New Britain herald., 1914-07-14
POLICE LIEUTENANT
 HELD FOR TRAGEDY
Coroner Reytrses Action Of Jury
 Which Exoncatcd Officer.

to the I<enOX avenue StdIlOn, WAS held in s5.O0o bail for the grand jury yesterday by Coroner Patrick Riordan soon after the coroner's jury had returned 8 verdict exonerating the lieutenant for killing William J. Nash of AZ West 144th street on tho morning of July 5. The jury held that Ashley had shot Nash to death inNthe performance of his duty, kit Assistant District Attorney Deuel con- tended that the jury's finding was against the weight of the evidence, and asked that the verdict be set aside.
 Samuel $. Koenig, counsel for Ash- ley, protested against it, but Coroner Riordan said he agreed with MT. Deuel and held the lieutenant Ash ley furnished ball.
 Shot Without Provocation.
 Philip Cohen. sixteen years, a clerk, of 22 Pinehurst avenue; James Me- Knight, a driver. of 15O5 Southern Boulevard, and Jeremiah Cavanaugh, another driver, of 275S Tenth avenue, made it appear by their testimony that Ashley had shot Nash without sufficient provocation. The chief wit ness for the defense was Policeman Edward Thompson.
 He testified that a Fourth of July dance and celebration of the North End Social club, recently organized, had ended with fight early on the morning of July at a dance hall at 102 West Hath street. Thes police man said he arrested John Farrell of "A. West 142d street for disorderly conduct, and started with him to the station. Several of the prisoners friends tried to rescue him. and in the struggle that followed Ashley went to Thompson's assistance. Ashley was wearing plain clothes, being on vacation.
 Recognized Canary Gang" /
 Farrell was knocked down, accord ing to the policeman, and was so bad lyfbruised that Ashley advised the po- liceman to take him to the Harlem hospital Thompson said he recog nized in the crowd several members of a, band that he called the Canary Gang" and about which he said there had been many complaints. Accord ing to Thompson, store keepers of Harlem have asserted that they were held LID and brackmailed by members of the gang.
 Thompson said he started to the hospital with his prisoner when the shooting occurred. Lieutenant Ashley has maintained that he was kicked in the stomach by Mash, who was followed by crowd that had set upon Thompson. In self-defense he shot Nash. it is his contention, and following the shooting the members of the crowd turned and fled.
 Revolver Against Breast.
 Cohen testified that he saw Police man Thompson knock Farrell down while large crowd surrounded the two men. He said he saw Ashley place a revolver to Nash's breast and fire.
 i. Mcknight said he was leaving the dance hall with his brother when he heard cries in the street, and saw two men on the car tracks. He said he heard a mans voice calling for some ore to 'gat this thing off the track" meaning as he later discovered, Nash's body. Cross examination brought out that Mcknight, who Is twenty years old, had been three times arrested on orderly conduct.
 Made No Motion.
 Cavanaugh said he saw the start of the fight when Farrell was arrested. Lieutenant Ashley, according to this witness, appeared in the street in front of the dance hall, pushed the crowd back and pulled his revolver. When the policeman departed and the crowd began to disperse, he said he saw Ashley cross the street, with Nash close behind him. He said Nash made TO motion when Ashley faced him with a revolver and fired a bullet into hic breast
 Lieutenant Ashley was in condition for duty after the shooting, according so pr. Daniel J. Donovan, a police surgeon, who said he examined him at ing. pr. Donovan said he found no indications that the lieutenant had been drinking.
 Nash, said that pr. Donovan had ex- anined Lieutenant Ashley a long time after the shooting. The police lieu ,-terant was not placed on the stand.
 Out Fifteen Minutes.
 The jury was out about fifteen min utes and then returned its verdict It was learned that the jury had read the police report of the shooting, made out by Lieutenant Ashley, de- scribing his act as one of self defense when he found himself surrounded by q threatening crowd and attacked by Nash. This report was not introduced iIi evidence and jurymen who were asked about it said they had not been influenced by any such report.
 McCABE CASE ERRORIEss.