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The Vigilance Committee of 1856 by James O'Meara
page 23 of 53 (43%)
With this he turned upon Cushing, plunged it in his body just above the
lower ribs, and as Cushing was sinking to the ground, he turned the
knife and cut upwards with such power as to cleave the rib the blade
struck against. One of the five had become so nerveless at the sight,
that he dropped his pistol. Casey leaped and secured it. He shot at
Barley and the ball penetrated his breast. As he fell, Casey likewise
secured his pistol. The two others were game, but confused and shot
wildly. The bullets went through Casey's coat and vest, riddling each in
a dozen places; but not one of them did so much as to graze his skin.
The third man had been paralyzed with fright after the first clash.
After emptying their revolvers ineffectually the two others left the
ground; Casey remained the master of it. Not for long, however. A
policeman who had watched the affray from a safe distance then rushed
up, arrested Casey, took him to the City prison, and booked him for
assault with a deadly, weapon. That evening I met Colonel Baillie
Peyton, Colonel Jo. P. Hoge, and Colonel Ed. Beale on Kearny street.
They had been told of the encounter, and expressed the desire to see
Casey to compliment him for his bravery, and congratulate him upon his
miraculous escape. Accordingly we visited the prison and saw Casey, with
his clothes shot to shreds from the left shoulder pit down to his waist,
and no wounds other than the slight creases upon his forehead and
occiput, neither of these so deep as to draw blood. All of us expressed
surprise that the policeman had arrested him - attacked and fighting for
his life in clear self-defence, as he had been - and letting his
assailants go free. Colonel Hoge and Colonel Peyton volunteered to act
as counsel for him in Court; and bidding him go good-night, whit hearty
shake of hands, we all came away. Next morning no one appeared to
prosecute him, and Casey was discharged.

It will serve to state the offence for which Casey was sentenced to
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