The evening world., 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-
Tense in the trial of Michael Donnelly
before Judge MARITIME in Part l. of the
cient interest to draw Il crowd to the
scene of trial this morning.
Mr. Brooke named several reputable
men by whom he promised to prove that
the first shot fired in the courtroom OF
the Court of Common Pleas April "a
was from the pistol of Patrick McArdle:
that Michael Donnelly was wounded by
that shot, and that he only fired in self
defense. while the younger McArdle.
Stephen, fired the fourth shot. aiming at
Donnelly, ponnellys shots taking effect
high up on the wall.
II this is 40, 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 fired the first shot. They all heard
the frs. shot" turned towards. the
source OF the reports and saw Don
nelly. pistol In hand, and apparently
aiming at Patrick McArdle as he slid
under table. One witness testified that
there were pistol shots over the jury
box. which was behind Donnelly II he
had stood facing the Mc1Ardles.
Interest in the trial was largely in,
creased by Mr.. Brooke's promises, and
Judge MARITIME had an unusually large
audience when he resumed the trial this
morning.
Julius Elson. President OF the Inter
Office at 45 Broadway. was the f,rst wit
ness of the day. He recollected seeing
Donnelly and Patrick McArdle In the
courtroom Of Judge Bischoff on the
ct 90 aI ini1 ru M Of h.. r,Ia
between them. He testified that the two
men exchanged elowering chances.
Dopnelly a"r, 'red to be ,,f frishtereh,"
sa,u tn ne, "'Ih'r not,ced that D i tn
seemed to be afraid OF McArdle. was
subpoenaed as b witness in that case by
Mr.. Donnelly,"
Donnelly in his litigations with fatrick
Nc Ardle, testified that he visited the
office of McArdle to serve an injunction
on McArde; that McArdle drove him
Mr.. Brooke, asked several questions
tending to bring out evidence OF violent
acts done by Stephen Mcbride to De-
sion Of the service OF the injunction, as
illustration OF the conspiracy. between
Stephen and his father against Don
nelly, which Is part of the defense in
this trial. but Judge MARITIME ruled them
all out.
James Biglan. who worked as n la
borer for Patrick McArdle at one time,
ployees had told him that McArdle had
employed them to waylay bonnelly and
injure him. This WAS communicated to
Donnelly, and it was in consequence OF
this communicated threat that Dannelly
armed himself, and IT was these threats
in his mind that governed his conduct
April "a. in the Common Pleas Court
room.
Ass.star. District-Artorrey Weeks OBJ
jected, but after a long argument the
testimony was excluded.
William F; 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
occurr' i. Judge Bischoff had just de-
cident 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. sevcrance's version OF the anair
is as follows:
for rp Az Nc MSclTrs was leading counsel
the day before. The decision was de-
ferred to April q. All the parties we're
present April; e. Including Mir, Fried
wasbendirg over my table, facing
South. Dornclly sat beside me, facing
South. stephen McArdle and Friedman
were were on o the north side of the court
Ardle was near the Judges rail on tn
east side OF the room, but north OF us.
] was under the impression that Mr.
ponneily was waiting for an opportu-
nifty to speak 10 me.
while we were sitting in this position
heard pistol shot from somewhere
behind us ! know D5Hnelly did not
could not have fred Il. | whitfield around
and l saw iJonnelly and Patrick ]. Me
Ardle standing up ard facing each other
'Fa h aimed pistol at the other. and
at the same instant both pistols went
on Some ore seized McArile's arm, So
his pistol fired high over our heads
Then | saw McArile fall or he was
showed, under the table. ana afterwards
the table was upside down. | jumped
on Donnclly's back
II have a distinct recollection OF see
ing some one, | don't know who. thrust
"A pistol against Donnelly's stomach
"Then l did the Russell SaEa act, !
got around as much behind Donnelly
as | could. | made him my Laidlaw.
for | realized my own danger
Then / saw McArdle escape from the
room. | hung on to Donnelly and Po-
liceman McQuade came and placed
him under arrest"
ibid you see Patrick McArdle crouch
down under the table as he describes
asked MIR. Brooke
mo, sir; he either fell or was pushed
under the table. He still had a nickel
plated pistol IN his hand.
while 1 was on Donnelly's back and