New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-04


NELLY FOR MURDER-JAMEs TYRRELL
IS THE ACCUSED MAN.
Assistant District-Attorney John f. Mcintyre
announced yesterday that he would on Mon
day. lay before the Grand Jury charge OF neg
lect Of duty against James 'Tyrrell. who was a
juror in the trial of James Donnelly in General
Sessions Tyrrell held out for hours for a verdict
of not guilty under circumstances which led to
a suspicion that ne had been tampered with by
Felix Donnelly brother of the accused man.
Felix has a barroom at Twenty-eighth-st and
Eighth-avc and James his barlIeeper. On
May ~, James had quarrel with Charles Mad
den and killed him by shooting him in the
stomach. The trial took place before Recorder
Smyth in Part II of General Sessions. Mr..
Mcintyre and Ass!stant-District Attorney Mar
tine conducted the prosecution. There was test-
mony Friday concerning attempted bribery.
Patrick f. Collins. for the people. declared that
Walter Haight. friend OF Donnelly. had
asked the witness to go to the Tombs to see
the defendant. Collins did So Donnelly offered
him S4OO to go out Of the country. so that he
could not testify. and also promised to provide
for his wife.
EVIDENCE OF ATTEMPTED BRIBERY
Charles Davis. also a witness for the prosecu-
tlDH, SWOle tlat ABOUT "A UlDulu ago Hc HIel
Frank Rafferty, in the Donnelly barroom. and
Rafferty, said to him: IF You get mixed up in
your cross-examination you will be well paid for
it." Rafferty, also asked him to see James
Donnelly IN the Tombs, but he did not go.
The jury went out at ) p. m. on Friday.
About II D. m. Recorder Smyth received note
from the foreman George Crawford. builder. Of
40 2a2 West Seventy-thrd-st.. saying that
TyIrelI who was juror no. s. was seen con-
versng with Felix DOnnelly few days before
and that ne WAS holding out for an acquittal
The RecOrdcr received several other notes Al
midnight, he was going to lock the jury up for
the night when he received another note asking
him To- wait a little longer.
At 12.20 o'clock the jury agreed. It came into
court and the foreman announced a verdict OF
guilty OF manslaughter I'm the first degree with a
strong recommendation To mercy. Iyrrell hau
finally been persuaded 80 consent 10 the verdict
on condition thar the recommendation TO mercy
be added. Donnelly was remandel for sentence.
CONVERSATION WITH TyRRGLL
In the corridor, Mr.. Mcintyre and the foreman
were talking one Of them said something about
n juror having been approached. Just then
Tyrrell came up.
"Wh,'s approached?" he asked. eXctedly.
'You know who met Felix Donnelly in city
Hall Park" replied Mr.. Mcintyre firmly.
How do You lind these things odt? TyrreI
wanted 20 know
I'VE don't have detectives around LOT holhl1s'
replied Mr. Mcintyre. and the juror went away.
Dn the first ballot. four voted not guilty
three "!nurler IN the second degree and five,
granddaughter I'm the first degree" Then the
eight agrc~l manslaughter and won two more
over o. their opinion Finally Tyrrell and the
other man gave i'm.
Mr.. Crawford admitted yesterday that he had
seen Tyrre talking with Felix Donnelly. ana
gave the foregoing account of the action or the
obstinate Juror. Tyrrell. when seen at his home.
no - East One-hundred-and-hfteent at
first denied knowing Felix Donnelly. but finally
said that they had exchanged greetings in the
elevator He declared that he had no con-
versation with Mr.. Mcintyre and Nr. Crawford
such as they say he had.
frequently nudgcd the jurors either side OF him
and made such comments as he is not guilty.
one II them. No :. Henry Muhlenbuck. con-
fectiouer. II No 454 Grand-st.. finally wrote a
complaint to Recorder Smyth about this. No
. was Joseph W. Fegan. grocer, OF No l'29i
Washlng;0n-aye.