The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-12
THE GUNSER CASE.
runrHER HEARING BEFORE sUsTIcE MARSHALL
H. AT NEwTowN-rEsrrMoSY OF THOMAS AND


rUnrHER HEARING BEFORE sUsrIcE MARSHALL
r. AT NEUTRALITY-SUSPICIOUS. OF THOMAS AND
OTHERS.
The examination in the Gunscr murder case was
continued before Jussoe Marshall At Newtown, yes
terday. MIRA. Gunser was court with her six chill
dren The father and mother OF tho muraersd man
were also present. At the opening of tho court Ar.
Kryieman counsel for Mrs. Gunser, August Gupses
and Llzzle Schmidt complaint Of Detective
Zundt, on the 4th inst, demanded that they should
have immediate examination. lie had appeared fog
Michel, who was awaiting tho action OF the Grand
Jury, and evidence had appeared that would mpIi.
cate either OF them tho murder
District Attorney Downing explained 10 tho Court
that Mrs. Gunser had only been discharged BY Judge
Barnard on her own recognzance to appear when
wanted, and that he was prepared to 20 with her
examination. He aware OF tho OF Mrs.
Gunscr until he read II in the papsrs Sunday
ing he tel, perfectly justified in his acton in
behalf as no evidence produced 10 naplicaIs
her in any manner, evidence to show any
pcity between Mrs. Gunger aud Michel There bad
been much contradictory testimony, but none TO i'm
plicato August Gunser nor Lizzie Schmidt In
OF the ABOVE facts nc would ask that the
examination be adjourned to some future day. Judgs
Marshall stated thai he, as well as the complain ING
Witness Detective Zundt. was or tho belief that MIA
6unser had been iuliy discharged by Judge Barnard
Consequently effort mad been made 70 obtain OF
notify witnesses to attend. such being The Ia,
would adjourn the hearing the above cases untA
THURSDAY, the 30th inst.
ADairrED TO BAIL.
Ia the OF Adam Martin, held for wlful and cor.
rurt perjury, Counsellor Hatch asked he be all
mlted 10 bail TO which the District Attorney con-
senied 10 DO gwen before Judge Armstrong, a. ia
maica. Ban was Excd IN tue sum OF $780, Elizabeth
Sehrin ana Andrew Roth becoming sureies for Asrtins
Tho examination OF jacob Esle, arrested on com
PAINT OF Detective Zund tho charge OF numbering
Gunser, then called. Ex-Jusiicc Francis NO
keuaa, connsei for Elsie. said that he behaved ms
charge made against The had already boon dis
posed OF, he having previously been admitted 70
bail upon the same count Judge Marshall
tod Elsie isis ono week ago on the org.
ina warrant. Counsel then moved for EsIe's
discharge on the ground that the testimony taken IN
the examination OF George Michel showed conclasIveiy
that tue prisoner ut me time of tho murder WAS NJ
home IN bed that three DINER parsons wore ~
the room, ana II would have been impossible tor hin
TO nave lett the house without their knowledgc Tnt
motion of discharge VAS denied, ana he District At
toraey offered IN evaence portion OF tue pris
oneFs testimony gwen IN tho examination q
Michel, which objected TO by counsel ior Elsie
record and couIu auy stage Of the proceed.
ings Judso Marshall saia thar II was question win
him whether II was not taxing right away IRON the
prisoner aud ruled that the testimony stand ~ only
against Michel.
MORE TESTIMONY
Elsie not called upon plead and Frank
Ruck stron, the hrst witness called, sworn ana
testified as iollows:--l reside IN Middle Village aud
have lived the OF Newtown about. years;
boarded with Andreas Thomas last winter Mrs. Hesler
Kept house Tor him; went TO board at Eisle's about
New YEARS.; Andrews came TO Eisles 10 board after
New Years; there was living IA sies house nysalf,
Andrcas and Elsie ana his wife, on tho night OF tho
from New Years until the time OF tho murder lhero
person living at Eise's except those hsvo
mentioned; Andreas unlocked The door on the morning
after the murder MIcnel called hlm and said Gun
mad b. murdered, ana Andrcas went out; Elsie
and his wiio at this time IN bed heard noiso
curing sunday nignt; ala not hear Esle say timing
when he heard That Gunser had been murdered; aid
not see Address or elsie 60 70 Gunssrs that morning;
remained there nearly hall an hour wncn returned
Mrs. Elsie and had the breakfast ready; alter
eatng my breakfast went TO work; said nothing 10
my employer about the MURDER when returned from
Gunser's 1 told Mr.. and Mrs Elsie tnat Gunser
dead not word said at the breakiGs table
about the murder; neither Elsie his wife asked
question about II; have never heard Elsie or his wife
express themselves IN any way about tho murder.
Andrea Thomas sworn, ana testified = Wentto Gun.
sers at i've clock on The mornng ai!er tho murder;
murder; told Elsie OF II; he said that he did not be-
licvo mat Gunser dead Tor 70 80 ana see II It
was true and back and tell him; hislc, hm VITO
nysel talked about The murder AZ the breakfast
table Elsie sad. SIT Is wonder that they Killed Gun
scr;'' Elsie went to Gunser's before breakfast lfho
witness testimony was u fat ntradct,on that gwen
! by Ruckstroh) In answer 10 the District Attorney
Thomas said that he lived upon charity paying Eislo
whatever he could Afford Tor his board; that ne was
not examined before the Coroner and gave notestl-
moDy at the inquest.
mo statement that no did not testify before tho
Coroner 10 untrue. 40 dad, and became very much
cited, the Coroner threatening TO lock him Tor
tempt Witness testimony as 10 whore and nov ho
spent the ng the night OF the murder was SUB
slanaly the as he before the Coroner, and
corroborativc OF Mrs. Gunsers testimony. Steps
only middling well on the night oil the murder, and
from the posi- lion III which he lay no person could 90
| out oil without hts hearing him, az no had
the key o. the door hanging on nai Ut The head Of
bed. and he found u there the morning aud tha
door locked as u was wnen nc went 10 bed.
Mrs. Victoria Gunser, mother Of the murdered man,
testified that the night oil tho muracr Elsie had
frequently SAID, al aid not xii hum (mcanng ner
SOM; THIS he said 10 the witness; some three wccka
alter heard Esla say, "The barber viii got
eighteen years III Sipg Sing no had two years before"
often neara him threaten parties with knife. The
further examination OF tho case WAS then ADJOURNED
until Saturday, September aLd Elsie was rcmandcd
| to the the sheriff since his confinement IN
Jail has become very nervous ana INDUCES In MS OK
weeping Upon he asked the Keeper
If hanged II the town would provide Tor his wife
who Is In constant Attendance upon HIM