The evening world., 1894-07-02
OONNElLy'S 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 Nc
Ardle was delayed to-day, in Part 1. of
the Court OF General Sessions. by the
business OF swearing in the July Grand
Jury and several pleadings.
c. w. Brooke. counsel for Donneliy.
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 presepce 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 Donneliy to call
Richard \. Green to the witness STAND.
Mr.. Green is a lawyer. He entered the
Common Pleas courtroom. where Judge
Bischofr presided, a minute after the
shooting. He picked up one bullet from
the floor directly under hole in the CELL
ing close to the chandelier. presumably
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 Donnelly
asked for 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 il also a lawyer at 81 Park Row.
He went to court with a revolver In his
coat-pocket. and he testified that he was
In the Common Pleas courtroom during
revolver from one OF the McArdie party.
Be was not certain whether II was one
u WAS sitting on the south side OF the
long table facing Lawyer Severance
and Michael Donnelly, who sat opposite.
II heard n shot. 1t came from behind
Donnely and Severance-from the north
or Chambers street side of the ROOM"
The McArdles. father and son. and
Freedman were on that side.
''Donnelly and Mr.. Severance jumped
hand, and Severance grabbed him.
There was an old gentleman q after
wards lsarned that !, , was old man ,G MG
OF the room with revolver liver. IN his. his hand;
Then there were two pistol shots, one
from Donnelly's revolver and one from
volver up straight In the air. Severance
was on Donnelly's back.
Then some person held revolver
close Sa"H up to- to ponnelly's abdomen. ~
II grabbed that, there was scufile
and I got it away from him. ! win
+ not bu sure whether 1t was Stephen
10 ri ar Friedman
Stein produced this weapon. It was
just like Donnellys, G-calibre Smith
In the scuftie table was over
ing on the floor and near him a re-
yolyer and watch cont,nned Mr.;
them"
Prosecutor Weeks cross-examined.
Mr. Stein. who said he heard four. per-
Mr. Weeks struggled with Stein to get
him to determine Mt Just what In
! stan. he first saw Donnelly's revolver.
shooting indicated that only four-lfths
OF second elapsed while three shots
" ii that lime, after the first shot, Dom
nelly arose, turned quarters
around, pulled his pistol and facing Nc
Ardle. sr; fred almost simultaneously
An attendant pinioned Mr., weeks's
arms under instructions from witness
stein. and Stein stood with his let
1ids aTainst WessS to snow s nov ne wb bna
that mysterious third .pistol-hand APP
peared from STEMS, right, passed IN
front OF him and held the cold mnzzle
against Donnelly's stomach til stern
/ grabbed II and Its owner disappeared.
Stein described II all graphicaily' put
could not tell how he could be cure 5hat
Severance was stu pinioning Donheiiys
arms at that moment.
As this pistol Is still fun or bullets.
and Donnelly is charged with shooting
il may be assumed tina; it Is not Don
melly's pistol, especially, as another
weapon with two exploded cartridges
was taken from Donnelly ten seconds
later.
The testimony of Stein was unshaken
by a rigid cross-examinat ton, although
like mos lawyers Mr.. Stein made
Henry l.. Joyce, manager OF the Man
haitian Lighterage and Navigation Com
pany, and WILLIAM. y. Van Tassel, an
Iron iSnndGr; tes,.ned 9 nonns IgSesS 10
pari Of the court Of Common Pleas,
n ssd h& su he nc s' II has n saTe sT
i TSrS w iSSr f ahi ''a'' we impression
Police Department that Donnelly had
had an annual permit 10 carry = re-
rhen ponneily took the stand, He Is
u
exc!table and voluble. He has been In
the iron business at lsi Leroy. street
since 1881. lie and Patrick McArdle
we're partners at one time and Stephen
McArdlc was employed by the Arm,
The partners quarrelled and there has
been constant litigation for three "ears,
! Donnelly claiming thai In the dissoiu-
ton Of The partnership he got the worst
; Of Il s1S 600 worth.
Donnelly testified that in the course OF
I this litigation. IN April, 1892 Donnelly
! and his lawyer attempted TO serve legal
! PAPER on McArlle at the shop, and
! young Stephen McArdle drove them off
| With l. piCkAAe,
Stew McArdle, With a gang OF over
! ten men drove me out OF M yard with
pickaxe, and / had 10 jump on a
| street-car to save my life." said he.
My yard" OF course referred TO the
disputed property.
Here Dopnelly stepped down again
William j. Pollock, n manufacturing
! chemist. taking the stand To testify 10
| Donaeiiy's peaceable character
Aug. II. 1893, Donnelly, Said he. was