, 1861-08-28
THE CRoFT0k-KRAATS MURDER.
Hearing in the Habeas Corpus.
eAFerisT Court--Jn Chambers, Judge Good
rich Presiding.


+ ! Ou1 readers arc already familiar With the
chief features Of the late late lamentable affair
ct the Chicago and Northwestern Railroad de-
pot in this city, on Wednesday 21st inst, in
which Frederick Kraatz came to his death at
the hands Of Capt. Crofton, Of the 10th reei.
me1t q. s. Infantry, recently in this city,
Capt. C7ofton Was committed to jail on
Ccrcner'e warrant for murder, the same eve
mig, and has since remained in custody. q.
& District Attorney Larned became his coun-
sci, assisted BY Mr. Goodwin and B, J,
semnes, Esqe., and by these Capt Crot-
ton hAs been brought before Judge
Goodrich On writ Of habeas corpus originally
issued by judged. N. Wilson, in the Superior
Court, for hearing which his counsel will
seek to have result In his being admitted to
bail.
The attendance ct the hearing was large, and
among the spectators were many Of the Ger.
msn friends Of the deceased, who carried In
their countenances an unmistakable sentiment
ef hostility to the prisoner The people were
represented by Carlos Haven, Esq, District
Attorney, and E. 8. Williams, Esq, the de-
fence by Messrs. Larned & Goodwin and B
J. Semmes, Esq.
The Sheriff made bis return to the writ that
he had the prisoner in his custody by virtue Of
Coroner's warrant Mr.. Haven read, rs the
evidence for the prosecution, the testimony
taken before the jury OF Inquest, which has
already been given in our columns. The fol-
lowing is the
TESTIMONY FOR THE DEFENCE.
j. r Smith, sscorn-KnoW Capt. Croftpn hsyo
known him six weeks in thu {trat mi ha
enlisted hare been with him often, two or three
ti%es TN eoad{ dda{ 9w p ~. Capt General character
hls coDdnct has been good; vas fndnlgent and
kind to his men % never hessd complaint Of brutal
"; neyss have seen & him Z, drink anything but
ioxicated; before swore the men they wished to
60 into Capt. C1ofton's company In preference to
ede lSe d ot ZEE IL ne eaW Gso 81 tae 90nt a0.
xfte1 the deed was cone was in the cars directly
| AfteIward; went ont to Desplaines Station with
c1otton eeid~{6 OBJECTED to and allowed.] Knsw
that the nxn was dad when got on the cars
Cspt. did net a.ked CAPT where The msn was
the heart Capt. said it Was in the region OF the
huttock but that it vas faeAh wound, and he said
| he would pay I'll ezpenses. This conversation oc-
lie did not 60 out Of the car afterwards had no par
tenlaf bueiIcss on the car an officer ssid Capt.
| wished to see nc have sworn in Ill the recruits
| for year AID half; am the swearing in officer
| CT the Regiment ; am not attached to the army
am Notary Public; was appointed TOR that pur.
| pose.
Cross tzam:ned-Th man died about taYe minutes
before the cars left perhaps not quite as long !;
bad gii1'pse of the body once during tha: time !;
breast; Capt did net come out of the car to look
after The body he Inquired Of me how he was; no
one tried to pull me of the cars was sent for by
Capt. Crotton; he said thie Is bad business: don't
recolect II he said more; left him and stepped to
the front End Of tbs car he asked ne to 20 to
Desplainee Staten 10 attempt had been msde at
or ffHa k1nt,&
The depot; did not think deceased vas dead at the
time Of fret interview with him did not know
he Taa noEta@ly wounded Capt. was standing !;
| the fret interview WAS but a moment or two; did
| not speak Of euy particular business was com
ps4a l5soasS to e. 4
the matter and wanted company did not
Zee the sword. Capt. cr:fton did not examine the
sword II my presence Captain said deceased was
hurt--it is fleeh wound did net pretend the DE-
ceased waa coming toward hin. Police got On tha
@ CT at tas M round hoase; he understood when they
ed With me s5o1t that time; previous to this, be
said to me, it is bad affair = he never spoke
Of except as above; till after the police came On
the eaz he bag no time to cay much there was no
time to talk from the time the cars left the depot
I'll they reached the track; went in my own ca.
never saw anything indicating into1icstion rcyei
sme't brandy in his breath; don't know If be has
tske1 * brandy since bis arrest don't know that he
| !
during the Elk weeks was all right.
Direct Tesuned-The conversation narrated
above occurred when first went into the cara
uniformed AID conld be seen on the platform.
Court adjourned TIL 2o'eiock.
AFTERNOON SEE s1oS
! Gary Phelps sac0rn Jtr prosecution.-Am bag.
Eageman on the Northw western Railroad; have
cea.td; saw lin first on the platform Of tie
cars ne wanted to go INTO the passenger car, bu'
ths Captain ordered him Of; ztaItsd to 60 in vita
Of he1e;" deceased told him he had business
there; Captain said he conld not help that he
.1d crotton ttruck 81 him, and Captain followed r
the car; next saw deceased on the platform step
ped np TO an officer minute before tie boy Wis
he had business there; have seen Capt. TIden
that is the man; the prisoner is the man who uset
Capt. Crofton; heard What passed between them
| % EesTa 70 3mpsogper laae mage rom Kratz to Capt:
| not get OF the cars; Kratz was sober during the
day; never eaw him otherwise the tram was
made up Of three CATS and one baggage; deceased
was On the forward end Of the middle coach-de
c.ean lamps, &c.
Cross Eranssned: Came from the baggage ca,
passed over lie platform to the % ether train can. @
up first to the forward CAT, where stopped min
! 1te aud then went to the second csf; first saN
Krastz On the platform Of the second car, ant
then he stepped of; don't remember whit be Wal
doing; when first saw him saw Capt. Tilden
saw the officers on tie platform befo.eI saw tn.
toned on the hind ED Of the forward passenee
heard 70 ene eall for tie corporal of the guard
after the boy had gone into the car Capt Crofto1
said 10 hta men. s-put him out - crowd WAS col
lscted near ths p1a!f.rm Of the depot, near wher
TIC officers stood some Of the officers took hold o
platform Cspt. Groiton id this did not zee Capt
IAde9 take hold q him; capt: crotson did; !; Dc
9r 6esa su
l the platform; vas with the crowd; WAS merely
Pete1 Neville s.eo.,. for The Fro ecutson Am
carpenter; i've at the corner Of Cook and IVES
@as it ee Sorh Wesafn eaEs nsao sef
i there last Thursday; saw an officer run after
!. man through ne car; vas standing on the depo
Of tie soldiers; about ten feet from the side c
D the.ca1 locked through the window; the man tel
: or turned round followed by the officer: the rur
ming first attracted my attention thought the ma
/ was soldier running away, but when saw th
man recognized him as Kfaa.z; he was runuiuy
toward the door; can't recognize the prisoner .
ere were IN the car; it must hare been IL the cs
nsxt to lhe int the party then was hauled on tn
> platform Of the depot; SAW him when he fell b
cropped On his knees, and then walked lame
heard rattle OF the instrument, and saw hin
4 pash the Instrument toward deceased; then "a,
@ r. urn 6aea e and 60 to his company SOUNDED
! C5ossFEdMine1 Never saw the officer before
Saw the deceased In corner house just before tn
conpaRy ar7ived at the depot; saw the Capital
FIRST at the head OF his company; didn't see an
= d1sfuroaEce On the platform; what hare descrih
+ | &C saW through window; can not say If the
| we're up or down !; did not see the Captain enter
, 1rg he car, but the deceased WIS standing on tn
s platform entering the car; DO not know what b
toward the ot1er end did not sec the sword till
eaw him push him and heard the rattle; could no
see what it was; be first fell and then recovered
ofn not sss n MN m stumble oyer the bench Or stove
Inc pIa1ferm; eaw no one help him out OF the car
saW no one go In to help him: sAW hi n drop dow
1pcn TIE saI platform the ran that dragged hiu
from the platform went in on the hind car he tel
o1 the rear platform next saw crowd; VIA
= frightened AID did not want to see him say
olocd; there Was crowd Oh the platform va
there to zee the soldiers; do not know the me-
who helped deceased; saw the blood on the side
the grour ior moment or two and was then cal
Z r1ed into the depot: as the deceased fell on til
| rear platform the officer went out the other WAY
the cars lett soon after.
D. msas Goss &C. i,so,, for t1s P<epezA physi
bcdy Of deceased the degree Of force necesssry t.
l | produce the *onnd by the sword would NOT bl
= great because the substances were easily penetrs
sword penetrated about i've inches: the ins;rn,rn ~
b mutt have teen pointed up OR the body iucltued
the wound WAS Just behind the socket or de liz
;, passed behind the bladder and severed the inter
back side; the a1tsE5 severed was lying on ID
bone andfata! hemorrhage ensued. The wound wa
Oh the balk ride OF the pe1vis.
Cross; E@dHined.-The orifce Of the peIyi
as Tnete me sw2fd y r passed through was about tw;
Q y abont oEe inch aboTe 1t would strike the bone
three inches long: 1our.d tbs Of the Eurface won