The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-21
THE ASTORIA HOMICIDE.

Tho Procecdiugs and Conclusion Yesser.
day-IsseresaIns NEUTRALITY-SUSPICIOUS. Dis
charged-suits nud Counter Suits.
Yesterday morning the third hearing IN the case
OF John Myers, Sr, against George s. Chamber Of
Astoria. charged with tho malicious shooting and
killing Of John Myers, Jr, was continued in House
mans hotel, Jamaica, before Justice snedeker.
Previous to opening the case an attachment was
issued for oicer Long, Of Astoria, for contempt OF
court. The case then proceeded.
DR.. Taylor being sworn, deposcd-I am practis-
ING physician IN the village OF Astoria; attended
Myers In his illness; he was suffering from gun
shot wound; death was caused by scepusemia; was
present when the ball was extracted; i assisted
In taking away the bone tine ball and
bone were placed In evldence); / believe.
from experience, that death resulted from
contracted diseases such as sceptisema and blood
poisoning; called IN attendance two days after
the shootlng never saw him when he was in con-
diton to endure amputation.
Cross-examined--i never heard Mr., Myers refuse
to allow the leg to be amputated DR.. Dyer told me
that he had.
Joseph Gentzohe, sworn, deposed-I reside in
Astoria; was at work for Mr.. Myers when mis- son
was shot; Mr.. Chambers shot him; I was present
when the shot was 1red; Mr.. Chambers was walk
ing through his yard with rifle In his hand; be
dred shot and the young man fell
Cross-examlned--There were fve persons present
when the boy was shot; Mr.. Myers and son and my
sell were on the platform when the shot was fred
was not working on the wndup; the bucket was IN
the well the windup turned toward Mr. Whltneys
house. winch nearer than Chambers; after the
boy was shot Mr. Myers asked Mr. Chambers why he
snot his boy; Mr. Chambers laughed ana walked of;
am no relation to Myers; never spoke to any ono
Magdalena Benta, sworn, deposed--I reside in
Astoria: knew John Myers, Jr.; cannot tell how
often was there; he had all the care and attention
tnat was necessary; when present followed the
Instructions OF the doctors.
Cross-ex amined-I did not touch the wound; 1
never attended persons suffering from gunshot
wounds; his sister was the chief nurse; don't
know that the potions prescribed were those ad-
The testimony for the prosecution here rosted ana
the defence opened The first Witness called was
Dr. Dehier who deposed:--I have been physician
fourteen years; had six years army practice IN
Myers. the deceased; i was called September "a;
wards learned Ina. Docses D Eyer and Taylor S,
were In attendance; examined the wound
gated; the ball shown me would make such an orr
nce as examined; Dr. Krack0wtzer admins
ssa ~ ana ss S the Wound and
wound; 4 was caused BY nchochet ball; any sub
stance win make ball rebound; DR.. KTackowIzcr
is gentleman OF great em1nence.
Cross-examined-Ir the cartridge had contained
less than the regular United States allowance OF
could not ind the ball owing 10 the preeariousn ess
or the boy he not being able To stand proprQ after
having having made the examination came 10 the
conclusion mat IL was not direct shot; the wound
was upward and inward; have studied ordnance
so far as my profession Is concerned. VI
Thomas Dowdell sworn dcposcd--I remember
when Young Myers was shots was WORKING for Mr.
Chambers; was IN the yard when rhe snot WAS
en- he said he would shoot 1t; he cane out oil the
house with ride IN his hand; the chicken on the
was behind a. oa M Gaa s % aa 5 he
dld; the chicken was nine yards from him; the ball
would have gone INTO the woods the opposite side
OF the street: the chicken was cut and bleeding
IRON The gls; heard some noise IL Whtney's
Yard; Mr.. Whitney told me we had shot a
q man was shot; he dropped the rifle and went TO
the place; ! dld not see any man talking 70 Mr..
than the mound In Whitney's yard: Mr. Chamber
cCuId not be seen from Whiiney's yard; there
were grape. vines in bloom. MIR: Chambers lett
about six O'Clock Z. NJ his brother was living with
him; don't know who owned the ride; the stable is
ABOUT thirty Yards from the house; Mr.. Chambers
was ten yards from the stable when ne nred ais
covered slantlng hole In the fence about yards
IRON where the chicken was; the hole was q fresh
one; was home during the day; heard no other
shots fired.
Cross-exaInined--I have worked for Mr.. Chambers
three mouths; was IN his employ one week when
the shooting occurred; am coacnman; the hole in
the fence was not IN direct line with the well;
never knew MIR. Chambers 10 IRE shot from the
upper windows In his house; never him shoot
a. anything before or since; MIR. Chambers wns
about two feet higher than the chicken; was not
at the weli when the shooting took place.
John I. Whitney sworn, deposed:-I reside adj
joining TO Chambers; l remember Of boy being
wounded on my premises; when / heard tie man
was shot Went out and saw the boy lying upon the
platform: Myers, sr., was standing near the boy;
Myers seemed 20 be Ignorant ~ to VINO nred the
shot | came to the conclusion that 1t was luz
possible Tor any one to be seen standing
ney was also examined, and TESTIFIED that she hoard
the Shot and groan; again heard him gr0an, and
paid to him; they were pulling dirt from the well;
Mr.. Myers called out, where's the constable ~
procured some camphor, but the boy refused it, Mr..
Myers had conversation with mr. Chambers; he
said Mr.. Chambers had shot his boy. MIR. Chambers
said he had Aired at . chicken ana showed Myers the
hole In the fence; they were turning the windass III
the direction OF the house.
several otaer Witnesses were examined their tcsti-
mony being brief and corroborauve
Mr.. Chambers was then placed on the stand IN his
own defence aud testified under oatn follows:--I
lett home al eight O'Clock on the morning OF the 24s
boat IN the afternoon was not at home during the
DAY; ] asked my man Il ne had caught the
would shoot them, and went IN ana got the rife; my
man placed the chicken in such a position as TO do
no narm .s nrs sn9, dd not XII the chicken and
noise In Mr. whiiney's. yard; Mr. Whitney
came to the fence and SAID that man
saw Mr.. Myers, but did nor know him; he asked me
and w others the e Gm e s:
told him would send my carriage and take him
home, and send my physician to attend him;
for constable; In an hour thereafter ne
arrived on my premises with oficer Lang; went
out on the piazza with my brother; the oflcer SAID
he had warrant for the arrest OF o man named
Scannell; my brother said he knew no such man;
Mr.; Myers said was not the man; l told Lang that
l fired the shot; he said a. ! had admitted
IT he would arrest me; had no conversation
across the fence with Myers or his man; have been
In this country nine years. lived in Brooklyn for
period Of time; have lived In Astoria three
years. Counsel for the respective parties
the Judge reviewed the case and discharged
Mr.. Chambers on the ground OF excusaple
homicide The parents Of the deceased are about
TO commence an action In the Supreme Court Of
Queens county for 4aS 900 damages. The defend
ants, having gained their case, Will now cause the
arrest OF Tho Myers party on q charge OF perjury.
UNION HOME AND SCHOOL.