Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-12-09
BAER FOUND GUILTY
Of Manslaughter in His Trial for
Killing Thomas Daily.
QUARREL BETWEEN TWO FRIENDS.
The Jury Only Required Forty-Fiye Min
utes to Find Verdict.
COURT NEWS OF THE DAY TOLD BRIEFLY

John Baer was tried yesterday before
Judge Stowe, on the charge of having
killed Thomas Daily, letter carrier. and
after 40 minutes deliberation, the iury re-
turned verdict OF guilty of manslaughter.
Daily died at Mercy Hospital, on Sep
tember 26, from a wound in the head
alleged to have been inflicted BY Baer in
the course Of 4 fight some time previous.
AT the trial yesterday there was but little
trouble experienced in securing jury. The
Commonwealth was represented by District
Attorney Johnston and Attorney Morrison,
while ex-District Attorney Porter and
Messrs. Scaife and Goss conducted the de-
tense. The first witness examined was Mrs.
Daily, the wife of the deceased, who testi-
fed that she saw her husband at the Central
station the morning after the fight with
Baer. He had large cut on his temple.
Mrs. Daily took her husband home and
kept him until he lost his reason and ran
out of the house. He was then taken to
Mercy Hospital, where he died.
DAILY AT CENTRAL STATION.
Police Surgeon Meyer testified that he at
tended Daily at the Central station. The
deceased had severe wound on the temple,
which had been made by some sharp instru-
ment, probably knife On cross-examina-
| tion DR.. Meyer said that the wound could
have been made by stone if it was sharp.
DR.. Meyers, OF the Mercy Hospital staff, was
called and corroborated DR.. Meyer.
Officer Ben Hughes testified that on the
night of the fight he was on duty on the
corner of Wylie avenue and High street,
and heard Baer call Daily vile name. The
two men then crossed the street and the wit
ness saw the defendant strike the deceased
twice, once back of the ear and once on the
side OF the face. The men then cinched
and fell into a cellar where a new house
was being built.
Daniel Mccarthy testified to having heard
Baer calling Daily a vile name on the
night of the fight. Thomas Barry heard the
defendant tell Daily that be was no good
They were standing on the corner of High
street and Wylie avenue ct the time.
The Commonwealth rested at this point
and Attorney >Goss opened for the defense
stating that they expected to prove that
Daily was killed by the fall into the cellar
and the defendant was in no way responsible
for his death.
John Baer, the defendant, was then placed
on the stand. He testified that his only
remembrance of the affair was that he had q
dispute with Daily about some beer and
started for Powers liquor house to settle the
dispute.
FRIENDS AFTFR The FIGHT.
They got as far as the new buildings, when
Daily struck at him, and they clinched
and fell into the cellar. The next day he
found himself in the Central station with
Daily, and they talked together and were
friends. The witness denied that he used a
knife, and stated that he did not carry one.
On cross-examination the witness denied
calling Daily a vile name in front of
Officer Hughes. The witness admitted to
having been indicted in 1888 for assault
with intent to rob, but was not convicted
of it.
DIR. Chesrown, Jail physician, testified
that he attended the defendant in Jail, and
that he was suffering from a very severe
scalp wound and was hurt about the
shoulders.
Frank Porter testified that on the night
of the quarrel he was on his way home from
the theater and saw the two men scuff1ing,
and saw them fall into the cellar and pull
two barrels with them. The witness
further stated that Policeman Hughes
could not have seen the scufle from the posi-
tion he was in.
This closed the case. The arguments
were made by Attorney Scaite for the de-
tense and Morrison for the Commonwealth,
and were limited to IL minutes each. The
charge of Judge Stowe was very clear as to
of manslaughter.
turned verdict of guilty of manslaughter.