New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-07-25
-.,a;rc McCabe confirmed

Misunderstanding. McCaoe con"''He'
| the story. ,,,o, Cloary
ard Foy motbred out of town. Ihey
went TO New City, where OIea.!
made another unsuccessful attempt 10
surrender. The Sheriff refused 10 taAc
| him in custody. - T
~ have no warrant for you, ana
have no commitment" was the SUI
stance Of his reply to Cleary's pleas 10
he arrested. Finally Sheriff server
consented 10 drive back 10 HavefstraW
with Cleary and Fox. BY the time ,ney
arrived and went to Gagans once
Cleary's present difficulties were nearly
at an end. for the District Attorney
had drawn up complaint, when fIeu
Newman had signed.
The partv zen went out IN search
Of Mr.. McCabe. He had followed N
structions and had been sworn IN
After reading the complaint he IS
sued the necessary papers tor con-
mitment Before doing so, however ne
said: ,,.
Now. take my advice. You haven't
got anv counsel and you ought 10 geV
some right away. Under the law / can
only commit YOU for forty-eght hours
but nlease let me issue a commitment
good until Monday morning. It's good
advice; then you will have time 10 ar
range for counsel for the arrais"-
mont ~
"Well. I'll take your advice mr..
Clearly replied, and then, the papers
heing properly executed. he weht oacn
% New City with the Sheriff and later
.Moked a cigar, sitting out on inc
risOn lawn. =,
~ knew Bill wouldn't go away. sad
Severn to-day in explanation Oh '"''
liberty.
Coroner Leonard held sort OF IN
formal inouest at $3.50 o'clock TINS
morning in the District Attorneys OIL
tce. 1,.
/ Felter said under oath that Cleary
had sent for him on official business
He was sitting in his office when New
man came in. 81 heard Cleary say TO
the boy, 'Sit down. and Newman took
a chair on my left on the north SIDE
Of the Office. He didn't say anything.
Cleary was sitting or standing by his
desk. He moved over TO his safe. Then
! he said TO Eugene. You thought you
got the best Of me; | got you now,
ard began shooting. | didn't see what
he did with the pistol or where he got
il from. | was so excited and thun-
dorstruck. He fired four shots. ]
don't know what became Of the gun"
Mr.. Fox was then sworn. lie sald
he had met Cleary when the later
reached town from New York on the
12:35 train. 81 noticed he wasn't look,
ing right" continued the witness, and
said. What's the matter, Bill " lie
wiped his forehead with hand push
ing back his cap, and then sad, Moth
ing; I'm all right
"Cleary was sitting at his desk when
Newman came in. He got up and went
around to the safe. He was there
when he started shooting. | didn't see
any weapon and ! don't know what be-
came Of the revolver. | tried TO grao
his arm"
What did you do. Sheridan asked
Mr. Gagan of the policeman, after the
shooting?"
81 got out" said Sheridan.
What did Cleary do?'
"Why, he stood right in front oil
Newman and shot"
Sheridan said he was at the door OF
the clerks Office when he heard a
knock and saw Newman. He told
CleRry VINO was lneIc' Sc''u Nun
in" he said the latter replied. Shcrl-
dan said he knew nothing about "nat
/ became of the pistol.
The District Attorney did not seem
much concerned over the disappearance
of the gun. Cleary was not scarched'
/ Mr.. Gagan intimated that he might get
possession of it at any time and then
went to New York on an carly tram;
It developed yesterday that he had had
a long talk with Cloary, and he SAID
to day: 81 shall not cover up O!cafy III
any way. intend to prosecute him
as | would any one else
Miss Cleary is an accomplished mu-
stefan. She has a diploma in singing
from Walter Damrosch. Eugene had
"A good reputation except that he never
worked steadily and lived on the MONEY
given him by his grandmother and
father. He was also good singer
played we'll on the piano, was hand
some boy and popular with the girls.