The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-08
"A Travelling Jury and q
Midnight Verdict.
THE CORONER'S STRANGE CONDUCT
Eleven Jurors who Refused to Agree
with the Twelfth.

family al their residence, Nc. East Forty-scventh
street, called the hotel ascertain any matter OF
interest bearing upon tho unfortunate occurrence.
None doubted that Mr. Day died by his own hahu
while temporarily insane. One gentleman, Mr .. u
Battersby, reports that about three months ago. de-
ceased remarked casually that he had exhausted al
She treasures Of his ie that he had nothing more 10
live for and he ready at any time to go 10 MS last
ses.ng place at Greenwood. At the time this remark
was made Mr. DAILY exhibited no symptoms Of insanity
but in OF recent events the words now come BACK
vividIy to Mr. Battersby's recollection.
The Mining Exchange, of which Mr. DAILY was an &C.
tive member and treasurer yesterday adopted resolu
tions OF coincidence with the family. as folIows-
Whereas with sentiments Of the greatest sadness
late "sosas and John DAILY whS since
osgsniaasn Of this Exshange has been one o. It's most
the success Of this Rxchsnge Indebted Ills Kind and
sndesrsd him to III him the regard anu
~ with wnSm he % in ssns M n
gained for him our greatest confidence and esteem
family an friend. companion this their
s.ns. .a s n al %
WELL" they may be comforcd supported and sustained
respect Iate John r Daily that his Ex
until May at ten A. NJ that the members attend his
Resolved That these resolutions entered IN ui upon
tho minutes and copy duly atested be sent to the fam
lily OF the deceased
be very simple and BRIEF The usual pallboarers will
be dispensed with entirely. At ten A. NJ. brief
vice will be held at the late residence Of Mr. DAILY, aud
at conclusion the body will be escorted by the rea
tives and friends TO Greenwood Cemetery, where 1t
will be inferred
Mr. Daily would DO held at Tim Fiaherty's hotel Laurel
Hill, attracted considerable number OF people
ANXIOUS hear the statements concern
Ing the tragedy. In the barroom tho matter
was FULLY discussed, all passing rcgretiu remarks that
people Of the town should have been accused OF at
tempting to rob the dead when they had endeavored
In every way TO protect the body from desc
Grafton at the hands OF hso men sup
iamsburg IL seems that these fellows attempted
TO force their way into the old house IN which the
suicide had taken place and orclbly repulsed,
Mr. Kennedy kicking two Of them of the stoop. Mr..
Flaherty says they were not in his place at all, .
his fellow townsmen. AT eight O'Clock the
Jury were summoned into an upper room OF the hotel
and there the Coroner John Carol Of West Flushing,
stated that the inquest would be adjourned
Bowne's Central Hotel, where 1t would
mence Immediately Some Of the jury dcmurred,
perforce followed. Half mile up the road past the
scene OF the tragedy they tramped. followed by the
crowd, and q lew minutes alter reaching Bowne's
tho inquest was commenced, proving in its
singular features the remarkable that has
been held in the vicinity OF New York for years The
Coroner, in swearing the witnesses, specified tho
oath the evidence the witness was to testify. For
instance, "You to testify the truth as 10 what
you saw OF tho deceased and what you noticed about
HIM previous TO his death, and when and where you
siw him, &c. Tie evidence mainly corroborativo
oil the facts already published.
Mrs. sarah +. Bownes wife of the hotel proprietor
testified to seeing Mr.. Daily twice before his death In
the hotel on which occasions he acted SO pc-
cLary that she felt he OF his mind, to
body beng brought TO her residence alter DEATH Mr.
Edwin Ludlow, who resided In the same house with
Mr. Daily, testified to the excellent family relations
and good character Of Mr. DAILY TO his recent poor
health and business embarrassments, which went to
show that they had effected his mind. Mr. f. A. Van-
dcrhof, OF No. 1913 Lexington avenue corroberatcd
this testimony, adding that on Monday, April
&c ssSe ocer oSn
fed 10 the finding OF the body and It's subse-
auent removal BY order Of the Coroner the jury als
told by tho Coroner that only one must speak
time.
THE DocroR's STATEMENT
Dr.. Walter H. Zink, the last witness. read writ
ten statement Of the autopsy made by him yes
s.Sa death he rs ps ss ss es
wound In tho right temple. and second,
s.rangula,ion by being suspended by tho neck"
After he had read his evidence he stated he had
found inc ball. One oil the jury asked It, where
upon the Doctor stated that he had lett it at home
Tho juryman, Patrick CIohcsey, SAID he wanted the
full autopsy that purpotng TO be given by the Doctor
was not satisfactory.
THE JuRY's DEBATE
The discussion thus inaugurntcd then stopped
by the Coroner He said THAT Is the end Or the
evidence, and now, II everybody members of the
Jury will retire, will charge the jury" All, includ-
Ing reporters, were then put out OF the room,
The Coroner, his clerk, and the constable
Clohesey insisting that tho post-morlcm was
not sufficient. Tue Coroner took part in the de-
bate aud Tor over an hour the controversy was kept
up the book OF law brought by the Coroner being ire
qpcntly consulted by him and Cohescy decision
was reached that they would come 10 this city in
body and witness another autopsy; but, on
the suggestion beng made that they had no
Jurisdiction in this city. they dropped that idea. Next
they decided to send for the body and have brought
back 10 Woodsde, but when convinced that such a
scheme was inpracicable they gave up in despair AT
might be rendered. and on this proposition
they agreed ut ten minutes to midnight all
eide while temporarily .insane. During the whole
Of the discussion the glass doors to the permit
ted view TO outsiders OF the jury, While the
panes allowed their proceedings TO be heard hy them
The Coroner, taking his part IN the discussion
and hts clerk taxing notes, as If II was one OF
the usual occurrences in the deberaion Of 4 Queens
county coroner's jury, crowd meanwhile enjoying
themselves at the bar or discussing the successive
positions taken by the jurors.
The following is the testimony
MRS. s.. BuwxEs TEsrIMoyY
Mrs Sarah l.. Bowncs, OF wooGside, Newtown, L. L.,
last, May l. the deceased John I. DAILY passed the
hotel and appeared like who takiI g an evening
walk on Thursday no called in early IN The morning
and asked Mr. BowDes for u glass oil soda water: Mr.
Bownes said he would make him lemonade: deceascd
did not hear him at irst but accepted the substitute
and then went out; he did not rational ut tho
time, he seemed 10 be weighed down with trouble.
NJ nInc O'Clock the same morning he called again,
and after some little hesitation he entered; lie
seemed lost. and looked peculiar; alter the
usual sauiation OF Good morning" he stepped into
the BAR asked him II he wanted an ytbing to eat or
drink; he acted peculiarly and said 81 have but little
money this morning." he no. hut accepted glass
OF brandy. which he drank 10 warn his stomach he
only tasted IT, drinking but very little OF It; as
he drank Of II he looked at in a
very touching way, and said "God bless you
ma'am, - In such way that he brought tears to my
eycs waking up and down the barroom an agitalcd
manner he SAID looking AZ the old building, "Inat is
q large barn down there, pointing to the old house
he SAID somewhat diapidatcd he had noticed II
~ he came up he also asked In reference to
the church In Calvary Cemetery, aud the OF
many carriages being around the hotel being
told IN reply that Mr. Bownes was undertaken; lie
then after few moments hesitation, said &C bless
you. Madam; good morn ing - and walking around the
house went toward the old building; he not sano
man IN my opinion identified deceased the man.
Tns DgcgAsgDs BUSINESS rRoUhLEs.
Edwin Ludlow, No. 4 East Forty.seventh street,
testified that he was intimately acquainted with the
deceased, having lived with him lof two years and
having known him tor fifteen years; he has Ind no
dicuIty 10 his family relations his wife and two chill
drea are afcctonate and devoted, anu always have
been: Mr. Daily became involved IN building
ine Windsor Ho,el; unfortunately y was IN