, 1873-09-01


The 1rBt witnosa examined WAS
.. Dr. ENMoNs,
Oonnty fhyBlciun, who gave evidence aBf follows
'theld post-mortom examination on the body
of Jacob Schmidt, at 139 Division streot. found
bmall. confused wound Oh tho right eye, and q
amnll wound Of tho lip ut the right anglo.
also found wound of the left side of tho hond
about throo inches above tho gar, running from
tile front Of tho head backwards, about one
inch aud half or two iuches n length apra-
tently made with blunt instrument. Urone OK
amlhlng tho skull found 4 fracture about two
inches III length. aoni-lt1nar IN shape, with con-
siderable depression OF tho bone. Upon ro-
moving tho skull there was found a large c1ot Of
blood Of about three or four OUNCES in weight,
lying between tho membranes Of tho brain and
skull. Tho informal tablo of bone WAS consider
ably fractured and depressed, as though there
had been terrible blow upon tho head. Tho
injury was euftlcont to, and did, produce death in
this case, by compression Of tie brain, resulting
from tho hon,orrhago from the artorlos Of tho
brain. Tho other organs OF the body were In a
healthy condition. and there wero no marks Of
Injury might hayo boon produced by d blow
from q hRtchot, or sharp edge uf brick OK
Btono, Or by kick with henvy boot.
JOHN WARD,
Coilk ohoAu, tGhl4AcA AS luiloWB: l. TCBlt9 NJ
ISL Wesaon streot. 1am tanner by occupation,
IN the employ Of Woil Brothers. On Wetnes-
day evening, Aug. ~ Inst, about 10 minuten past
o'clock, was going home from my TorIs.
When near Division street bridge, over Ogden'a
Canal deceased was going up plank from tho
brick-yard to the sidewalk on his hands md
knees. Some ono threw Btono. It either struck
deceased, Jacob Schmidt, Oh tho head
or shoulders I don't know who throw
Oh tho sidewalk. The largest ono OF tho two
mon kicked deceased, and then walked of. Ho
kicked decoasod in tho head. Deceased was on
his hands and knees when ho WAS kicked. The
man who did tho kicking stood III front OF do
csasud. When the larger man walked of, tho
smaller ono made motion toward decuased,
md wnlkod toward him. Tho largor man cried
out, Come on, Jimmy mud both men walked
ness hero identified James Fitzgerald ns one Of
the men who was present on that evening,
and testified that lo was the smaller mani. Wit
ncta also testified TINT stone about tho Bize Of
tae one thou before tho jury was thrown and
hit deceased. At the time tho st0no was thrown,
tllc smaller man C1nmes Fitzgorald) was Btand-
lug Oh tho sidewalk towards tic bridge. 1Le
larger man was standing on tho sidewalk ncar
aafssnsod sbout soyen or eight feet from
:ho mon changed positions. tho largo
man tan toward deceased and kicked him on tho
head four or five timos, and the smaller man
started sta toward decoaaed, but the large ono
away went toward deceased, aud saw gontle-
man (alr. Heruan) pick, deceased up, and, with
the assistance Of another man. walk him OF.
HERMANN c. KlSDxE,
sworn, teatif1eu as follows: reside at TOT
North I1alsted street, On Wednesday evening
Last about 10 Ur 20 minutes after O'Clock,
waB coming through baoi-yard OH tho south
side OF Division stroot nenr the bridge over
Ogden Caual. ! Eaw decoasod trying to get
upon the sidewalk on.his hauds and kneos. Two
men were standing on the sidewalk. When
tho 'I smallest man throw u stone. ssA''it Il
l's tl,o deceased on tho head, and
oonaou on 1ow toot Witness e ero tlo Identified
stune.l I would not bo ablo to identify tho
etone. looked for it, but could not find it.
Tho larger mau kicked deceased three times aud
the smaller n1an kicked him twice. Tho smaller
Man pulled tho lnfgor one away. This waH
after decenael had bten hit with tho atono.
Both men crossed tho cana1 and walked into
lumhor-yard. l was between DO aud 60 fcct
away from tho man whom the stono vas thrown.
positively swear that tho smaller man (James
F'tzgeraldD throw the stone. After he threw
tie Stone ho kicked deceased in tho bend. Then
the larger man kicked deceased, and then both
OF crawling through between the boart1B OF tho
fenco. put up as q safeguard to prevent people
from walking of tho sidewalk, when lie was hit
wta the stone. could not give acorrect doscrp-
6loh o1 Lie larger M1f.
JOSEPH DEBgnUM,
swor1l, testified aa follows: I reside at No. 354
Carpenter street. l have seen tho deceased
sevoral times coming from his work. On last
Wednesday evening, about Is minutes past
o'clock, saw deceused cenllng up board lead
ing from d brick yard to the sidewalk, on Diyi-
zion htroet, noar Ogden Canal Bridge DeceaBed
crawcd between tho boards Of fence. Two
nen wefo Htantting on tho sidewalk; one Of
tIs them throw q stone at Jaeob Schmidt. I
saw the blood flow from Schmidt'a bond iinme-
tliatcly after tho stone waH thrown. Both men
afterwards kicked him. Tho men woro standing
close together when tho Htono was thrown. /
think that two stones wore thrown, but cannot
state whether thoy wore thrown by ono man or
By two. At the time the stoue was thrown, the
larger man stood to tho left Of the 1ocoaBod
tho smaller ono to the right. lWit-
found on the spot after tho occzournco.]
suW no othor stone thrwoD. aaw small piece
Of brick lying thoro. Baw the stone after it was
thrown, bounding away. think would be ablo
Jn.nes Fitzgerald 6y his clothing, but did not
sec his fate. After the nlan Ind kicked doceaH-
ed, the smaller one pulled tho la1ger ono away,
aud, az both mon wore passing me, one Of tl1om
hait, You -, now VIC paid you for what you
hive dono."
sworn, testified M follows reside at No, sos
North 1lalstcd atroet. On Wednesday ovoniug
lebt saW TWO men Kick deceased on the Huo-
yak. near the bridge crossing the ogdon Canal.
did not Bee them throw stone. was too far
away to be abie to recognize tho mon. I am em-
ploycd In Whites lnmbor-yard, 81 Wcst Chicago
ayenuo, an'i am in tho habit OF walking up tic
plank leading from the brick-yard to tho side
walk, when cn my way homo from work.
JOHN LuMnERu,
eworn, testified ~ follows: I reside at III |
WeBson street. am tanner, employed BY the
aEm Of Walker, Oakloy, L Co. saw two mon
T. nj, fnu In unuHn
sidewalk near Division street hrdgo, crossing
Ogdon cnnnl. hut was too far OF to 10 abo to
recognize the mon. I did not soe the men throw
q stone.
THE VERDICT
Of the jury was TINT tho death Of deoonsed was
caused by compression OF the brain, produced by
a fracture Of tie skull, and found that tbs in-
juries wcro caused by blows from home blunt
Instrument in the lands Of james Fitzgerald |
and Potor Basqnoll
TIE ALLEGED MURDERER INTERVIEWED.
Tie alleged murderer, JasneB Fitzgerald, WAS |
interviewed last night by TRIBUNE reporter,
WIN found tho DriBOner In bod In Coll &c. Haati-