The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-07-04
VICTIM Or 4 CONSPIRACY I?
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 assaulting Patrick ]. McArdle in
the sensational shooting episode in Judge
Bischoff's Court Of Common Pleas, April
q. 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 lO.io last night, with YER
diet OF acqulttal.
Michael Donnelly walked out OF court
a free man. exoncrated from all guilt,
while one Of his witnesses, Lawyer and
ex-Asscmblyman Myer j. Stein, was
constructively a prisoner, charged with
perjury committed to save Donnely from
Imprisonment.
As related in THE Evening World"
Mr. stein was crested in the Court
House late yesterday afternoon, and gave
bail In 5000. his brother-in-.aw, Louis
korn: an architect, OF the Cable Build
ing, Broadway and Houston street. be-
coming his bondsman.
The testimony brought out by c.. W.
Brooke from witnesses on both
sil les on the trial of I Pen n
BETH between him and the McAriles. He vas
arrested April "a, pistol In hand, and
offered no resistance, no explanation, no
excuse That night he claimed lie had
been wounded in the back of his arm,
and showed an abrasion TO reporters.
HIS lawyer in police court was Fred ".
House. His plea was self-defense. In
mis- Trial Lawyer Wales f. Severance.
Donneiiys nephew Thompson and Myer
j. Stein all testified that the first shot
Was fired, not by Donnely but by some
enc behind him. Severance testified that
he saw old nan McArdle hold revolver
over his head AMI fire. thu bullet striking
the ceiling. Another witness picked up
a bullet from the floor and 1t had plaster
on 1t.
Then Stein produced pistol which he
said he had wrenched from the hand
of some unknown person in the scrim-
mage and had kept it in his safe ever
since.
Old McArdle again denied that he had
proven by Saith & Wesson'5 shipping
clerk that the pistol which Stein said
he wrenched from some one during the
ARRAY did not leave the factory till
June 10. seven weeks after the uffray.
Then II was that Stein was charged
with perjury. He came in from Long
Branch TO reiterate his story and was
arrested. But the jury stlll felt that
there was reasonable doubt as to who
fired the shot, gave Donnelly the benefit
of that doubt, and acquitted him.
This puts Stein n an anomalous posi-
ca ton acquitted him, but he will be
tried by another jury.
In the mean time he is in much agita-
Assembiyman for three terms, was
reporter before he became a lawyer,
and is riar"lcd to a beautiful young
woman, whose family Is wealthy. There
seems to have been no motive for per-
jury on his part. and ii this is perjury
Il is of a sort discreditable to the in
telligence of the man.
He stoutly insists that his original
story Is correct. He insists that he
took pistol away from some one in
the scrimmage, and that he believes
Smith & Wesson safety revolver, 49,
calibre. No. SO7sl is the same pistol,
desrite the record of the factory.
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
month after the melee. Among these are
tho business manager. city editor and
several reporters of a newspaper whose
ofice is in the same building with that
OF Stein.
Lawyer Fred House says Stein con-
fnrred with him about the pistol when
Dounelly was before the police mag!s-
trate.
II 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
lure him financially and bodily. There
were a good many pistols in that court
room for party of peaceable American
citizens. If there was a conspiracy, did
1t extend to an exchange OF pistols with
Stein. without STEMS knowledge? And
III there was an exchange, who di. 1t
and what for?