The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-16
THE FREE AND EASY MURDER.
Erial OF DR.. Horny sOtto Claus for the
Murder OF Charles Carson-The Case Tor
the Defence. rF c7


Murder OF Charles Csrson-rhe Case for
che Defence. oG ~
COURT OF OYER AND rERMISER.
tIT l3-3A Before Judge Ingraham.
MAJ l6--TAe People Henry Otto ClaDs-The trial OF
Dr. Claus for the murder Of Charles Carson, proprietor
ef ree and easy,n at $3.50 wost rhrfysxth street, ON
the 10th OF December last was resumed today AZ sne
0suai hour The court room was quite crowded, ana
considerable interest cvinced In the result Of the
THE CASE FOR THE DEFEScz
M. James T. Brady, in opening the case for the de-
Snoe took the ground that the witnesses for the prose-
sutton had conspred against the prisoner and had not
oold the jury half what had occurred He was prepared
20 prove that the accused violently assaulted BY
these parties in Cason's house, that he was struck on
Ne head with the sword cane, then knocked down,
and when down upon the floor kicked and otherwise
abused by Carson and the witnesses for the
1hs defence would show that the accused entered Car
sons with tho cane his possession that his character
wAs an excellent in every respect, and that far
from any murder having been mitted. the was
Of justable homicide He would proceed to intro
william soiczII deposed that he lived at $40 West
Thirty sixth street. near Carson's place; know the
pssoner; saw him on the night Of the occurrence he
wss 1t my house until one O'clock, and commenced
dancng Ihcld his hat and him while he dan
there wire and shoemakers thread around the han
~ Of the sword the prisoner left about quarter past one
IN cOmpsny with Mr. steinhouse; he came 70 my place
e hS FROM e hs q. o nsh
question; did 50 for tho purpose Of frightening the
eAidren; looked upon the doctor gentleman, and
Gross examned-There was private ball in my house
That night; he came about eleven O'Clock; could not
eay OF my own knowledge that it sword-cane, only
from what the prisoner told me; have met the prisoner
frequently at lager beer saloons; he sometimes stopped
~ my place for an hour or TWO.
Rosa oezi dePossd that size the wife Of the last
Witness saw the prisoner after twelve O'Clock on the
night Of the murder; he wanted me to dance with him;
h
Cross examned-My children went TO bed about ten
o'clock that night they in bed when the prisoner
eame, 70 that my husband could not have drawn the
sword to frighten them lSensaton)
BY Mr. Brady-He could have gone to their bedroom
with the without my knowing IT, G
Augustus W. Stenhart deposed that he knew the pris-
INN the night Of the alleged MURDER we stopped at
Hcieks place. whore the prisoner commenced TO dance
ssn's place; did 60 In with him, but went home;
Aad been with him all that evening" and he had his cane
CFoss-examined--The prisoner handed his cane 10
Mn Solexli when he commenced TO dance.
August Claus depossa that he was butcher; knew
him; during all the time have known him his charac
Ger was good and everybody liked him; first saw the
sAne in the OF the prisoner about two years
go; the handle OF tho cane was enveloped In shoe
makers wire and over that there another wire; the
sword could not be drawn; tried to pull 1t out myself
and could not do y; saw the pr soner on the night OF
sine o'clock; no had his cane with him then;
I nw no crack in tho canc then; IL was just
=. had seen y three or four weeks before
- the night OF the murder; It was n the prisoners
Aand, but he held very close TO my eyes; could not
ny whether the shoemakers string intended " pre-
ssrve the cane because It was cracked or not.
Austin Flint Jr, graduate Of med cine and surgery,
- bellevue Hospital and the Long Island College, he
graduated and far as knew his character was excel
bsnA O. What forco would be required 70 make such
wound rs that described by Dr.. BeachY A. Very little
eros. examned-r the sword d not meet with any
% ina a. coed cspn
~ when he entered cole g.
John ". Funk, Of No. as4 Tenth avenue, deposed
- him physician; have known him for two years,
asd during that time his character has been good;
now shown me; remember tho way the handle
Axed; you could not draw the sword.
George Rapp dcposed thai no was barber by occupa-
sson; have known tho prisoner; he boarded with me
for about SIX months; during all this time his neral
@ always carried the eano NOW
o not broken whom saw IT. 1t had wire on II TO
keep the sword from being drawn out
Charles Edward Claus dcp0scd that he was the brother
q tho accused live In Allentown, Pa am elder than
ny brother; were born in lrussa; my brother came
:ss.c ss1' 'o' any man ' could Ssve tho
shown mo nrst saw In Allentown, when
sass he should carry sword cane and he told me
- az 20 that no one could Pull II OUT took some
Che sword could not be drawn out; there spit In
lie cane when placed the thread around II.
Cross exarnined-I was angry only because was
against the carry such weapon, not that was
Edwin Martin, Of Allentown, Pa, deposed-I am a
YEAR,; was quite intimate with HIM bis character
always good no usually carried the cane now shown me
= Ninth avenue; knew the prisoner went 70 see HIM
when he was arrested; saw him At the Coroners in
res IL saw him next day. did no. see any blood On
IN cIothcs he complained u hts head, and said they
bad knocked him 50 that he could hardly hold his head
vc.uv M RI mt hp ryis al nj
Cross-examined-Thc prisoner said nothing about any
injuries TO his neck or ear
- Allentown testified to the good character Of the ac
oussd during term OF seven years. the prisoner lett
Alfred Dubbs OF Allentown, dcposed that he was
clergyman; well acquainted with the prisoner; the
character Of the accused was excellent
Der Of the accused; met him at Ashland Pa every one
spoke Of him a. quiet and pc ceabie man
Edward Preston, Of Brooklyn deposed that the &C
sused boarded with HIM while attending tho lectures at
Long Island College Hospital his character was excel
esat and bis habits exemplary never knew him TO drink
Warren James deposed that he was . fellow student
vim the accused At Bellevue Hospital his character
Peter R Ocurclow, Of Heprstcsd L. l., deposed that
d was classms'e OF The accused and never heard any
Mathew Frejean Opposed that he visited the accused
PRISON the night after the murders he had marks Of vo-
1000 his facc and necx and he spit blood twice. he
Gross examincd-I have known the prisoner about
EXIT month";; could nos ny what time In December
Visased the prisoner; saw him n the Station house
Assim Flint, n b., dspcsed thai he ply sician
e thirty ycars practice not much force would be re-
0ured 70 nfict such wound that described BY Dr..
Beech; acquainted with tn prisoner who was pri
vnfs pupil Of hm always looked upon ham a. modest
I'D lponeusive nsn
Barbara Burkhards dsposcd thst she was acquainted
wh the accused; he attended her ~ physician Wit,
80 did the accussis washinv, sud was In the habit OF
saliug his ocs for hh clothes; saw the prisoner at
- alton house the day asr the murders his face and
49, s~eed he spit blood and there blood ssu
~ from the right earl shsrs was blood on his shirt
,oooom and on the back Of ths garment
yunos Erhardt Opposed that no . clergyman fos
DG1y living In rottsvlis, Pa was wen acquainted with
- prisoner, who bore good character fcs amiabiiity
ed Kindness OF dspoaition- l
Margaret Hahn dsrosed that she occupied the uppes
uas Of Carscns house q The time Of the murder heI
ossastc attncted By awful nolss down sears
AOunded chsu and tables being thrown aboul
= Dc barrccm down ssArs; the did not lac very