The New York herald., 1921-07-08
RESTAURANT OWNER
KILLS PAIR who TRY
TO CLEAN up PLACE
Two With Regulations as
Tough Mem Start Fight
as Food Is Refused.
ATTACK COUNTER MAN
Proprietor Shoots One
Through Heart and Second
Dies ON Operating Table.
CUSTOMERS SEE TRAGEDY
Hundreds Jam Street in Front
of Place Attracted by Firing
Slayer Is Held.
ATTACK COUNTER MAN
CUSTOMERS SEE TRAGEDY

Ferdinand Fernandez of 196 Brad
hurst avenue, who runs a small res
taurant in 7S5 Columbus avenue, near
Ninety ninth street, has had consider
able trouble recently with Thomas
Red" Duncan Of 843 Amsterdam ave-
nue. and Aloysius Buckley of 344 Man
haitian avenue, who had the reputation
of being rough and tumble fighters.
So last night when Buckley and Dun
can came into the lunchroom and de-
manded something to eat Fernandez
refused to serve them.
Get out Of here" said Fernandez,
i've had enough trouble with you. I
don't want you in my place"
You give us something to eat"
Duncan demanded, "or Wen clean the
place out and beat you up"
Fernandez said nothing to this so far
as the police have been able to learn
from witnesses. and Buckley went be-
hind the counter and began to take pies
from the rack. handing them to Duncan,
who sat on a stool at the counter and
began to eat. Neither man wore a coat
or collar and the police say that they
had been drinking
Thrown over Counter.
Buckley had thrown out perhaps three
pies when Fernandez's counter man,
Muhachi Higashide. of so West 12sth
street attacked him and threw him over
the counter. Buckley went behind the
counter again and grappled with the
Japanese. Duncan. so the police were
told by five men who were in the lunch
room and saw the affair, leaped at
Fernandez and struck the lunch room
proprietor. Fernandez did not strike
back. but turned and ran into a rear
room. while Duncan started toward the
counter to help Buckley whip the Japa-
nese. He had just started to leap over
when Fernandez reentered the lunch
room with a revolver in his hand.
Duncan started toward the lunch room
owner. and Fernandez shot him in the
heart. killing him almost instantly.
Fernandez then fired four more shots,
blazing away Unfortunately at Duncan
as he lay on the floor and at Buckley as
he struggled with the Japanese behind
the counter. Two of the bullets struck
Buckley, one in the chest and the other
in the stomach, and he died half an hour
later In the Reconstruction Hospital, at
Tooth street and Central Park West.
The district In which the lunchroom
- situated Is thickly populated, and the
shooting and the crashing OF crockery
and glassware In the restaurant at
tracted q large crowd to the street and
an even larger crowd to the fire escapes
and windows Of nearby tenements. Ser
geant Ernest Moore and Patrolman John
Salmon. at Tooth street and Columbus
avenue, heard the shots and hurried into
the restaurant.
Found Dead and Dying.
can lying dead on the floor, with
Buckley behind the counter mortally
wounded. Fernandez stood In the CEN
tire of the room swapping the hammer
of his gun on an empty cylinder, wildly
excited and shouting that Duncan and
Buckley were trying to kill him. Five
men and who had been eating when the
trouble began were huddled In a corner,
In their efforts to get inside the place
and see what had happened.
Sergeant Moore and Patrolman SAL
mon dispersed the crowd, with the aid
Of other policemen who came up, and
summoned taxicab. Both Duncan and
Buckley we're taken to the hospital, and
the latter died on the operating table
a few minutes later. The Ave witnesses
were taken to the Tooth street station
and questioned, but later were released.
Fernandez offered no resistance when
the policemen entered, and was locked
up charged with homicide.
The police of the West Tooth street
station say that Duncan and Buckley
we're known on the upper West Side
as tough men," and that they have
been terrorizing the small lunchroom
and store owners with their demands
for some time. Both. the police say,
have frequently been arrested for petty
crimes. When they we're searched Dun
can had a nickel in his pockets and
Buckley a pawn ticket for a suit Of
clothes which had recently been pledged.