New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-09-04

.o ,,... con vu,s,ons and that they caused BY
fright when tho child was whipped subsequently, INC
witness stated that from the evidence nc had neAru nc
was of the opinion the boy died from the enects
the whipping he had received.
A Juror-Could the commissions nave oeen oau7ou W
the cold bathi witness-Yes.
Juror-Do you think they were caused oy tno co'a
bathi witness-I rather OF the opinion tnas 'ney
might have been caused by the cold bath.
Counsel for the Institution here suggested that inc
prisoner be allowed TO testify but the Coroner opec'eo
and sad that he would not allow 1t unless the jury de-
aired IT, and then It could not have the weight OF e
dence The Jury stated that they did not care 10
the statement OF the prisoner aud lie was consequently
nenntv Coroner McThinnie then read the testimony
pre yously taken and the boys LYONS Kelly Socne, anu
Lyons stated in former testimony that Vsndens ,d
had whipped for five minutes put Wneh ea,eu 70
c0rroborae this statement he said that there were only
three or four blows aud he did not know what he was
saying when he gave his testimony DeIore Nelly aiso
ed some his former statements IN unihor'an
Coroner Croker thereupon stated TO the jury that ne
had examined both these bows at the time o ne occ
renee and they had very positively stated all that was
contained In the written testimony, ana had even VOL,
unteered very damaging statements when nau not
taken downEone of them saying that Mr. Barnard had
lard his blows without caring Wnere tusy lei. ~
view of these facts Coroner urged the Jurymeh 10
weigh we'll the value OF their amended stat ements and
consider whether they had remained IN tne house VI
Industry All this time their testimony might not nave
been some biased by the daily conversation oi tne
| teachers. , -. $1,000, -, tho
|
nrors as 10 whether they had been told to say anything
by the teachers but all declared they had not Adai
tional testimony offered BY counsel Tor the lnsuu
tlon to show medical experts that darrhea was the
cause Of death, but jury wanted no more evidence
and retired $3.50 p. To deliberate upon Vefdc AZ
$780, after two hours absence they returned WIN tue
following verdict 1--WE, the jury ind that Joseph an
deuser came TO death from diarrhea, aggravated DY
Improper treatment In its earlier stages ana ny ns SUD
| sequent improper removal from the hospital
Counselor Whitehead, the rendering OF the YER
diet asked for the discharge OF the prisoner, but COT
oner Croker declined TO order It, The counselor then
re1uested that reasonable bail be fixed. but that also
was refused Counsel argued that as the jury had eA
tbe mart of the Coroner to refuse to admit HIM to bail
Coroner Croker replied the verdict did not exoner
ate Mr. Barnard. IL expressly Implicated nun IN the
clause charging improper treatment OF the disease.
Several OF the jurors VINO we're STANDING near sd !,
| had been their unanimous opinion that Mr. Barnard
should be exonerated but the Coroner replied that no
| such generation recorded in their verdict lie
stated that he would forward the papers immediately TO
the District ttorney, and the friends OF the prisoner
could apply there for his discharge or mis- release on
| bail. Tnereupon he reeommitted Nh Barnard to the
4 TOmDs,