The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-04
THE SCHOOLBOY HOMICIDE.

mOny-TwO Vcrdicts-One EOy Committed.
The homicide alleged to have taken place on
Wednesday last at the Public School No. 32, in
West Thlry-nrth street, was yesterday the subject
OF investigation before Coroner Herman at the
Twentieth precinct station house, in West Thirty
seventh street. Albert Brown, lad nearly seven
years of age 1t Is charged, was kicked by Ad0lph
Werner and died early the following morning from
the effects OF the injuries received Both the boys
attended school there. The testimony adduced was
quite conflicting two bright and intelligent boys
who attend the school making oath that they saw
Ad0lph Werner Kick deceased three times in the
side in front OF the school house soon after twelve
O'Clock. Deceased fell with his head against an
ash barrel or the pavement and received both con.
cussiOn and compression OF the brain. The boy
Brown went home Immediately ana complained to
his mother that he had Deen kicked by one OF the
Werner boys. John N. Thompson. one OF the wit
nesses to the kicking, on going home told his pa
re nts how he had seen the poor boy Kicked and
abused, and IN Court Identified the accused the
offender. Werner denied that he ever kicked de-
ceased and denied being out OF the school house
yard at the time OF the occurrence lie also brought
several OF his companions who testified TO the same
effect. Below will be found q synopsis OF the EVIL
dence elcited:-
Kate p. Browne. OF 2ls West Fifty.third street.
Principal OF Primary Department Of Public School
~,
In her department; Emil Werner Is in the grammar
department; school was dismissed at hall-past
twelve O'Clock P. M. on Wednesday for lunch; knew
nothing of any trouble between the schOoboys TILL
next morning, when she learned from deceased's
father that his son had been beaten BY boy named
Emil; did not hear his other name.
Mary Arnout, teacher In the school, deposed
that Adolph Werner Is in her class; OF halfpast
twelve O'Clock P. NJ last Wednesday she dismissed
the boys who did not bring lunch; those who bring
their lunch do not 20 in the street; Adoph, after
Deing absent from the school room about ten min
utes returned, and was under her observation until
ten minutes past one A. M; was informed by boys
who were IN the yard that Adolph did not leave the
Miss Helen " Babcock. also q teacher in the
school, was sworn and examined but her testimony
under Investigation. she said, however, That boys
not allowed to 20 out OF the yard without pass
Mary Brown, the mother OF deceased, deposed
that on Wednesday morning last her son went to
Public school No. 81, West Thirty fifth street. in his
usual health, ana came home at har.past twelve
O'Clock p. NJ. 10 eat his dinner, after which he COM
planned OF MS side, saying q boy had kicked him;
did not think anything OF it; he played around the
house till between nve and SIX O'Clock p. M, when
he began TO vomlt; ne complained OF pain In his
he desired; from SIX O'Clock to midnight he
became mucn worse and SAID he was going to die;
he then sad Tor the first time that he was kicked by
Emil; from two o'clock he never spoke and died
at halipast four O'Clock AM, IN an nsensble con.
ditlon.
John N. Thompson, brig hit, intelligent lad, eight
years Of age, living ut 233 West ThirIyftn street,
deposed thaS ne goes 10 scn1Ui 81 wess wSn IN
the same school; was In my department That day,
but not In the same class; took my lunch that day;
by the rules OF the school we That take our lunch
are allowed to go IN the street, but went out
OF the yard, as other boys go out In the street;
went out In the street about one O'Clock, and In
front OF the school house saw Adoph Wernerkl de-
ceased three times In the side deceased Tell against
an ASH barrel, and three times the little fellow tried
to get up. and boy named oscar Branderta as
sisted him up and took deceased nOme recognize
the boy here present Adoph Werner ri as the one
then, similar to those he mas on now; deceased was
kicked the right side; saw no disturbances In the
went In the street because saw other boys 60 out,
and our yard teacher did not see US go OUT tou my
parents when went home that had seen Adolph
oscar Brandstta, OF NO 4l2 West Thirty-nfth
street. corroborated the testimony OF the lad Thomp
son In every important particular.
department. or Public School No. 80. West Thirty
twenty. six years; know nothing personally about
the kicking; some OF our scholars we Keep on
scnool premises during the recess; Adolpn ana
Emil Werner had been Kept IN week, as am H.
Adolpn Werner, the accused. was placed on the
STAND and made statement IN which ne denied
kicking deceased aud SAID he knew nothing what
ever Of the occurrence TIL the next day; was not
out OF the yard on Wednesday.
Edward Dardeck. OF 5i2 West Thirty.seventh
street, opposed that he goes 10 the street
school, ana during recess on wednesday iad Mold
Of Adoph Werner's hand during the whole recess,
ana Is sure Ad0iph Werner not out OF the yard.
James McGarvin gave similar testimony 10 that oil
Dardeck, as also did Frederick Buh OF Oh West
Thlrty-seventh street.
Emil Werner testified that on wednesday last he
was was not AZ play with his brother Adopn IN me
yard OF the school during recess, and that AdolDh
DID not go out In the street.
Dr. John Beach then stated the result OF the post
mortem examination ana the cause of DEATH after
when Coroner Herman briefly recapltulated the
iacts enclted ana submitted the case. Five OF the
Jurors were not satisfied that Adolph was guilty,
anu accordingly found that deceased came TO his
uealn from injuries received In some manner TO
Them unknown Tine sixth Juror found that the
iala violence was inflicted at the hands OF Adolph
werner ana on the latter verdic; Coroner Herman
committed the accused TO the custody of Canfam
Carney, OF the Twentieth precinct who viii aend
him to the Tombs. IL Is likely that the Coroner will
admit the accused to bail In the sum of AZ 600 10
await the action OF the Grand Jury. Werner who
Is not yet eleven years OF age, lives AZ 5I2 West
irt V.loy an at