New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-19

the front bone Of the skull brOken into the
brain. The wound on the back Of the head
was made by large instrument, as whole
mass of bones were driven into the brain.
Witness had charge of the deceased from
the time OF his admittance until his death.
Taylor Sharkey, colored-Apprentice boy
in Mr.. Baumiller's blacksmith shop, was
there ON the sixth of July; saw Fischer and
Worm there; knows both; on the day
Fischer was the blacksmith Worm a
helper; Fischer was knocked down with a
sledge-hammer by Worm; this is the sledge-
hammer with which Worm struck Fischer
They were quarreling together. Then Mar
an unusually quick manner. The de-
ceased turned to him and asked
him what was the matter. Worm
gave no Answer, but took up sledge-
hammer and struck deceased on the head !;
he fell down and was bleeding from
the head. Worm raised the hammer again,
and witness heard the second blow. Wit
ness then ran up stairs and called MI
Baumiller. The deceased never did any
thing to Worm previous to the assault
Witness saw the first blow and heard the
second blow. Fischer died on the next day,
at the Charity Hospital. The accused at
the bar is Martin Worm, who struck the
blows of which Fischer died. The two
men who spoke to Matthias Fischer came
from the back part of the shop. Worm
was striking for Fischer at the same anvil.
Fischer was about four years i'll the shop,
and Worm about one year.
CEoss-examined by Mr.. Go1dman-Wit-
ness was standing about ten feet from both,
working on another job; did not understand
anything, as the conversation of the men
took place in German. The words, What
is the matter p were spoken by Fischer IN
English. Witness swears positively that
Fischer did not strike the first blow. WIT
ness did not notice any excitement on
Fischer. Worm always was very quiet.
Fischer was not drunk at the time. Wit
ness is sure that the sledge-hammer III court
is the same belonging to the shop. The
deceased never did strike the accused.
Henry Meyers-Finisher of iron-railings
at Mr.. Baumiller's shop; knows accused and
deceased; on the fifth of July witness was
working ten feet from them; Worm told
the deceased not to hold the tool so low;
Fischer told him, "YOu strike as hold it,"
then the accused commenced to blow the
Goals out of the fire, even over witness.
Witness looked over to him, when Fischer
turned around to Worm and said, "what is
the natter" accused made no answer, but
struck the deceased with a sledge-hammer,
saving to him, '.now you die, and they can
kill me, if they want to; deceased
was down after the first blow; wit
ness saw the accused raise the hammer
again, but only heard the blow, did not see
IT, Witness is positive then there was moth
ing done by Fischer to Worm previous to
the attack on him. There are only two of
the sledge- hammers in the shop; one of them
Worm had used before, and one was used
by Sharkey, who helped witness.
Cross-examined-The deceased could not
have struck Worm without witness seeing
it.
Officer Mcnamara testified to the arrest
of Worm, whom he took to the First Pre-
cinct Station. He was shaking and very
nervous.
The defense introduced a number Of wit
nesses, with the intention of establishing in
sanity on the part of the accused.
The case was continued over until to-day,
and the jury was put in charge OF the
Sheriff