The New York herald., 1876-12-23
THE BERTH SHOOTING.

STORY THAT LOOKS BAD FOR THE "Accr-
DENTAL" SHOOTER AND his BROTHER FROM
THE WEST.
on Thursday Judge Davis, sitting in the Supreme
Court, granted William 4. Howc's application for wr's
OF habeas corpus and ccrorari to release from prison
Charles Berth, who charged with shooting his
wife Catharinc on tho 18th inst. Tho wriis were
rcturnab.e yesterday morning, and II was generally
understood that tho prisoner, whose plea oi ac'
cidental shooting was sustained by his wiie's
statement to the Coroner, would be released rom
durance. 1t was with fear OF such a result IN ms
mind. and idea. too that justice was going TO DO
cheated by law. that John Run blunt, honest looking
German presented himself at the Coroncrs Office yes
terday anu protested against tho prisoners release
Ruff is tho brother Of Mrs Berth and no came direct
his sisters sick bed where she lay, not as was
generally supposed, IN state OF convacscencc, but
in condition. Of extreme danger, and liable at any
moment 10 breathe her last. lie had come from Fort
Morris. whcrc he resides 10 hear from tho wounded
woman's lips an accoun, OF the sad mischance
pRornERs PROTEST.
He was somewhat excited when ho reached the Cor
oncrs uiicc, and when he inquired about the euorts
made to bcrntc Berth he cried
"lt is infamous TO lot that man 60 frec MY sister
is dying. and ~ he that shot her. Hc Is re-
sponsbe ior her death. and the law Is worthless u no
walks away without punishment ana without trla'.
They may say in court that she IS getting better tat
she is almost well, and such things MS that, but ttc
woman may dc at any moment Ihat man should
not 60 FREQ I'LL shc is beyond danger.n
lIo was informed that tho had gone before tho
Supreme Court. and that u there 10 be decided
whether Bcrih's plea OF accidental shooting aud tho
claim that hts wife recovering were admissible or
not. At this Run became indignant and blurted out
that tho shooting accident. II was intended,
and hc had from his SISTERS own lips Finding mat
the Coroner na power TO act IN the matter he lett
the Office and subsequently, IN n conversation with
HERALD reporter. made tho following disclosure-
THE SECOND srATfMENr.
Charles Berth has for years bcon "A Dependent upon
his wife. She conducts "A couple Of boarding hous cs
and Is n hard working woman. Timc and again he has
ararrcIed with her and threatened to take her life,
nc expressed to shoot her has kept her In constant
dread once during the summer no assaulted her,
and she has since complains 10 her brother oi tho
unhappncss ho has caused her. While he was at
her sick bed shc told him that fear Of
bringing shame upon the family and OF giving
publicity to his infnmy had induced her
to conceal the truth from the Coroner when she mldo
her statement him. In reality she believed that her
husband meant shoot her HIS brother Hugo had
room together when she entered II. Charles hnd
pistol III hand, and She opened tho door Hugo
said 10 him:--"1hero she IS now; shoot" AZ
the same moment her husband turned toward her.
the weapon IN his hand. sudden terror seized her
Mt this shc knew Why. and covering her facc with
her apron she back to tho door. Thcn the pistol
discharged and she staggered back shot through
the head.
BERTH's CONDITION.
Dr. Krcmcr, OF No. AZ Second avenue, her Attending
physician stated last night that she rallied li,i!o
after the shooting and seemed 10 bo doing wol but On
Thursday morning crysipcas set In, she became cvcr-
is and gradually kept sinking. At present no thinks
her condition dangerous in tho extreme, and judges
her recovery very doubtful