Year: 1875




CORONER woLTMAN-Ross COMMITTED TO


THE ToNDs


Coroner woltman yesterday held an inquest in tho
Of Dennis Leary, who fatally stabbed by Au-
gustus Ross on the morning OF the Sd inst, in Wash
ington Market


The defendant represented by Counsellor
schwab who declined TO permit his client to make any
statement any questions until formally in
dcted.


The following is the substance OF the testimony
taken yesterday -


William Prince OF No 12I West street. workman,
employed in the market testified that the morning
Of the murder he lying asleep in box in front OF
his residence when he awakened by hearing cries
of ''lll cut you" and getting up, he Leary stand
ing in corner and Ross standing opposite TO him, at
a distance OF about two feet; Ieary made stab
at Ross and struck him somewhere above the groin;
Ross then went to the bar and cried Gross is
cut !" Ross put his hand under his dress and found
that he wounded; he then walked out of the bar
room, and witness saw no more Of the occurrence


Thomas Johnston, bartender Mt No 127 West street.
testified that the morning of the aray he was attend
ing to his business, when, about hafpast A. NJ,
Dennis Leary into the barroom covered with
blood; he pretty tight and said that he had been
down to Cedar street and had ''aid out'
down there in fight; he ordered drinks, and proposed
TO throw dice with witness to decide who should
pay, but the latter declined to do so; deceased
then took glass of beer, paid for it and
promised go quietly to bed after he back
and asked for another drink, but witness declined to
give IL 10 him. and he went away; about four O'Clock
witness heard high words outside the door, and,
minute after Ross and Lcary entered Ross proceeded
TO wash himself at the basin, and while thus engaged
Icary came behind him and looked over his shoulder





told Icary to keep away tlat he did have
anything to do with HIM; Lcary mutcrcd something
which witness did not understand, and went outside;
witness jumped the bar and TO The door
in time to see Lcary going toward the market;
five minutes later deceased returned, and picking up
paper from the began read while he read
ing Ross to his side and asked him 'What the
matter with him." Lcary pushed him away and said
something about Franklin street gang havng in''
Ross Lcary in the habit of carrying concealed
weapons, and Ross asked him whether he had got
anything with him. Leary pushad him away saying
that he had nothing words TO that effect; Ross de-
carcd that he would find that out; the two
men clinched. and, rolling over several times on
the floor finally regancd their feet; policeman
arrived at this juncture and large crowd having col
lcctcd witness ordered them to dispersc which they
did: witness saw the policeman eiccting "Stokcs"


eary) but stabbed and saw no knife in the
hands of either party; he saw blood on Ross hand
while in the barroom but did not know or hear OF his
being stabbed he heard that Leary was stabbed fifteen
or twenty minutes after the two men left the place
Witness further stated that the deceased had
time attacked him (winess) with butchers knife and
on another occasion had thrown glass at him.


Charles W. QUINN who resides at ls7 Greene street.
and is employed in the market, testified that on the
morning in question he went TO the corner OF Full
ton and West streets TO get the keys Of his fish
deceased but did not speak to him; half an hour
later, while opening the stand, Lcary approached
witness, who asked him what he wanted Leary re-
piled that he had sheep for sale; witness asked him
where he got IT, and he answered that he 'got away
with it," witness then told him he had better go
away and sell il to else as he would not
buy it: deceased then went away but returned
soon after with his face covered with blood;
witness asked him what the trouble was but he made
no reply except ask for knife which witness re-
fused to let him have he then started Off when witness
taking hold OF his shirt, again asked him who he had
been mussng with bnt he refused TO answer aud
walked on saying '"Ill nx the damned son of b-h;"
about three minutes after that witness crowd run
ming the door of the market on Fulton street, and
going with il. he saw Icary with his back resting
against a stand with Ross in front OF him; wit
ness turned TO speak TO some one and when he
again looked toward the two he saw Ross
strike at Ieary and he drew back his hand witness
saw knife in it, Lcary bent and cried out that
he was stabbed; Ross then walked down West street
and Ieary entered the market, whittier witness fol-
lowed him, gave him handkerchief to bind up the
wounds and proceeded with him toward the Park Hos
pal but at Washington street Ieary fell; witness
called tho police and the arrival of two or three
officers gave them charge Of the deceased and returned
his stand where he was arrested short time after
ward


OGicer william NJ osullivan of the Twenty seventh
precinct, testified that he was on duty in Cortlandt
street at about five O'Clock the morning of the stab
bing: some one told him of the afray, and, going up
Cortandt after, he saw Ross standing IN
front Of No II; he said to witness, "You have come
after meP witness replied in the affirmative and immc
date took him into custody the way to the sta


ton the prisoner confessed that he had stabbed Lcary
but said IL done in elidefence


Dr. A. G. Gilman, of the Park Hospital, testified to
the condition OF the deceased when brought to that in
stitution he certified that death was caused by perl
tonitis resulting from the wound.


Dr. f. W. MacWhinne, who made the post-m -mortem
examination Corroborated the evidence of Dr. Gilman
TO the cause of death.


After an absence OF an hour tho jury returned the
verdict that "Deccased came TO his death by stab
wound inflicted by knife in the hands OF Augustus
Ross


Mr. Schwab demanded that his client should he adj
mitted TO BAIL on the ground that he had struck the
blow self-dcfencc but the Coroner refused to admit
him to bail, and committed him TO the Tombs to await
his trial.