelly
and McArdle and the lawyer was pack
Ing up his books and papers preparatory
to leaving the court when the shooting
Mr.. severance's version OF the AFFAIR
Is as follows:
,o "D Sa Nc Mcclure was leading counsel
ferred to April q! An the parties were
man, Mr., ,McArdie's secretary.
South. Donneliy sat beside me, facing
South. Stephen McArdie and Friedmaf,
were on the north side OF the court
iooIIl' iutlHB toWdrus fatrlck Nc
Ardle was near the Judges rail on tn
east side of the room. but north OF us.
was under the impression that Mr.
Donnelly was waiting for an opportu-
nifty to speak to me.
while we were sitting in this position
] heard pistol shot from somewhere
behind us ] know Donnelly did not
could not have fired 1t. ] whirled around
and / saw Donnelly and Patrick j. Me-
Ardle standing up and facing each other
Each aimed pist ol at the other. and
at the same instant both pistols went
of. Some one seized McA rdle's arm, 80
his pistol fired high over our heads.
Then | saw McArdle fall. or he was
showed. under the table. and afterwards
the table was upside down. l jumped
on Donnelly's back.
Il have a distinct recollection OF see
Ing some one. ! don't know who, thrust
pistol again Donnelly's stomach
"Then / did the Russell Sage act,
got around as much behind Donnelly
as ! could. i made him my Laidlaw,
for ] realized my own danger.
Then I saw McArdie escape from the
room. ] hung on to Donnelly and Po-
liceman. Meouade came and placed
him under arrest"
"Did you see Patrick McArdle crouch
down under the table as he dsseribes!"
asked Mr.. Brooke.
under thr table Hs I ssl b. Gas R nishsi
plated pistol In his hand.
While ! was on ponpeily's back and