The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-06
THE HARLEM HOMICIDE.
No Intentional Violence Used-Dischsrgo
Of tho Defendants.

1nt0ntl0mol
OF the Defendants.
Coroner Herman yesterday morning held an In.
quest at his office, No. 40 East Houston street, In
the case OF John E. Dunhap the man, who IL ID
alleged, died from the effects OF injuries received
on the morning OF the LIST instant by being fOrciby
elected from the restaurant OF william jain, cor.
ner OF 12oth street and Second avenue, OF which
premises Frederick A. Kirker IL owner, and where
he keeps saloon. From the testimony adduced,
which was somewhat conflicting, the jury did not
believe that any intentional violence OF fatal
character had been indicted on deceased BY either
OF the gentlemen named. Subj0ined will be found
q brief synopsis OF the testimony adduced:--
George A. Mott, lad, Of ,2o7 Second avenue, was
called, and testified that at about eleven O'Clock
last sunday morning he saw deceased standing By
the bar in the saloon, Of second avenue and
10th street, and saw Mr.. Kirker slap deceased In
the face and he fell the floor; deceased was then
taken by some one else to the front door and
came and took deceased away; Mr.. Dunnam said
he got his liquor In Union square.
MT John Durham iather o. deceased .ees testineo
Mr.. william 8. Weed deposed that he was stand
ing near the saloon. and, hearing noise Within.
ceased, much intoxicated, rising rom the moor :
on nearing the door he fell; saw Mr.. Jshn
face, below the lorehead Mr. Jain
then took hold ofdeccased and pushed him OF the
S8lOOn ueCeasc0 Tell Oh us lace On the 6t0eWnlK
deceased was taken away on cart BY an offcer !;
deceased appeared to be insensible from the time
he was pushed.
Mr.. Maynard testified that he was in the saloon
and saw deceased eating his breakfast; after leav-
ing the table deceased started to leave without
paying, and was asked by Mr.. Krker to settle !:
deceased said he would come In again and pay; Mr..
krker said that would not do and slapped de-
ceased In or near the face; Mr.. jain then put
deceased out, using no more force than was
necessary.
william Jain. keeper Of the restaurant in Mr..
Kirker's saloon, deposed that deceased came and
had beefsteak. salad and what other things he
wanted; deceased refused to pay ana punched Mr.
kirker IN the face with poker, and for so doing
was struck with the open hand the witness then
took deceased outside the door and left him stand.
ing; soon deceased fell forward on his lace; there
was no unnecessary violence used towards him By
any one.
Some other similar testimony was given by other
made the pOetmOrtem examination, stated that
compression Of the brain, the result or violence.
was the cause Of death.
The case was then given to the jury, who rem.
dered the following
THAT John E. Durham came to hts death by com.
preston OF the brain, the result OF fail by being
elected from the restaurant Of william Jain, COR
ner OF 18th street and Second avenue, on the 1sc
day OF June, 1873. And we further believe that in
elec,sng deceased from the restaurant no undue
On the above verdict Mr.. Frederick A. Kirker.
owner OF the place, and William Jahn, keeper or
the restaurant, who had been arrested, were dis
charged by Coroner Herman, ana, alter receiving
the hearty congratulations Of their friends lett tog
home