New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-01
SHOT WHILE. RESISTING ARREST.

THE PRISONER PROBABLY FATALLY WOUNDED
BY THE POLICEMAN IL A sCRIMMAGE.
For the last week the police OF the West Sixty.
eighth-st station have beer looking for James Cody
eighteen years old. He lived with his parents al
No 215 West Sixty-second-st, and was wanted on
a warrant issued ~ Magistrate Simms, OF the
Yorkville Court, on July a. The warrant was issued
on complain: Of Henry o. Hewitt. OF No. PA West
Sixty-second-st, who alleges In his complaint that
on the day before Jul, g. Cody and number OF
other persons assaulted him. and that Cody threat
ened to take his life
Yesterday afternoon. while Policeman Peter Kier-
nan was on duty In West Sixty-second-st., he saw
Cody. In company with a number or his coinpah-
ions standing front of No 225 West Sixty-second
St He told Cody that he wanted him. and Cody
replied. IF you want me you had better come and
get me-" With thts words he dashed into the
building No 225 and through 1t TO the rear
ward Kiernan followed him. and overlook him as
he was climbing over the fenc, to the rear OF the
house fronting In Sixty-hrst-st Kiernan caught
Cody by the leg ard dragged him off the fence. He
took him through the building. No 225 West Sixty
secondst As the officer with his prisoner was pass
ing through the hallway In the basement Of this
building TO reach Sixty-second-st four or Ave OF
Cody's companions met them and madc an attack
upon Kernan. for the purpose Of rcscung Cody.
one OF the men. whom Kiernan says was william
Wills OF No 453 Ninth-ave.. struck the omcer
twice Win a Dlllel OF WoOu Ddch ot the 'SAe WI
TWO others grabbed him about the body. and Cody
escaped Herman. however, followed TIE necing
prisooer and overlook him just outside the bud-
ing The friends OF Cody made another attack upon
the policeman and Kernan drew his revolver, say
ing that he would shoot the first man that inter-
fered with hirr.
One OF the crowde shouted to Cody: Go at him;
there's nothing In his revolver"
There's enough there for me TO defend myself
with" said Kernan.
The crowd then according to Kiernan's story,
made an attack upon him. AMI he drew his re-
voiver and fired at his assaiants As he did so. he
saws one Of the men grabbed his arm, thus divert
ing his aim The ball from his revolver struck
the pavement aid glancing struck James Can't
we'll three years 3D. of No. 225 West Slxty-second-
ever Kiernan says that Cody then grabbe. him
about the body, trying 10 throw him lie hred
again the ball striking Cody In the abdomen ana
IN rnlctIng wound which the surgeons at the Roose
veyed in an ambulance say Will cause his deat tn.
Herman after escortrg his p.isoncr TO the hos
pital returned to the West SNty-eighth-st station
where he reported the shooting and surrenderen
his revolver and shield. He was formally sus,,
pended by Captain Thomas. Herman has good
record He Was appointed four years ago. and since
that time has never had any charges preferred
against him He is ;hirty-three years old Is mar
red and lives with his wife and five children at NO
a2i West Sixty-scventh-st.
The police Of the west Sxty-eighth-st. station
give Cody n bad record. Captain Thomas says he
"a n member OF n "gang' which conCregates In
West Sixty second and West Sixty-third SITS. and
Insults pass"rs-by ,, ,,,
To Coroner Fitzpatrick, who visited Roosevelt
Hospital about O'Clock ast night, Cody made an
ante -mortem statement