The New York herald., 1879-09-18
FOreShadowing a Theory of Conspiracy
Against the Accused.
A QUESTION OF TIME.
Endeavoing to Prove the Absence OF
Fermentation,
BnrpGEpoRr. Sept. II, 1879.


Schulte's bleeding corpse. and thus might have
stained his trousers with blood others to point out
that there sufficient time from the arrival OF
the train TO the time when Buchhoz came running
into the Warnings house for the prisoner to have
perpetrated the murder: still others to show
that the articles found in the barn. whose
presence implicated Buchholz were put there by
some other person as part of scheme to inculpate
the prisoner, and u and surprising piece of
testimony was added by Mrs. Waring to prove that
Buchholz was so far from contemplating the MUIR
der of Schultz to invite her to accompany them
on the walk which had sanguiuary end Buch-
hoz looked much better yesterday. He sleeps well,
and had quite fresh color in his formerly
and pale counenance. He says he is ready and
expects to be called witness. but the general i'm
preston is that he will not be called.
DR.. Moses B. Pardee. recalled by the defence. was
asked whether he did not consider it impossible for
the deep wound behind Schultes ear to have been
caused with the of the head of the axe 1t hav
ing been previously stated in evidence that the
wound probably produced in this way. He said
he did not consider it possible. and thought the
wound must have been inflicted with round, blunt
instrument.
States Attorney Olmstead did not seem to like this
testimony at all. and taking the battered rusty
in his hands and ferociously swinging it queried:-
Couldn't man by striking upward this way pro-
duce it?" but the witness reiterated his negative
answer.
Lewis J. Blake, a South Norwalk lawyer, testified
that the day after the murder he visited the
scene of the crime and the barn. and found an old
bloodstained there, which, however. had chicken
feathers sticking to it, he did not the pistols
and other articles subsequently found in the barn,
although he made a careful examination Of the
ground.
PLAY.
George A. Barton. who examined the field on Sun
day, testified that he found pistol and the pris
oners counsel picked up one OF the revolvers pre-
viously identified schulte's and asked. els this
it p at the time pointing 1t coolly in the d
rection whore the States Attorney sitting Mr.
Olmstead jumped up and said. with a sero-comical
expression u don't want you to kill me-"
. "But want to kill .ou before this is over"
the reply of Buchhoiz's counsel. and Buchholz
himself passed his hand over his face and laughed
The witness also swore that he the box Of
tacks. keys and brush and, it having been prev-
ously testified to that none of these articles were
found there on Saturday, this testimony foreshad-
owed the theory of the defence that they pur-
posely placed there by some person between Friday
night and Sunday to strengthen the suspicion against
Buchholz The witness swore that in his Judgment,
the articles could not have been thrown there acci
dentally, as they lay partly under stone and close
to the wall, but that they must have been placed
there.
Edward Hoyt contradicted the testimony of Mr.
Allen, who had seen bloody tootprints-supposed to
have been those of the prisoner-in the sink
room at the Warnings. He only saw o few small
spots of blood.
Mortimer Hoyt, the next witness. created some
thing of o hilarious sensation by his declaration
that the States Attorney himself called his
to the chicken feathers the axe, and, although the
latter stouty tried to controvert this assertion
witness stuck to it positively, raising general
laugh against the States Attorney, who had hitherto
strenuously fought against the evidence on this
point.
Charles Stauss called to prove that Buchholz
had hold OF the body i'll carrying it to the house. and
thus might have stained his trousers with blood.
The States Attorney in crossexaminaton, tried to
establish the fact that Buchhozs hand not act
ually on the body. but the witness thought it was.
Josiah Irisham testified that on the Saturday after
he drove by the spot where the was
found on SUNDAY and saw no watch there-another
'.straw of the defence pointing to the probability
that the article was placed there to suspicion
against the prisoner.
Bernard Reynolds testified to seeing Buchholz
stand close to the bleeding corpse OF Schultz and
carry it to the house
BUcHHoIzs MOVEMENTS
William II. Richards Schultz alive on the
might OF the murder; he passed Schultz and Buch-
holz on the railroad track and noticed that Buch-
holz walked about twenty feet ahead of Schultz.
Gustave Pilzer who keeps u barber shop in the
Davis House, at South Norwalk, related how Buch-
holz, on the day OF the murder. waited for Schutes
return from New York. while waiting Buchholz
went up stairs as usual and there about half an
hour playing with OF his children. talking baby
talk and laughing; when schultz arrived Buchholz
and Schultz drank bottles of beer together talk
ing as they drank and then they went out together
Julius NJ. Eliendorf testified to giving the pris-
oner English lessons from November to the day Of
the murder. on which the last lesson given;
the lesson began ut ten O'Clock that morning and
lasted an hour and half: on that day Buchholz's
manner and conduct were just usual and his at
tenton to his lesson was close he was altoge gether
avery attentive scholar and learned rapidly at the
time OF the murder the prisoners knowledge of the
English language was still very slight however, and
he was not able TO converse in 1t.
Mrs. Amelia Warng gave some surprising testi-
mony. She first of all contradicted the testimony
llan IN thA Ix rt,.t1 81.
''sink-room of the house. aud denied that she had
called his attention to them. On the afternoon of
the murder Buchholz before going to meet schultz,
asked her to come with him the walk would do
her good, but she did not go.
Mr. Olmstead cross-exainined the witness hotly
and Insisted on Knowing why she had not remem
bered this incident when she the stand before,
and when she was 80 fully examined as to her entire
knowledge OF the but the only explanation she
gave Of the matter was that she had forgotten it.
Thomas Doran who working tho tele-
graph line ut South Norwak last December, swore
that on the 18th of that month he lost q pair Of
climbers; pair OF wise, a hatchet. pair of pliers
and coil of galvanized iron wire, size No. 8; he
never found them or heard OF them since
The two Misses waring. daughters OF Mrs. War
Ing corroborated the previous evidence as to see-
ing no bloody footprints in their house. and added
new piece of testimony by stating that on the
Saturday night they saw a strange man 90 toward
their barn Where the articles preyionsIv rferrcd 70
were found on Sunday.
scHuLTE's REAL NAME
Judge Asa b. Woodward, of Norwalk, testified to
drawing up the deed of the farm which Schultz
bought in 1871 in the name of Johann Heinrich
ocHuite, not Oh John Henry Schulte. This was
In the line OF the previous efforts of the defence
inyalidate the indictment because 1t charged Buch-
holz with the murder of John Henry Schultz, while
the defence will technically claim that such per-
son existed. The witness also that that
OCCASION Schultz paid tor the farm 900 cash. in
stead OF drawing check in the usual way-a point
on which the prisoners counsel dweit with special
emphasis. presumably to show that two years ago
Schultz aroused the cupidty of tramps by display
ing large sums OF money which ne wore his
person.
MIR. Smith then formally offered in evidence tho
will OF Schultz TO prove that he at regarded
Johann Heinrich Schultz" as his own name. and IL
was admitted by the Court.
Charles Il. Crave, Coroncr's clerk Of South Nor
walk, was questioned to the time 10 would take
walk from the station to the last stone wall, near
the scene OF the murder. He said 20 a minutes lie
said he and two friends walked the distance last
Sunday to tes the point at the request of the pris
oner's counsel.
william ii. Richards. who had Schultz and
Buchhoz walk on the railroad track on the night of
the murder and who also witnessed the "walking
mntCh the HtAin'a unfi oil