The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-06-05
ELM,S DEATH.
Testimony Before the Coroner


Coroner stich began an inquest this morn
ing at 10 o'clock, on the body Of John Elm,
who came to his death on the l., G. Il L. r.
r. track, at South Bend day before yester-
day.
The particulars of the case and the ale
CATION tina lie had been murdered by Mar
tin Hamm rschmidt was published in yes
terdays STAR in full.
1t is now alleged that Hammerschmidt is
wanted in Kentucky on n charge of grand
larceny an | that reward of $500 had been
offered some time ago for his capture.
1t is also lid that Hammerschmidt served
q short time in cell No II, Hamilton County
Jail, under the name of Martin Schmidt.
Hammerschmidt, however, denies that he
has ever been in Jail
Theodore Stevens q lad of nine years, was
the first to give his testimony before the
Coroner.
He stated that he saw the two men, one
walking on the track and the other on the
outside of the rails The men got into q
quarrel. when Hammerschmidt struck the
deceased on the head with his fist, and
knocked him on the rails in kneeling po-
stion. Elm was struck again and fell into
the ditch, where he laid for a little while,
and then got up, going towards the
Hammerschmidt said "get off, and Elm
was about to get off the track, but the latter
said "he wouIdnt' and then the train
str0ck him. Hammerschmidt started off
for neighboring orchard. But one whistle
was sounded by the engineer.
| John Dunn, of Riverside, testified that he
was about seventy-five feet away from the
scene He saw Elm struck and fall Heard
Hammerschmidt tell Elm to get up. The
latter would not do 50, and backed up to the
main track, when the engine struck him.
He did not hear Hammerschmidt tell Elm
to get off the track when the engine APP
preached Hammerschmdt was about two
steps from the track at the time.
John Miller, a saoon-kceper at South
Bend testified that both of the men came
to his place about O'Clock in the afternoon
and ordered some beer The deceased also
got bottle of whisky, He knew nothing
of the accident.
DR.. j. J. Quinn submitted his post-mOrtem
examination, which showed there we're large
bruises on the left arm and slight ones on
| the right side of the abdomen. There was
also confused wound over the frontal
bone; the skull was fractured from about
the middle of the left paretal bone, and
ext Xtravasated blood pervaded the base OF the
brain.
| Patrick MOlOnCy stated that he saw moth,
ing of the accident, but that he arrcst ed
Hammerschmidt who was eating cherries
in an orchard.
Edward Wall, the engineer Of the locomo
tive which struck Elm, said that when
about six hundred yards from South Bend
he saw Elm in the track and another man
on the outside. The deceased seemed ex.
cited, but Mr.. Wall thought he was trying
to fool him and make him stop the engine
The whistle was blown half dozen times
before Elm was struck. The air-brakes
were also on.
Fireman Dwyer testified to a similar state
ment.
The Coroner rendered verdict of "deatl
from a fracture Of the skull received by
being accidentally struck by passenger en-
gine No 81 of the l., G. Il L. Railroad, June
Sd, near South Bend. | further find tina
the accident was due to the deceased having
an alteration on the track of said road a
the time of the accident with one Martir
Hammerschmidt, who detracted his (Elm's
attention, said Hammerschmidt being in
directly responsible for the accident.
HammerSchmidt was locked up in th'
County Jail to await a preliminary examin
alton in the Police Court Saturday morn
ing
He denies having been the cause of the
death of Elm, and says that when his trial il
called he expects to be dismissed.