Year: 1875

Before Recorder Hackett


THE SHOOTING OF OFFICER M'AvEETY-ALL THE


rEsTIMoNY-THE RECORDER TO CHARGE THE


JURY THIS MORNING.


The entire session OF the court yesterday
sumed in hearing testimony in the of Thomas
Duly, who placed trial upon indictment for
feonous assault with intent to kill The complainant
is officer McAveety, of the Nineteenth precinct, and
the assault was committed upon the morning OF Sun
day June 30 last The prisoner tried for the
offence last summer, but the OF brother officer
was by inserted in the indictment instead OF
McAveetys, and the proceedings consequently
TO naught The circumstances of the assault,
detailed by the witnesses yesterday, as
folows:-on tho Sunday morning In question
u young to the station house in Fifty-ninth
street and stated that he had been beaten, Knocked
down and robbed by party OF young ru1lans in the
vicinity OF Forty and Third avenue on
GERS o. Brien and Granger detailed arrest the
perpetrators They suspected from the description
given by the victim that two brothers, named John and
Thomas Duly concerned IN the Outrage, and the
suspicion strengthened by the fact that one Of
them at least had been the in question
by 0Brien short time before the robbery
mitted. The officers took Third ride to
the scene As they approached Forty second street
they perceived by party OF young men stand
ing the corner, who Immediately took 10 light.
Among them the Duly brothers. 0'Bren pur
sued Thomas, and by firing two shots after the fugitive
caused the latter stand and permit himself to be
taken into custody Granger gave chase to John and
after a rather long race succeeded in capturing
him. OBnen, with his prisoner, standing
the corner of Forty third street and
Third avenue waiting for Granger to come up with hIs
captive. that they might proceed together TO the sta
ton When they came up his prisoner began to strug-
gle, and while o'Bren was attempting to subdue him
he knocked down by the other prisoner, who had
broken away from officer Granger The latter was on
the spot Immediately, and took his man INTO custody
again Meantime Officer McAveety, who lived but
few Yards from the scene had his attention attracted
by the Of crowd which had collected, and he
rushed from his house and graspcd the lett arm OF
OiBren's prisoner The latter resisted, and McAveey
threw his arms around him. just then O'Brcn
his feet. two pistol shots fired in succession
McAycety fell back with his right shattered by
one ball and his right breast penetrated by another,
which would have gone clear through the body but that
II mad note book which the officer carried
IN an inside pocket OIrlen then fired a shot at the
prisoner and wounded him so severely that he could


make further resistance and submitted TO the officer
He confined to the hospital Tor long time by the
wound. Olcer McAyeety was also laid up for consd
cradle time and has not yet roganed the iu use OF his
arm When officer McAvcety Tell revolver, several
chambers OF which were empty, was snatched from the
hands OF the accused


officer Burns who came later on the scene; William
Sage, who the occurrence from a window IN his
apartments at No. go Third avenue; Melvin Mead,
who part OF IT, and William H. Mcclure, fireman,
who also the struggle, all gave testimony corrob-
orative OF the facts stated above.


Assistant District Attorney Bell who conducted the
q. Mott counsel for Dulley, placed the Latter OH the
stand He testified that he had not run away on the
approach OF the officers but walking quietly along
when arrested by O'Bricn, who dragged him along
without making any explanation, and who, when
asked why hc made the arrest. replied by using his
club IN unmcrcilul manner lie sad that the officer
about to club HIM Tor the hn time when hc
Knocked tho former down in setdefencc, and that
when O'i1ricn got up from the ground he hrcd two
shots ut hlm (Dullyl under McAyeety's arm and that
when he 50 Tired he had his hand upon the lattcr's
shoulder. These hc claimed wese the shots that lad
wounded that officer, and not any fred by him, as he
had hred only one shot when the revolver was snached
from his hand.


Mrs Mary Adelaide Fielder OF No. 6s3 Third avenue,
who saw the occurrence from her window; Patrick Rey
nods conductor who the srugg us ne was
coming IRON church; John Dennis, an undertaken,
who admitted that he friend OF the accused;
Leopold N0gcl German butcher, who Witnessed the
scnlc from the door Of the shop few feet from the
scene. and Michael Rice, hoster. il
he was returning from the stable where lie had been
attending TO his duties all testified that while McAvecy
mad ls arms ciasped around the prisoner officer
OHriGn fired shots under the of his brother
officer and that when the shots fired McAveety
staggered and lc back


Frank b. Fricdman a butcher testified TO about
the same state OF facts, but his evidence was contra
dicory.


j. W. Davis testified that the prisoner had been in
his employment three years previous to the date
OF the occurrence and that he knew'nothng evil ot
him.


Olnccr McAvccty, being recalled, testified that
OBricn's hand not upon his shoulder ~ the time