The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-15
IMPORTANT MURDER TRIAL.


Trial OF DR.. Henry Otto Claus for the
Murder or Charles Carson.
COURT OF OYER AND rERMINKR.
Before Judge Ingraham.
MAY 1A-Tae People Henry QUO Cgasa-The pris
in this indicted for murder Of Charles
Carson the proprietor Of Free and Easy" at 1853
West Thirty street. the 18th Of December, by
stabbing him with q sword cane. James T Brady ap-
peared counsel for the accused while the
was represented by Cunning T. Bedford, Jr, Assistant
District Attorney
rHE CASE FOR nm PROSECUTION.
marked as foiiows:TThe facts in this case gentlemen.
are few and simple We will present you an unbroken
chain Of evidence TO prove the sabbing The witnesses
will tell you what they saw, and their concurrent
testimony viii, think, satisfy your minds beyond
peradventure that the prisoner Is the man who with
evidence will show that the deceased was the proprietor
OF saloon $50 West Thirty sixth street. That
on the evening Of the 10th OF December last after the
concert had Terminated the deceased commenced 70
play cards with person who was employed as q must
clan 70 the establshm That about half past
O'Clock In tho morning the prisoner entered the saloon
during discussion regarding the proper pronunciation
Of certain French words The prisoner Immediately took
part expressing his views on the subject The Discus
sion beng over, the prisoner and others went TO
the bar take drink. While the prisoner stand
ing At the bar will prove that he cooly turned 70
Mr. Bclinger and made OF the following significant
language Elf had my cane here could clear the
house in time" He then went out and shortly re-
turned with his swordcane. He then joined in game
Of bagatee and very dispute in regard to
the count Of the game The deceased hercupon kindly
volunteered % keep the game, which offer was nc.
cepted by the players. While the deceased was
endeavorng do his duty prisoner charged him with
cheating The deceased very naturally surprised mt 30
base an impntaon, advanced in the most transporting
towards the prisoner for he had his hands
lcssly In his pockets This uniform habt and in quiet
way and friendly tone OF voice said to the prisoner"Do
you think Doctor, that would cheat you, allow any
10 cheat you In my housef That s not my style"
The prisoner instead OF at apoogxng for the insult
he had offered the testimony will disclose 10 YOU grew
angry and became abusive. The deceased whose only
object IL would to avoid trouble took the prs
oner's hat which chair. and handed II to him,
quietly saying as he did so. 'Doctor, take your hat
You had better go home and not trouble any more,
because every day that come here are sure to
that instead Of needing this advice the kind spirit in
which gwen the prisoner as II nerved TO mischief
instantly seized his swordcanc drew IL and plunged the
blade deep into the heart Of the deceased causing him
to reel towards tho floor and instantly expire
TIE EVIDENCES.
The evidence for the prosecution will be found be-
low
William G. Evans deposed that the night 10Th of
December last he in the saloon OF the deceased acting
called was over deceased aud witness sat down TO
game Of srihbage whls two other psrs9ps, William :
prisoner came in about ha past twelve o'clock aud
cheating when deceased got up vounieersd keep
deceased Went to the head q the table to count the game
tie and Bnsby with Cheating deceased advanced
towards the prisoner and asked him Il he meant 70 that
The taught aOa Of II ' hen deT forth
up his hand spasmodicay, striking face
and then staggering towards the table turned pale
ire him him Es a
and ar hmm 70 ss he
away; the prisoner standing outside stamping his
"aa m % ls the o Msr
had wba ihs e ow %
the face be only injuries the prisoner received were after
The latter charge q as Queer ~,
plano quite Young; eaEassd play the
nesday Saturday 4nown Busey twelve
maze with Tie deceased The prisoner appeared o The
only one who was under a. the influence Of LIQUOR;
with him the frs: tune he cane In; l testified S.i
nisht iIbe witness then described the position q the
etiion Of what he had already testified tol Saw
Rs srsoa did not notice his hand being Or brs d.
he
w 'Hs Ssa cser hs p aer the D0s
Wooster Beach, Jr. D. deposed that he was attached
the body OF deceased external examination found
which 70
after passing through the edge OF the lung and the pcra
with blood from the in the and
nge was the s.u,s Of soSS the v."s va. n su
sharp instriment; the swordcane now shown would
each other and the person Who stabbed
hi len side h wsS 's a % 70
received this wound IN s,russe very iit.ir Fore was
ssn was rubbed OF dsceassds Knucies The his
face hts temple Che wound was lost IN The .ora
through the opposite side q the aorts
,,,sa tsai he rneS csaI. Carson Who kept
pob house IN Thirty street, an the person referred
D. ne e,snns ssr r Was concert there h" ,ysn"
Bingcr Mr. Carson ana myself then sat down after the
audience left and Evans Ioos.d game Of eriboaee with
about hsnpsst one oclsck Dr Claus came
n the game OF erbbage was going on at the time dis;
sn matinee after thai went 20 The bag,,.e table
aarias The game PLAYED games then pr.
Spsr srss Seio me- he arm ou ss was
French; the prisoner reiurned In about seven or eight
10 tho shown he thea commenced " play
another when dispute arose bet~een Us as b the
SAID Mr. carson then agreed 20 Keep tho game saying
Tar we o' ~ y col tysaa ,bs end Of tse game lie
pa.oeer a,eased Carson q cheating weea the later
there s,ns pushed % e s ~ ne s
insnosd rolling the balls, and a.. tg,ued got glimpse q
the ,word and say 5000 fs 70 s SoT DID so
ing b. bead Against my boot. .,snned hum and er.
.eG Ivy cod he ne s sss s s%ns ss pat P'n ss
was doctor. asked him " Ge could 40. DO something
sosa hs deal e 7 pss him y se rae
struck she prisoner aIfr ne saOhisi one
beiorc the stsbDDg don know of any
p.vr quarrel between the deceased and The prisonor
aniued-f have been this city about sixteen
years; painter by occupation. have b-cs singing
these free and eases for several years had not know
carson long had seen the prisoner once before,
al any cane in his possession when e came taere
time that evening, when the discussion about the
word matinee occurrcd no sngry words passed be
tween The psrtles; had a drink at the bar
sfsr the discussion. could not s.y that any Of
PARTY inoslcstsd: when the prisoner back
the second time b. said getting late md he thought he
would home. the OF bagatee not nnisIrd when
H. rft said Il he did back should consider
owed dollar had brn playing for tst amount
shook nshds with and said oould call at bis Once
for had taken three drinks together during
the evening the prisoner and had played i've games for
dollar game could not say whether larson knew We
betting not; had games when the prs
dollars game: agreed "
this money pus up and the prisoner the game
hr then said square and asked 70 take drink
Afterwards played csrrom game for dollar and was
while playing this that dispute TO
the count aud he started for home after this he came back
had another game. des~ssed scting
whle this Ia that tbs prisoner
cheating HIM when dcccss d The prfs
the house he placed his hand his shoulder
and pushed him gently did the prisoner knocked
down. he struck ~ no one previous 10 the sAbbng
for uf,on hsra andad he couyf