Evening star., 1932-01-04
Jury EXONERATES
YOUTH IN DEATH Of
EDWARD NJ 'CARTHY
Deputy Coroner Says Au-
topSy Showed Evidence of
Cardiac Heart Failure.
GIRLS TESTIMONY FAILS
TO BRING OUT EVIDENCE
Boy Lost Life When He Attempted
to Crash" Fifth Street New
Year Party.

Edward M. Benjamin, 10, was eX.
onerated today in the death Of Edward
Mccarthy, IS, who lost his life wher
he and four other boys attempted tc
"crash" a New Year party at 635 Fifth
street northeast.
A coroner's jury ordered Benjamin
released after Deputy Coroner A. Nc
Gruder Macdonald, who performed an
autopsy on McCarthy's body, declared
he had discovered evidence Of cardiac
failure of the heart. There was moth
ing to indicate Mccarthy had been
beaten, DR.. Macdonald added.
The deputy coroner, who presided at
todays session of the inquest, an
rounced The result Of the post mortem
after the testimony of Miss Bertha
Walter, 1S, regarded as one OF the star
witnesses, had failed to reveal any
evidence against Benjamin.
Mccarthy, DR.. Macdonald explained,
had a brain cyst of long standing, and
any sudden rise in blood pressure could
have ruptured a blood vessel. Such
r1IptIre. he added, was the direct cause
of McCarthy'S death. His skull was not
fractured, as had been previously
thought.
Admits Pushing Youth.
Miss Walter, who lives at 63l Filth
street northeast, was called to the Stano
after Detective Sergt. John Flaherty,
acting chief of the homicide squad, hao
read a signed statement IN which Ben
iamin admitted having pushed NC
Carthy, causing him to fall and strike
his head. .,
Miss Walter, secretarial school
student, told the jury she and Donald
Knessi, 560l Sixteenth street, were SIT
ting in an automobile parked IN 'front.'
of 637 Fifth street northeast, When
Mccarthy was injured.
Describes Fatal Fall.
Mccarthy, Miss Walter testified,
staggered from the steps OF walk
leading to the house in which the party
was held. reeled to the curb and fell.
Two bows were several feet away from
the steps at the time, she said, but
neither was near enough to have struck
Mccarthy.
one of the boys, she continued, ran
to Mccarthy and tried to pick him up,
but he proved too heavy. The other
youth came to his aid, however, ana
they dragged him to car parked In
front of the house, and laid him in the
street beside it. After a few moments
consultation, she said, they placed him
on the running board Of the machine.
While they were consulting again, she
added, he fell of.
Her testimony was corroborated by
Knesi, who declared Mccarthy, when
he staggered down the steps, looked
like he had slipped" This, according
to RnesSi, occurred before the fight, in
which Mccarthy previously was thought
TO have been hurt.
Disappeared Saturday.
Miss Walter disappeared from the
witness room at the morgue Saturday
when the inquiry into McCarthy's death
was begun The inquest was halted
when her absence was discovered, and
headquarters detectives under Sergt.
Flaherty began a search for her. She
was found yesterday at her home, only
few doors from the house in which
the party was held.
After being sworn, she was asked by
DR.. Macdonald, Why did you leave
Saturday."
Il wasn't feeling very we'll" she re-
piled II asked a policeman If 1t was
al right for me TO CO. and he didn't
answer; so 1 thought it was all right. ="
Warned of Contempt.
Pointing out that police would have
no authority in such matters, anyway,
DR.. Macdonald reprimanded the girl
for having caused the inquiry to be
continued until today and warned her
she could be cited for contempt.
The morgue was thronged. Nearly
100 persons, mostly friends and ac-
quaintances of those involved, filled
every available chair and we're lined
up against the wall. When the Ver-
dict-that Mccarthy died Of an acci-
dental fall-was announced a cheer
arose.
Benjamin, apparently overjoyed, rushed
tc the telephone in the witness room
and called his mother. Its accidental"
he shouted into the mouthpiece, repeat
ing the words several times.
More than a dozen witnesses testified
at the first session of the inquest end
nearly 20 were on hand today. Miss
Walter, Knessi, Flaherty and George
Kane, %, at whose home the party was
held, were the only ones called to the
stand today, however. Kane testified
Saturday but was recalled when it was
learned he wished to change a portion
of his testimony.
Will Be Buried Tomorrow.
Mccarthy Will be buried in Mount
Olivet Cemetery tomorrow, after a
requiem high mass in st. Gabriel's
Catholic Church at am. His home
was at IT'S Allison street.
The Mccarthy family was represented
at the inquest by Attorney Vincent L.
Toomey. James Reilly appeared as
Benjamin's lawyer, while the Govern
ment was represented by Assistant
United States Attorney Irwin GoldStein.
Several of the witnesses also had law