Year: 1870

Nearly month ago James McCarroll aud Barholo.
NEW Buckley, then living in a shanty on the rocks
In Fortieth street, between Tenth and Eleventh ave.
nues, had quarrel during which 1t Is alleged McCar.
roll struck his countryman OH the head with an axe
thereby fracturing his skull which subsequently re.
suited fatally In Bellevue Hospital, WHITTIER he was
taken soon after the occurrence. McCairoll was ar
-rcsted and locked up. Coroner keenan,, who took
charge Of the case obliged to adjourn the inves
tigatlon owing to the inability from sickness OF Mrs.
Buckley to appear and testify. Yesterday morning,
Mrs. Buckley having recovered, the investigation
was proceeded with. Below Will be found the SUBJ
stance OF the testimony elicited:-


TESTIMONY OF MRS. BUCKLEY.


Mary Buckley, Of the House OF Detention, deposed
that the deceased was her husband; on the 22d day
OF June last the witness was living in James
McCarroll's family; the witness and her husband
lodged there; at O'Clock that day the prisoner
was lying in bed Intoxicated, when Ills wife took
him bottle Of liquor; she came out and said the
pr1soner remarked that he could use the witness
as he liked In spite OF her husband; deceased
then called prisoner drunken rascal then my hus.
band took sh0emaker's knife, then sticking over
the outer door, and held it In his hand, by his side;
when he took the knife he was outside the house;
when he was taking the knife down the prisoner
jumped out OF bed and struck deceased blow with
his 1st and called him a bastard; deceased returned
in similar manner, and at the same time turned his
back to him; the knife was In his hand at the
time but he made no motion OF any
Kind with 1t; when deceased had got about
three yards from the door, with his back towards it,
the prisoner stopped and picked up "a large wood axe
sta ndng by the door raised II over his shoulder and
came down with the blow on the side or deceaseds
head directly on the ear deceased fell at Once the
prisoner then carried the axe into the house: the
witness attended deceased and washed the blood
from HIM; the witness tnen went for officer and
procured two Of them; they then took deceased to
the station house and thence to the hospital.


TESTIMONY OF POLICE OFFICER.


chat on the morning OF the 23d ult he arrested the
prisoner while he was running away; McCarro said
deceased ran at him With knife anu that he struck
the blow In self-deience.


THE PRISONERS STATEMENT.


street, between Tenth and Eleventh avenues, was
sworn and said about the goth OF last month he
tight; he lay down, I when Buckley asked s.I


nv we way ySy ne ws Ga o3 not to him
drink and lay down on the bed again. Mrs. Buckley
then called him a hard name when the deceased
took knife sticking over the door. and running at
the witness, stabbed him on the forehead. near the
eye; be Immediately alter stabbed McCarroll in the
!eg; deceased then ran out and commenced calling
an old axe and gave Buckley a shove With it; de.
ceased fell and struck the hub OF a Wheel


MEDICAL TESTIMONY.


Charles McBurney, one OF the surgeons OF Belle.
vue Hospital, deposed that deceased was admitted
to that institution on June 22, 1870 suffering from
an injury to the right side OF the head Just behind
the ear, giving symptoms OF conclusion OF the
brain symptoms Of meningitis were soon de.
veioped, and death ensued on the 2sth OF June, ON
making postmortem examination an extensive
fracture Of the right temporal bone was found and
the LESSONS OF the acute meningitis evidently due
to the injury to the skull and brain.


: This closed the testimony and the case was given
10 the jury who rendered verdict against McCar.
roIi, and The Coroner committed him to the Tombs TO
await tue action Of the Grand jury The prisoner is
twentyhfee ysafs OF ags, born In ireland. and
roll said deceased struck him With knife, and What
he did was in self.delence. Mr. Spencer, counsel
!or McCarron, Will make an effort TO procure his re-
lease on bail,