The evening world., 1894-07-04
VICTIM or 4 CONSPIRACY /?
Lawyer Stein Insists that He Told
the Unvarnished Truth,
But He Must Stand Trial, While
Donnclly Is Acquitted.

The trial OF Michael Donnelly, charged
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 1O.lj last night, with a YER
diet OF acquttal
Michael Donneily walked out OF court
a free man, exonerated from all guilt,
while one Of his witnesses, Lawyer and
ex-Asscmbivman MHer j. Stein, was
constructiveiy prisoner charged with
perjury committed to save DOnnelly from
imprisonment.
As related in The Evening World"
Mr.. Stein was Frosted 10 The Court
House late yesterday afternoon. and gave
bah in 5000 his brothe'- tn-ia% l.pui ;
Korn, an architect, Of the Gable Build
ing, Broadway and Houston street, be-
coming his hondsman.
Ri poke from witnesses on both
81 les on tn, trial of pcn.
r,iiy had revealed vendetta
between him and the McAriles. He was
arrested April a. pistol In hand. and
offered no resistance, no eXplana ion. no
excuse. That night he claimed he had
been wounded in the back Of his arm.
and showed an abrasion to reporters.
His lawyer in police court was Fred Il.
House. Ills plea was self-dcfense. In
mis- trial Lawyer Wales +. Severance
Donne.ly's nephew Thompson and Mycr
J. stein all tcstified that the first shot
was fired, not by DonnelY bat by some
ono behind him. Severcnci testified that
he saw old man McArdie mold a revolver
over his head and ire. Ia, bullet striking
the ceiling. Another witness picked up
a li Ill r,Nr1 ~ ~
on it.
Then Stein produced pistol which he
said he had wrenched from the hand
mage and had kept it in his safe ever
since.
old McArdle again denied that he had
pistol April "a and then i was
clerk that the pistol which Stein said
he wrenched from some one during the
ARRAY did not leave the factory till
Then it was that Stein was charged
with perjury. He came In from Long
Branch to reiterate his story and was
arrested. But the jury still felt that
fired the shot, gave Donncly the benefit
of that doubt, and acquitted him.
This puts Stein IN az ancmalous posi-
ton. The nonneil i, Jury has by Ill, imph j.
tried by another jury.
In the mean time he Is in much agita-
ton. He made a good record as an
Assemhlyman for three terms, was a
reporter before he became a lawyer,
aud is married to a beautiful young
woman, whose family is wealthy. There
seems to have been no motive for per
jury on his part, and If this Is perjury
1t Is of 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, So
calibre, No. SO,7S1 is the game pistol,
desnite the record of the factory.
Backing this up Is the statement OF at
least "a score of men that Stein either
told them about that pistol or showed II
to them for. twenty-four hours to a
month after the melee. Among these are
several reporters of newspaper whose
Office Is in the same building with that
OF Stein.
Lawyer Fred House says Stein con-
ferred with him about the pistol wher
Donnelly was before the police magls.
trate.
If the pistol SO,7Sl 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 a conspiracy OF
the McArdles, Freedman and others tc
injure him financially and bodily. There
We're good many pistols In that court
room for II party OF peaceable American
1t extend to an exchange of pistols with
stein without STEMS knowledge? AND
If there was an exchange. VINO d. II
and what for?