, 1872-12-11
WHO KILLED MESCH?
Was Tt the ssNIan with the Plug
Hat" or the Policemen
The Jury In the Criminal Court Acquit the Latter
Individual, but That Does Not
Answer the Question.

The trial Of Elf Danielson and Patrick
Ovens, charged with the shooting Of Anton
Mesch, was resumed yesterday morning in the
Criminal Court, Judge Rogers presiding.
JA1lEs HARK1Ns,
IN engineer testified that he Rsw Danie1son fire
two shots at q man who was r3nning from him.
1t the second shot the man fell Danielson at
the time denied having killed tie man. Witness
advised Danielson to so to the station, or else
the crowd might ego for him. whereupon wit
uess himself was taken to the station and locked
up for interfering with an officer"
arns. ANN nnE1
testified that she saw A1esch shot by policeman
in uniform identifies Danielson as the officer
who fired heard two shots fired; at the second
shot deceased fell instantly. Her account Of the
affair WAS substantially the same as that sworn
to by johnson.
Harry M'Far1and swore positively that Daniel
SOD fred tile shot which killed Mesch.
THE PROSECUTION RESTED HERE.
and Mr. Van Buren,, representing the defendant
Danielson, opened the case for the defence. He
said that with perfect safety himself and col
league could now submit the case to the jury.
There WAS absolutely no proof that Danielson
killed Mesch. The jury must not suppose that
he WAS killed by either Danielson or Owens; they
must ascertain, beyond q reasonable doubt, which
Of the two killed him. II they belicrod the tes-
timony of the Coroner and the County Physi-
clan, they must believe that the bullet which
killed Mesch did not come from Danielson g pis-
tol. The doctors testified that tho ball enter ed
the head about an inch behind the left car, and
passed toward the right, while the testimony Of
every witness agreed that tho ball from Daniel
sons pistol must have entered on the right side
of the head, owing to the relative positions Of
the parties. The jury must conclude that Mosch
Was killed by some person as yet unn1entioned.
THE FIRST WITNESS FOB THE Defence
WAS Policeman Hinckley, who testified that the
smaller pistol was the one owned and carried by
Danie1son mover eaw him have any other re-
yolyer he has had it two years or more.
MISS KATIE SMITH,
residing at 158 Fulton street, testified that the
shooting took place in front Of her house ehe
had the window up, and was looking out; q man
in dark clothes fred, but didn't hit the man who
hat fred, mud the other fell this was
directly in view Of witness, not over ten or
twelve feet away; the man with the plug hat
came from Hs!sted street, and when he fred he
shot Was on the top Of the street grade, consid-
erably above him !; the man who shot then either
reloaded or wiped out his pistol, witness could
not tell which.
CT0ss-eIam1ned Heard put tTo Shots hrcd in
all; the man in the plug hat, when he fired,
stood at the bottom Of the sidewalk steps, while
Mesch was in the street above him Annie Car
ter, who iyes at No. lat North Wells street,
was sitting by witness at the window, and saw
all she saw.
The Court here directed that Bailiff proceed
at once to secure the attendance Of Miss Carter,
and recess was taken until half-past o'clock.
TEE NEW ASPECT OF TIE CASE,
developed by the testimony Of Katie Smith, will
render the annexed diagram Of service in e1-
planning the position Of affairs: