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him for having deserted him and having gone over to the side of his opponents supported by "Honest" John Kelly, during a political fight. An eye witness credited O'Brien with having said to Croker: "You are a damned cur. I picked you out of the gutter, and now you are supporting a rich man against me for Congress."

In the fight that followed shots were fired, and McKenna was killed. Police Sergeant Frank B. Randal testified that he spoke to McKenna in a drug store directly after the shooting and just before he died. He asked McKenna who shot him.

"He said `Dick Croker,'" Sergeant Randal testified.

Croker, arrested soon after the death of McKenna, declared he had never carried a pistol. Croker was held in prison while awaiting trial, for which "Honest" John employed the best of counsel. The jury which heard the charges against Croker was composed of six Republicans and six Democrats. Witnesses testified they saw Croker fire the shot and others testified that Croker did not fire the shots and never carried a weapon. The jury, after being out between fifteen and twenty hours, reported they could not reach a verdict, standing six for conviction and six for acquittal. Later it was generally believed a friend of Croker's had fired the shot.

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