New-York tribune., 1870-02-05
TIE TRIAL OF CHRIs1IAN HERGER.

THE DOCTORS DIsAGREE-vERDICT, NOT GUILTY.
On Thursday the case Of Christian Herger,
indicted for manslaugher in the second degree in the
killing of Milton Carpenter at fremont begun in the
wescheser County Court OF Sessions, at White Plaius,
Judge Cochran presiding
George b. Wood young man 90 years of age was first
sworn. He testified that Saturday evening the sh Of
January. he. in company with five companionsnamely,
Charles Tarbox Alexander Westcott Thomas Dunhau,
Benjamin Rockwell and Milton i. Carpenter-were at
together, and about y O'Clock they left in company
when they out OF DOORS suggested that they
go down TO HergerS saloon "a little distance away-and
have the door of the saloon shut, bn the
shutters to @ the door %Te a9t g da ana ere was
Herrer Cha,'"s Be!del, Antoine Disch, ana Becker,
we're seated at d table PLAYING fsrdS' and ma
we'll being player the instrument. asked Herger II
he might take it, Herger said no was too late; others
visiting party then united ID the request which
still refused Becker then got up from the table and
had good deal of talk and Wescot told MIN TO mind
and he wouldn't talk to HIM. Weslcot tncn took Herger
to one side and asked him the guitar, and Becker
gave Westcot push Ecldel stepped up apparently to
part them; then Ia.oox up opposite HIM. and was
taken by the lair Of the head and put IN corner across
;nen pushed Carpenter hit him, and general row
conmenced Rockwell had meanwhiIe ieft the room ana
char and hit Wescott the head with IT, and one
else him with slate; then Herger went behind the
bar and got nalet came out and struck at Mestcott
with it three times in succession; the third blow
ger '' then struck Carpenter with the mallot upon
the right side Of the head; westcott then gave
looking back they Carpenter lying on the floor the
row had by this time ended and tie young men went
helped him across the street TO drugstore, but the
place closed Carpenter soon recovered himself and
insisted upon going back ana renewing the fight the
rest opposed it, and they started for home Westcot
at the gate they parted with him, promising to meet
him at 10 O'Clock the following Sunday morning, TO 20
TO church on Sunday they did not meet him. as they ex
peeed but learned that lie sick; in the afternoon
witness visited the deceased and found HIM in
that evening at 6:I5 he died upon the crosssx
animation, the witness stated that before going
the Methodist Church engaged in covering Sunday
school books left the church about l0oock and escorted
some young ladies home; that while at lttpers he (wi-
ness drank one glass OF sherry wine with Dunhan but
good spirits and were skylarkng, knocking of hats and
playing together but made no disturbance AT Hergers
penter danced with his Arctic oyershoes and West
colt whsed Herger requested them to desis and they
drumming the bar with couple of wine glasses they
being fran, were broken and Hcrger then demanded
charge il 10 them words to that effect; one of the
party counseed him to pay and he paid 80 cents, the
Charles W. Tarbox testified that he was one of the
stances Of the affray When it was first commenced he
taken by one Of the Germans into of the
and held down by the head behind table and over
couple Of chairs and did not have good view Of the
combatants; Herger go behind the bar, however,
came and took Heidei OH tho witness and witness saw
Alexander wescott testfed to nearly the same state
Of facts as the other witnesses Did not see erger strike
the maet in the hands of llerger The other young
were then called and examined None OF them the
prisoner strike the deceased with the maet. Rockwell
had ocosey proposed that they the Dutchman by
storm and the suggestion led them TO go there.
DR.. Robert II. Meus Of Morrisania testified that he
called on Sunday morning, about 10 O'clock
the diseased that he found him in partially comatose
that no cause assigned him for trouble and ne
concluded that the patient had suffered injury
the point Of the difficulty with sufficient pcstveness to
He Of
oil, mixed with gum arabic, TO he administered TO the
half drops Of the orOtOn oil each until 10 had cahartc
effect The object OF this treatment was To get
of blood. The patient grew worse, however, and the
medicine failed TO have The desired effect Six drops Of
The witness then underwent severe cTOss-eXaniHaOn
by AT Bates, counsel for the defendant, who utinaed
that the deceased had died OF cruon OIL and not OF the
external injuries. The postnorlem had revealed large
evidently come from fuptured artery head. aud
to the batieint's FEET and limhs
fed Dr. thas hsnTy e l. s!ssS 9ESSn ~ pogP 9 Ss ls
ANA fgynq The injury as described by the previous wit
hess there was four GpGi s @ ScCd
vac proper and according 10 the usual rules Two other
physicians testified that the treatment was correct ana
that probably nothing could have saved the deceased
The defense then offered the testimony OF the four Ger
in the saloon, who stated that the young
in the fight; not OF these witnesses saw the
prisoner the nalet but each had enough 10 do to
take care OF himself. Witnesses brought 10 prove
the previous good character Of the prisoner.
Dr. Hugh HeDwOOd, being sworn, disagreed with the
ply previously called as 10 the prOpety OF cr0on
OIL medicine under the circumstances IL was dam
gerous remedy and the doses testified TO unusually
large From Oneqnarter 10 Onehalf drop the usual
dOse and wheDit found that no immediate catartc
effect followed its administration, II should have been
discontinued Witness would not have hestated TO bore
the skull to ind the dncuty II there were any exterior
indications OF the seat There being depression OF the
skull and predspOsition TO apopexy witness would
II called to treat for patient and finding the symptoms
described have felt certain that exravasaed blood was
OF the compression, and would have Ies0rtod
10 trephinlDg u the only remedy.
Judge Cochran then delivered able charge 10 the
fury, who retired hnd after consultation, returned "a
verdict OF not guilty.