Evening journal., 1890-11-20
LAST EDITION
TIE MANSLAUGHTER CASE
THE JURY WILL GET THE CASE
THIS AFTERNOON.

Pennsylvania House, went on the stand
in the Farra manslaughter case at conrt
yesterday afternoon. His version OF the
affair In his bar room agreed with that OF
Conrad He thought Sparks and Deyine
were under the influence of liquor when
they entered the barroom When
Sparks was trying to get behind the oar
witness saw motion, but did not Know
whether nevine or Farra struck the
blow. q heard nj words between them
He returned after getting Sparks ont of
the room. and saw Devlne on the door.
Wituess did not know he was dead uutil
Le was moved Fsrra was perfectly
sober and witness never saw him drunk.
DIR. John G. Fahey. the coroner's
physioian, testified that he examined tbs
body Of Devine and found the heart and
lungs In perfect condition. There was
a confusion on the head which caused
hemorrhage of which the man died This
confusion was the result of the fall.
Conclusion of the brain may be caused
by light blow. In the case of Devine
it was heavy fall. On Devine's fa,e
was q slight abrasion which might have
been caused by glaucing blow, not
heavy enough to cause death On cross
examination he said that death resulted
from the fall and not the blow from the
nbbs IL u l0Au Wctc AhbuAtbhbcR A7 WHAt3
have less chance OF recovery after such
fall Intoxication makes man more sus.
ce3tible TO fatal results
Otto NJ. Elwert testified that he heard
3 racket and went from the rssdipg room
to the bar room and there saw Sparks
trying to get behind the bar Then De.
wins advanced toward Fsrra with h9
hand raised Farra glanced at him and
made motion toward Devine and Devine
fell He could not see whether Farra
struck Devine or not Witness went
after a policeman and found Detective
w r. Jones When he returned the
body had been moved to the corner of
the room This witness testimony took
much time, because Of the direct and re-
direct cross aud re-cross examination,
which was ve y severe aud searching
The following prisoners were ar
raigned: Clara Lewis, larceny of money,
guilty; Ebenezer Fonzo. stole two sheep
worth $40 from the p, w. g. B. r. r.
Co, guilty; George Wilson, larceny of a
hat worth 25 cents, of the goods and
cbattels" of John Pyle, not guilty; Mar
tin B. Moody, burglary at house Of
Henry Torbsrt, Mi3eletown, not guilty
Clara Lewis was sentedced TO one
months imprisonment; Ebenezsr Fonzo
was sentenced to imprisonment for one
month. George Clark pleaded guilty to
the charge OF the larceny of pair Of
rubber boots. Arthur Green, colored
pleaded guilty to the charge of driving
of mare.
William t Jones, detective Of the
w. q B. Railroad Company, went on the
stand in the manslaughter case this
morning He rememberd that Elwert
had notified him of the trouble at the
Pennsylvania House. and on going there
found Devine lying in the corner of the
bar-room.
Before he went ne sent word of the
trouble to the police station Devine
was not dead, but his pulse was beating
family. He sent for DR.. Morrison who
arrived in ten minutes, five minutes
after Divine's pulse stopped beating The
body VAS sent to the morgue. Deyine
was heavier than FarsR.
Frederick L. Herr, a boarder at the
Pennsylvania House testified that he first
saw Sparks lying on the floor in the bar
room, his attention having been drawn by
the noite. He heard quarreling about
lodgings He went to the door and saw
Baumann and Conrad betind the bar and
Farra in the middle of the room, Devine
was leaning against the bar Sparks
jumped up and tried to run behind the
bar. Devine advanced towards Farrs
who had gone towards Sparks.
Devine had his arm raised and first
elenched. Farra never saw him until hG
was very close Then he turned anC
gave Devine push. the witness was no
clear on this point and a long argumen
ensued between Mr.. Bird and Mr. Biggi
upon Mr.. Bifgs's right 10 examine int
the credibility of the s ave's witness
The court decided that he had.
Mr.. Biggs then asked the witness con
cerning the difference between state
ments made ct his Office and on thl
stand. The exec. meaning Of the wor'
''push" was q factor in this. Mr.
Herz's memory was defective on hi
statements at the former time, but fnall
admitted that he then said that Farr
struck Devine On the sfand he ex
planned that he was German. and tha
In his language push. blow and strik
were represented BY the same word
On cross-examination, Mr. Herr wa
asked to coiGe from the stand and illus
trate the blow or push. Bsiliif Rane
represented Devine aud the witness
Farra. The witness made the motion
which was unmistakedly that Of
shoulder blow, and Devine must hav
been struck in the face.
James Brannigsn testified that Spark
and Devine were drunk, bub ms tesbl
mony developed nothing additional. Tn
state here rested.
The Defence Opens
Andrew Sanborn, Esq, opened the cas-
for the defence by stating that the pie
would be that Devine's death was the II
suit Of an accident, and that Farra d.
simply what he had perfect lawfI
right to do and he shoul
not be made to psy the penalt
for the deed. The defence woni
further show that Fsrra had goo
character, while Sparks had poo
character
Jacob Ehret, the only other witnes
of the affsir, was the first witness exam
ined for the defendant. He heard tn
trouble in the bar room an
went 10 the door He saw Fari
advancing towards Sparks, and DeviI
start towards Farra with his fist clinchs
as II TO deal blow. Two feet fro
Farra the latter glanced around and So
Devine coming He turned half WI
round and pushed Devine away with
lefC hand The witness illustrated th
motion.
DR.. willard Springer, Thomas
Talley. J. Davis Sisler, CharlsyW Puse
Francis N Buck, Charles g. Rumfo
and Charles w. Horn testified that Farri
character for peace and good order "
excellent
Harry Walker, Georges b. Woods.