The New York herald., 1922-04-30
Refused to Take Easy Way
to Clear Himself by Re-
vealing Culprit.
RESULT OF A GANG FIGHT
Gen. Wingate, Lawyer for De-
fense. Tells of Politician
Being Near Gall0ws.

hlcnafQ croker went TO MS Qedln, 10
his deep sorrow, with the stigma OF
murder attached to his name. although
he knew from the moment of the crime
Of which he was accused the name of
the man who was guilty and that at
any time he could prove his own inno-
cence beyond a question of a doubt
by telling that name.
There are few New Workers who
know the story in full. There are
some, but not many, Tammany men
who know 1t. 1t has never been tod
generally because Croker absolutely
forbade it. Those who have heard II
have heard it in confidence and were
men who would keep condolences, else
they never would have been told. II
Is at once the story of what was Cro-
ker's deepest sorrow and the story OF
his making as political chieftain.
1t was told to THE NEW York HERALD
last night by Gen. George w. Win
gate, at one time Croker's counsel and
for many years his friend.
Croker Then UNKNOWN.
Half a century ago Croker, then a
comparatively young man, was quite
unknown to the general public Of New
York. but Tammany Hall was not. But
Croker was scarcely known in Tam
many, though he had been active in
politics in what was then the Eight I
eenth Assembly district and had be-
come the leader of his district.
1t was the custom on election days,
in those times, for the opposing par
ties to set up. near the polling places
small booths from which they gave the
voters printed tickets showing the
party or faction choice for various
offices, and carried on electioneering of
character that long since passed out
of vogue.
In Crokers district these booths were
at all polling places for the Tammany
party and also for the anti-Tammany
party, repf scented in the district BY
James O'Brien. who afterward became
Sheriff.
Croker heard early on the morning
of the particular election day In ques-
ton that a gang of O'Brien's men were
making their way through a portion Of
the district. upsetting the Tammany
from the polls the men who had beer
placed in charge Of them. With two
or three OF his leutenants Croker
started to investigate, and In the course
of short walk came up with O'Brien
and some of his supporters who had
been engaged in the booth demolishing
This was at Second avenue and
Thirty-fourth street. then not nearly so
well built up as parts OF The Bronx
- L.. tx,.< ~%t fot~ Ill I.1
When Croker came up with O'Brien
there was small crowd following each
party, and as the two men started to
argue in highly impolite language. the
crowd quickly swelled. Words led to
blows.
The crowd gave the combatants plent,
OF room. Then suddenly from the
CBrien side of the ring McKenna, ar
O'Brien supporter started toward the
fighting pair on The run. He got fairly
close: a shot was fired, and McKenna
dropped. That ended the fight but not
the wrangling. McKenna was picked up
and taken to hospital. where he died
within a day or so. Croker was arrested
for the murder.
Carrying pistols was not much Of q
custom then and Croker had never car
ried one. This his friends stated en-
phatically at the time. and his friends
to-day say that he never carried one
during his lifetime unless there seemed
very special need. O'Brien and another
man swore that Croker fired the shot
and he was indicted for murder.
The killing caused a sensation. Crokei
had no money, but Tammany stood be
hind its man and financed Croker's
fight. His lawyers were Harry L. Clin-
ton, John r. Fellows and George w.
wingate, then a young man, who was
made junior counsel, doing everything
under orders. The District Attorney
was Benjamin Phelps.
Gen. Wingate's story.
Now to let Gen wingate tell the story
Croker knew all the time who fired
the shot that killed McKenna- Conse-
uuently we knew II. We of counsel
knew that at any time we could defi-
nitely and positively prove Croker's in
nocence but he wouldn't let us do 1t.
Why? For the simple reason that he
stood by his friends; he had already
learned the first principle of politics.
The man who fired the shot was one OF
Croker's party and was standing near
him. but his name has never been pub
lished or connected with the crime.
II was put in charge of the witnesses.
hut Croker refusing to let US prove that
the other man did the killing. we could
only call witnesses who would swear
to facts showing that Croker did not
do the shooting. I called thirty wilt
nesses, some of whom were Republicans
and some anti-Tammany Democrats
"The Jury stood 6 TO g. While 1t was
deIiberating the man who did the shoot
ing stood right near Croker. IL the
verdict had bsen guilty he intended to
get up and declare himself and say that
he was tho man who had killed Nc
Kenna.
Through all the rest of his life
Croker suffered under. the stigma OF
that trial because he never had proper
chance to vindicate himself without
naming the other man.
Even after the other man died. as
he did some years ago. Croker was the
same; he would not tell. The other man
never became prominent.
"But I believe that the shooting was
actually the making OF Croker. Tam
many Hall. Of which Kelly was the
leader. looked on him as martyr and
Justly
Now that he Is dead I'm glad to tell
the tale. AT the same time don't fee
Justified even now in telling the mama
OF the man he was so anxious to pro-