The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-17

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| whether he stepped off of the fag-stoue or not;
but he stepped outside; l heard a few words;
defendant hit him; saw the blow, but did not
see the man fall; defendant then came in, and
went behind the bar, and said, ''When strike
strike to killp cav deceased afterwards; his con.
dition was very bad.
Cross-examined-Did not see deceased 60 TO
the desk where defendant was; did not hear the
latter persuade the former to leave the house;
did not see deceased pursue the other barkeeper;
Markey said he would bet 500 or a 500 that he
could whip one or two OF them; this was said
before deceased went into the bar-room, where
defendant was sitting on the bench; Bradley
afterwards went into the bar-room; Sarkey fol-
lowed; he had conversation with the other
young man before he went in; don't know what
took place between them in the bar-room
heard the confusion and the defendant saw "I
will show you II l can't or not;n this was the
trst heard when / got IN the door; Markey
was thrown against me and jammed
me up TO the casing OF the door, on the upper
side; while deceased was holding on to me de-
tendaut was pushing him outs 1 got out of the
way as soon as possible; did not hear defendant
tell deceased to come I'M deceased was sSS11uiS
,nIee feet from the step when he was struck;
deceased did not take hold of defendant on the
pavement or try to grab at him; when on the
pavement deceaseds hands were up; several
persons were standing around him.
Re-examined-I had full view of the de-
ceased when he was struck.
l.. DelacoTe sWorn-Saw the deceased 0 little
after twelve o'clock at the hotel; he was insen-
sible: ] was sent for to attend him; Bradley
came for me; deceased was wounded pg contu-
sion on the back of the head.
Dr Scbenck sWorn-Deceased died ON Satur-
day. April 6; his eyes were blackeled; there
! were bruises on the face; the nasal Jones were
| fractuTed: there was contusloi on the
| hack of the head; the brain was badly con-
gested and the membranes we're ruPtured; there
| was a clot of blood on his forehead back OF the
! fracture of the nose; the back pan OF the skull
was fractured; there was no traeture on the
| front part: the skull was the thlnnest ever
| saw, only one-eigbth of an inch in thickness;
| deceased came to his death in consequence of
| compression of the brain, caused by fracture OF
the skul the clot of blood on the back part the
| head caused compression; the clot OF blood IN
| front might have oceasoned death; his symp-
toms we're such as would be taused by such
| Clot. J
A. Hugg, ESQ, then opened for the defense,
and the examination of the witnesses was COM
| menced.
David Pittmar sworn-Iive at No. l04 S.
| Fifth street; am in the empoy OF 5, Parsons; re-
member the I'd oil April; ] was sitting behind
! the bar when deceased came in and wanted
! liquor; told him he had enough, and he could
| not have any; he then tried to come behind the
| bar at me; defendant was then standing at the
| desk, taking an order for coal; he hlndered de-
| ceased from coming to ne; Markey came to the
| entrance of the bar, ani defendant cOaXed him
| to go out and be quiet; he begged him to leave;
| Markey begged for whisky, and swore he would
have il; he did not get any whisky; defendant
then led him out Of the, door; deceased was
abusing me; 'nt TO the door and told him
would not take that off any man; he stood
there and abused me; thought would strike
him first, but left and went behind the bar;
| Markey was standing outside; defendant was
sitting on the bench; deceased wanted to fight
Tor from 500 to $4,000; he SAID he could whip a
ten-acre field OF Bradleys and me; defendant
started to get away from him; was behind the
bar; Markey tollo we'd defendant in and caught
him by the back of the coat he going in
the door; he let go of defendant and hit Thomas
Sans; he also struck at Isaac Coleman next
| he bounced on defendant, and struck him; this
was near the window; defendant laid his hands
on him and sald-'Go away, John; sit do wn and
behave yourseli" Markey dropped back, and
then came towards Bradley with his lists
doubled up, and struck him; then defendant
pushed him out of the door and pushed him
down on the pavement; Markey got up and
attempted to come to the house at defendant
again, caught him by the coat, and put one
foot on the door-sill; defendant told him that
he could not come in, and that if he did he
would strike him; Markey still attempted to
come in, when the defendant pushed
him; as he did he hit Markey; defends
picked him up Immediately, and got a basin
with water in it and washed him off
defendant went behind. the bar right after;
was in position to hear and see all that was
done; did not hear defendant say that when hC
struck he struck to kill; If he had said it would
have heard it; defendant was inside of the dool
when he struck deceased; deceased bad one foo
on the door-sii: deceased was noisy, disorderly
and abusive; deceased had defendant by th,
coat when he struck him; Markey was angry
| by his appearance; defendant sent for DR.. Pest
they seemed friends; called him by name is thu
reason suppose so.
| Cross-eXamined Il am bartender at Parsons
Several other witnesses were examined. bu
| their testimony was simply corroborat1on o
that given by the previous witnesses
At 10 p. NJ last evening the Court adjourned
until 10 A, NJ this morning.