Investigation into Tormey’s murder began before his body was removed from the scene and the Coroner’s Inquest was held on 5th of July, 1867 leading to the arrest of both Bernard Farrelly and Thomas Walsh. Based on the identification of the assailants by witnesses, evidence found near the scene and given in court, and other information that was likely provided and not found in the newspaper accounts, it doesn’t appear to have been a very difficult case to crack. The trial against Farrelly and Walsh began the 15th of October 1867 and ended on the 19th, when the jury, after being out all night, rendered a verdict of murder in the first degree against both men. I don’t believe the full account of the trial transcripts can be found in the newspaper articles available at this time, but a good deal of it was provided – enough to give a sound picture of the events that occurred.
James J Deegan, a policeman who was on the force at the time, was sent to the corner of Chatham and Warren Streets at about half past 2 in the morning on July 5th in order to relieve some of the officers who had been there some hours, including Officer Newsome. Deegan testified that upon his arrival, he saw a dead man, unknown to him, lying on the corner of Chatham and Warren Streets. Deegan stated that upon his arrival, he examined the area of Warren Street, looking for any type of clue as to who the perpetrators were. He found 2 hats – a black, stiff brim hat near the curbstone in an alleyway next to a vacant lot (a hat, which when he was shown in court, he identified as the hat he had found at the scene). The second hat was found nearby, about six feet past the gate leading into the alleyway. Deegan later assisted Officers Brant and Smith in the removal of Tormey’s body from the scene, leaving the area at about 5 or 6 a.m. after loading the body in the wagon and taking it to the deadhouse of Tolles and Vreeland, and then in removing the body from the wagon at the deadhouse. Stewart M Brant, a detective on the Newark Police force also testified that he assisted in the delivery of the body to the deadhouse on Market Street at about 6 a.m. and that the body was delivered to the deadhouse in the same condition it was in when taken from Chatham and Warren Streets.
The post mortem on Patrick Tormey’s body was performed by Bethuel L Dodd, county physician, on the 5th of July. According to his testimony, Dodd found various scratches on the man’s neck, above the cravat, potentionally from fingernails. In Dodd’s words, there was a stab-like wound over the left eye as if the man had fallen or some rough instrument had struck him. About an inch and half above the right eye was another wound, a cut as if made by a sharp instrument with the middle of it being through the scalp of the skull. On the right side of the body, about six inches below the upper margin of the armpit, between the 11th and 12th ribs, and a little to the rear, was a puncture wound of about 1 inch in length and about three inches into the liver and three-quarters of an inch into the walls of the abdomen, passing upward, forward and inward. The abdominal area where the liver was located was filled with black blood and the wound was mortal. Dodd believed the man died from the effects of the wound. When shown a knife that had been found, Dodd stated the wound could certainly have been made by that weapon. Dodd also identifed clothing that was shown to him in court as the victim’s and showed where the knife had made the cut. When cross-examined, Dodd gave the opinion that the man was in an erect position when attacked, describing the victim as about 5’9″, with a wiry build, muscles well-developed. He didn’t believe he’d been a powerful man, but fit for endurance, and with no superabundance of fat. He stated the victim’s clothes were soiled with mud and blood and didn’t believe the victim had a coat on him.
Officer Brant testified that he arrested Walsh and Farrelly at about 6 p.m. on the 6th of July. He found them standing together talking on the stoop of Mr Sommers’ store in Lock Street. Walsh had on a dark soft hat when he arrested him.
During the next few days, the investigation continued. Robert Lang, an officer of the court, testified that he searched the house of Patrick Walsh in the early part of July, just after the murder. He was first sent there to look for a hat that was said to hang on a looking glass there, but he did not find it. He searched the house and found a coat on the floor under a bureau. He also found a shirt and a pair of pants under a bed of cattails, and another shirt under a Mrs Lynch, who was drunk and lying on it. The clothes were all wet and muddy and there was blood on them. These items of clothing were later identifed by Walsh’s sister as belonging to him. A search was also made of the privy located at the premises of Walsh’s father (it was not made clear whether the home of Thomas Walsh was at the same location as his father’s) and Officer Deegan testified that he was sent there by the Chief of Police to superintend the search. Deegan was present when a knife was found at the bottom of the privy.
Philip Riley testified that on July 4th, he worked as a boatman on the Morris Canal, on Thomas Walsh’s boat and that he had been hired by Walsh, working for him since the 1st of June. He saw Walsh at his father’s house on the 4th of July and they left together at about 7 p.m. that night, accompanied by Farrelly, and went to the corner of Hudson and Warren Streets. He left at some point, leaving Farrelly in the company of Walsh. He stated Walsh was dressed in a dark coat and pants that night and wore a soft, black Kossuth hat. He was shown the hat in court and he replied Walsh wore a hat like that. Riley also stated he’s seen a knife, which he called a pen-knife, while working on the boat and upon being shown a knife in court, stated to the best of his knowledge, that it was the same knife from the boat. He recalled last seeing the knife on the boat on July 3rd, and when he looked for the knife on July 6th, he couldn’t find it. Also shown to Riley in court was a pair of pants and Riley said he’d seen Walsh wear these pants in the past, but couldn’t say if he was wearing them on the 4th. Riley stated he saw Walsh and Farrelly on the morning of the 5th, that they came to the boat, which was lying at the deep lock on the east side of the New Jersey Railroad, at about 6 a.m. Witness Charles Kelly, a boatman employed on Farrelly’s boat, stated that about 2 months prior to July 4th, he traded a hat with Walsh for a pair of shoes that Walsh had that were too small for him. Upon being shown the hat in court, Kelly identified it as the hat he’d given Walsh in the trade. He recognized it by the two tears in it that had been sewed up.
Another witness, Charles Azdell, testified that he was in Newark on the 4th of July and his boat lay at the lock near the 5 mile level on the 4th. He said he crossed the Warren Street Bridge several times that night and saw Walsh and Farrelly that night. They were in a saloon near the Warren Street Bridge at about 10 p.m. Azdell went into the saloon and ordered a glass of ale. There were several people there and a man approached him and asked him if he were going to “treat the boys”. Azdell identified this man as Walsh. Azdell stated he looked around the saloon and told Walsh that he didn’t know anyone there and didn’t know why he should treat. Azdell believed the men there to be intoxicated. He had his boat lamp on the counter as he drank his ale and picked up the lamp when he was about to leave. Walsh then again said to Azdell that he should treat. Azdell told him and would not and Walsh then threw a lighted cigar in Azdell’s face. Azdell turned to the bar-keeper and asked him if this type of conduct towards strangers was allowed in his place and the the bar-keeper then checked Walsh. Azdell turned to leave and Farrelly (as identified by Azdell) put a hand on his shoulder and said “Young man, go quietly out and I will prevent him interfering with you.” Azdell then left and started for his boat, hearing quick footsteps behind him, turning and feeling a sharp instrument cut his side. When he got to the boat, he saw that he’d been scratched on his side by something. By this time it was raining.
As a result of the jury’s verdict (rendered as “Patrick Tormay came to his death by wounds inflicted at the hands of Thomas Walsh and Bernard Farrelly; and that the said parties are guilty of wilful murder.”), both men were sentenced. It seems both prisoners maintained the belief that they would obtain a second trial and be acquitted. On the day following the culmination of the trial, a motion was made by counsel to show cause why a new trial should not be granted. At the ensuing term of the Supreme Court, the case was argued, and a new trial was granted in the case of Farrelly but was denied to the case of Walsh. Farrelly’s second trial proceeded, at the end of which he was sentenced to ten years in the Penitentiary. From a snippet from an item that appeared in Philadelphia’s Evening Telegraph, dated December 23, 1867, it seems Farrelly gave an account of the event which cast all, or most, of the blame on Walsh. By the 19th of November of that year, only Thomas Walsh was facing death, having been sentenced to be hung, in Newark, on the 2nd of January, 1868.
By accounts given at the time, great efforts were made by prominent citizens to have the Governor convene the Court of Pardons to consider the case of Walsh, or to grant a reprieve, but to no avail. The Governor insisted the law be carried out.
to be continued…..
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