New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-08
Shoots as They Knock
Down Employee and
Threaten to Beat Him
After Fusillade of Pies
One Dies i'm Taxi.
Other at Hospital
Police Find Columbus
Av. Restaurant i'm Panic
and Arrest Proprietor

Two belligerent panhandlers, who de-
manded food at lunch room at 7S5
Columbus Avenue and began to throw
n;es when it was not forthcoming at
once, we're shot and killed last night
BY Victor Fernandez, the proprietor.
They were Aloysius Buckley, of 344
Manhattan Avenue, and Thomas Dun
can. of s43 Amsterdam Avenue.
It was little after Z: 80 p. M. when
they lounged into the place in their
shirtsleeves. Most of the chairs and
t,bles were occupied. According to
the police, both men have been
hanging about the neighborhood for
some time and were far from being
popular, their gruff demands for money
or food being little less than threats.
Leaning upon the counter where pies,
cake, doughnuts, rolls and similar food
is displayed, the men informed Fer
nandez, who was at the cash register,
that they wanted meal and wanted it
with emphatic promptness. Fernandez
glanced around the restaurant, saw
that most Of the chairs were occupied.
and directed Michachi Higashida, the
chef and counter man, to look after the
callers when he got time.
Start Throwing Pies
This didn't suit the pair at all and
wanted a meal and they wanted it
right away, Buckley said. To prove
his earnestness he seized huckleberry
pie and tossed it toward Duncan. Dun
can fumbled the catch and the pie
smeared itself on the floor.
you're Slow" said Buckley. "Give
US a little service!" and he jumped
over the counter and struck the Jap
anese counter man in the face.
Fernandez yelled for Aquilino Mar
tin, dishwasher and the only other
employee in the place at the time
When he come on the run Fernandez
He himseif ran into the kitchen where
he keeps a revolver, for which he has a
permit, and returned with the weapon
in his hand.
Crowd Gathers Outside
The Japanese was picking himself up
from the floor. Buckley was standing
over hlm in threatening posture.
Duncan was leaning across the counter,
there, and all the other occupants of
the room we're on their feet, meals for
gotten, while they awaited develop
ments. A knot Of curious persons had
gathered on the sidewalk and were
staring through the big plate glass
window.
Fernandez advanced, his revolver lev
eled. Buckley removed his threaten
ing gaze from the covering counter
man and transferred it to Fernandez.
Duncan abandoned his gluttonous ex-
animation of the counter and likewise
eyed Fernandez in threatening fashion.
You want a good beating up, and
you're going to get it," announced
Sure agreed Duncan. He'll get
his all right"
Just what happened next the police
haven't been able to learn. The nuner-
Gus witnesses to the fray disagree,
some saying that one or the other of
the intruders lunged toward Fernandez.
others that the restaurant proprietor
IN MS nervousness pressed the trigger
OF his revolver before he intended to
do So w
AT any rate there were two shots in
qulck succession and Buckley fell
across the unfortunate Japanese,
khocKlng him to the floor again. One
bullet had struck him in the abdomen
anc one in the right side of the chest.
mere were three more shots as he fell
and one of them went through the
neart OF Duncan, who was standing be-
hind Buckley.
Inc other two ricocheted from the
tiled wall of the lunch room and
drilled the ceiling.
oy tnls time there was a panicky rush
OF diners to get out of the place and an
equally eager rush by the crowd on the
Sidewalk to get inside.
!. INTO this confusion came MARITIME the
eaiiSnwasher, accompanied by Sergeant
moore and Patrolman Salmon, of the
west lOoth Street police station, which
Is a, only two blocks away. They forced
nf 1heif way through the crowd to where
buckley, Duncan and the Japanese
vG;uLhteTmen v;aL lay on the floor, stained
WIN blood and huckleberry pie.
fernandez stood over them, the re-
.olVef still in his hand, trying to ex-
ttFlcate the counter man from the grisly
T Tpnraen which pinned him to the floor
MssNihg salmon to guard Fernandez,
Hoole @ placed the two wounded men in
a; Ia$IGab and took them TO Reconstruct
''oh hospital. a few blocks away.
One Dies in Taxi
., Duncan was dead before they reached
So me hospital. Buckley still breathed,
however, and was placed on the operat-
ale' i1g table He died within ten minutes,
,oota tearnandez was taken to the West
w nvOea street police station and locked
on. @p On a a charge of homicide and numer-
iEus iras witnesses were taken to be exam
d"a ,Ieo; According to the police, Fernan-
5eI bo1t nad no hesitation in saying that he
he s;S snoI the two men. He was scared.
Ss'o' and shot in self defense.
RoolPIa O0 I'M,