New-York tribune., 1901-07-13
MCDONNELL GOES FREE.
JURY TAKES SIXTEEN MINUTES To
FIND HIM NOT GUILTY OF MUIR
DER-JUSTICE'S FRIENDLY
CHARGE

II required only sixteen minutes for the i,,r,
In the Criminal Branch of the Supreme Cour,
Yesterday afternoon to agree upon the verdict
of mot guilty" after Justice Fursman had de-
uvered his charge in the case of Myles B. Mac
ponneli. accused of numbering George Price in
the Onawa Cafe, Park-ave and One-hundred-
and-Twenty-ffth-st., on December 2S 1900
Justice Fursman occupied thirteen minutes in
his charge to the jury and finished at 2:2O D. m
Tn his remarks on the subject of self-defence
the Justice said:
If you find that the defendant meant to kill
Kennedy and was acting In sef-defence believing
Kennedy was about to inhict great bodily harm
fence. You must go step further If you find
that these men were banded together for the pur-
that he shot Price. meaning kin. then the law
justified him. 1t is for you. not for me. decide
The Justice defined reasonable doubt. and
closed his charge with these words:
The fact that these men We're gamblers is Of no
consequence, except as it affects their credbility
The veriest blackleg is entitled to Justice There
was grave quarrel. Maginnss wounded;
Price was killed Do you mean to say. gentlemen
that there is reasonable doubt that the de-
fendant shot in self-defence? You may retire
When the case was resumed yesterday there
vas some unimportant testimony in rebuttal
intended to break the force of the statement
made by Mcdonnell on the witness stand that
he killed Price when Price was trying to kill
him. at the time he struggling with Ken
nedy Counsel for MacDonnell offered to let
the go TO the jury without summing up
but Assistant District Attorney Delaney said
that would be unfair. and short arguments were
made by counsel on both sides. 1t was admit
ted in the arguments that the jury must find
Mcdonnell guilty OF murder I'm the first degree
or acquit him on the plea of self-defence.
When the verdict of Not guilty was an
be admitted to bail the Indictment that
charges him with the shooting of Courtenay
The bail fixed at $500 John Bacombe. of
City Island, at gave the bond Justice
Fursnan waited in his chambers until the for
maIities in the bond clerks office had been
piled with. and then approved the bond. Mac
DonneIl went free at 3 O'Clock, returning to his
home In City Island, with his wife and a large
number of friends. One of the first to
gratulate MacDonnell on his acquittal was As
You are acquitted Quit gambling
81 have quit said MacDonnell.
During the few minutes which the jury took
to decide verdict. Mrs. MacDonnell sat be-
side her husband, holding his hand in her own
and looking extremely nervous She wept after
the verdict announced MacDonnel went
over and shook hands with the jurymen.
The jury took two ballots. On the first ballot
eleven jurymen voted for acquittal, and No 10
Thomas Rainess, hesitated to agree to acquittal
until the question of the nurlber of the revolver
shots had been discussed. He under the i'm
preston
more than five cartridges, but when this was eX-
planned to him he at once agreed 10 a verdict OF
acuuittal and the second ballot unanimous
The feud between MacDonnel and Thomas
Kennedy is not ended. MacDonnell demands
from Kennedy complete retraction Of the charge
which put him in peril of the electric chair and
kept him q prisoner in the Tombs for nearly
six months he will pursue his foe, Kennedy
and other witnesses with charges that VIII still
further ventilate the story of the affray in
which Price was killed.
Standing under the tree which shades the front
yard of his little cottage on City Island Mac
Donnell last night said:
They tried to intimidate my witnesses. Why
Mcdonald was threatened with being out Of
Harlem If he dared to tell that Kennedy gave
him his revolver. But knew that the conspir-
acy would fail. / told my lawyers that would
go the stand and tell the whole truth and
But unless Tom Kennedy vindicates me
over his own signature; unless Freeland tells
over his own signature what really occurred;
own signature: unless Mac" retracts over his
nay will prosecute Tom Kennedy for perjury
geance, but I will have these things retracted
who know that they false.
"If am tried on the Courtenay charge there
will be some more things shown"
The little settlement City Island
decked with flags and the people turned out
and greeted MacDonnen warmly when he re-
turned to his home.