The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-05-20
NAUGHTON'S DEED.
SeIf-Defense Is Pleaded to JUS
tify His Act.
Attorney 1euprey Makes the Opening State
ment for he Accused aud Outlines
the Story of the Homicide.

when the trial OF john +. Naughton 1or
the killing of Marcus NJ. Herr was resumed
yesterday morning Myron E. Stanford was
placed on the stand and identified certain
articles shown as the sash and window OF
Room II, Murphy Building. Cross-exam-
ined by Mr.. Deuprey the witness said that
he had made no measurements from the floor
to the point where the bullet had penetrated
the sash and window.
PrisOn-keeper Thomas B. Judson stated
that he was on duty at the Southern Police
Station on the night of February 3, 1890,
and he identified the pistol shown as one
handed to him that evening by Officer Ma
honey.
William Cullen, Property Clerk of the Po-
lice Department, identified the pistol exhib-
ited as one he received on February 4, 1890,
from Officer Newman.
Officer Ne wman testified to receiving the
pistol from the Prison-keeper at the South
ern Police Station and giving it to the Prop
erty Clerk.
MRS. BENSON TEsTIFIES.
The next witness called to the stand was
Mrs. John A. Benson, mother-in-law of the
deceased. She testified that on the night of
February 8, 1890, Herr left her house, where
he was then residing, at o'clock, saying
that he was going to insure the Archbishop.
She also identified several articles of cloth
ing shown as that worn by the deceased on
that evening She stated from her resi-
dence on Howard street it took about fifteen
minutes to Ieach the Murphy Building. The
suit her son wore that evening was not his
best.
Detective Hogan was recalled, and identi-
fed bundle of papers taken from Naugh-
tons person at the time of his arrest, but
on objection it was withdrawn.
At the afternoon session of the court
Eugene n. Deuprey began the defense, but
he stated to the court that, owing to the
failure of the prosecution to substantiate
its opening statements, he would be obliged
to modify his opening remarks. and, there
fore, asked that the hearing be continued
until this morning.
Judge Finn left the question of postpone
ment TO the jury, which was opposed TO de-
lay. Mr.. Deuprey accordingly proceeded.
HERBS CHARACTER.
The prosecution, he claimed. had not pro-
duced one fact to show that Herr was
man of high moral and Christian character,
or that he had been lured to the office for
the purpose of being murdered in cold
blood.
The counsel stated that he would prove
that tile defendant, John T. Naughton, was
born in Butte County, Cal, In 1858, and had
the advantage of an excellent rearing, sur
rounded Dy loving lanlly, anu was Bener-
ally known for his gentle disposition. he
met the unfortunate decedent, Michael (who
was known among his friends as Marcus
Montgomery Herr, first in 1877. Instead of
Herr being OF peaceable disposition, he
was generally known to be oyerbearing to
those around him.
OF wELL-KNowN PRIORITY.
Defendant, in his early manhood, had
shown by his acts that he was Il man of
well-known probity. He had been the sup
port Of his father for years. When Treas
urer of Sonoma County he had at one time
as much as $4,000 in his possession and
was without bonds.
He came to San Francisco in September,
1888, and formed the Guaranty Association,
aud up to July, 1889, worked hard to pro-
mote the interests OF that association. So
far as being forced to leave at that time it
was at the request of NJ. NJ. Herr that he
left III July, 1889, TO 20 TO Los Angeles 10
collect money for. that association. From
there he went to Rochester. y. Y, to see
his married sister and in his absence the
books of the association were kept BY
others.
QUARREL WITH BREWER.
The attorney then related the creum-
stances of quarrel about month before
the shooting. A friend of NaughtOn's, II.
|. Brewer, had gone to Room II, Murphy
uary, 1890. He knew Herr, who was then
on bad terms with him. Some words
passed, which ended in Herr ordering
Brewer out of the office.
Brewer made no reply, but took his UNI
brella and walked out with NaughtOn.
Alter that, on every occasion of meeting
Brewer, Herr took the opportunity of in
suting him. On the night of February 3,
1890, Naughton and Brewer went 10 the
Office of the Guaranty Association to obtain
some m0ney-orders to hand to the Treas
urer in the morning. They went in and
lighted the gas.
The door was shut, but any one with a
key to the room could open it. Naughton
went TO the safe, drew out the papers
needed and a pistol belonging to 5. st.
John, and Was about to close the safe,
when rap was heard at the door.
FATAL RAGE.
He went to the door. opened it, and Herr
was there pushing the door with all his
might He entered, pushing Naughton be-
fore him to the wire screen in the office.
He seemed to be in a great rage. and
Naughton tried to placate him, but to no
purpose. Herr took position between the
sale and the window where Ratchet was
usually kept, but not finding it picked up
heavy seal and made lunge at Naughton.
who escaped the blow.
Herr then changed the seal from his left
to his right hand, and with both arms up
lifted was in the act of administering a
death-blow to Naughton when the latter
drew the pistol, which an act Of Providence
had placed in his pocket, and fired. Herr
continued to advance, when NaUghton fired
again. bringing Herr to the floor. During
all this time Herr kept up voley of the
West aud most obscene remarks rejecting
upon NaughJon's birth and character
NaughtOn's arrest was then detailed, and
in conclusion Attorney Deuprey said that
his clients act was necessary to save his
own life The hearing was then adjourned