The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-05-15
HIS LIFE AT STAKE.
Naught0n's Trial for the Murder
of Herr.
An Outline Of the Case for the Prosecution
The Death Scene Observation-Disclosures
in the Court Room.

When the trial OF John F. Naughton, for the
killing OF Marcus NJ Herr on February 3d. was
resumed yesterday morning A. P. Van Duzer, the
special counsel for the prosecution, made the
opening statement to the jury under an objec-
tion from Eugene n. Deuprey, counsel for The
prisoner.
Mr. Van Duzer recited the history OF the case
and the supposed causes OF the tragedy. He
said 1t would be shown that In 1899, Herr then
being Vice-President of the Guaranty End ow-
ment Association and Naughtoh Secretary, con.
siderable friction arose between them, owing o
the act OF the latter In drawing $4,000 OF the
associations money and going East in July. 1889.
A letter would also be produced in which
Naugh'on admitted taking the money. Herr
objected TO Naughton resuming his duties upon
MS reiurn which caused a bitter feeling OF hos
iily and prompted Naughton on one occasion
to wish for the death of Herr, who was a con
slant visitor to the office.
AN UNPRovoKED MURDER.
On the night of the tragedy he visited the Of
fee. but found II locked. He raped and was
admitted, Naughton and II. l. Brewer being In
the room. What occurred on that night Is alone
in the knowledge of the defendant and Ii. l.
Brewer. He would show that this was an en-.
tirely unprovoked murder. Herr was 4 man
who would so 10 the extreme to avoid a quarrel
with any one.
The accessories OF the homicide were here
shown TO the jury, consisting of the window
with bulle;-hole in IL, which it was expected to
prove was caused BY the same bullet that struck
Herr. The fact OF the shooting is not denied by
the defendant. -Four shots were fired, and three
OF them were accounted for. The fatal bullet
penetrated The right lung III such manner that
IL would be shown that Herr could hot have been
doing anything but retreating.
AN AFFECTING SCENE.
During the delivery of the opening statement
the defendants wife, mother, two children. two
sisters and other. female relatives entered The
courtroom AS Mrs. NaughtOn took seat be-
side her husband, she burst Into tears and the
other members OF the family were also moved TO
sobs. Naughion sat throughout It coolly and
apparently uncOncerned.
he first witness l.. p Tuttle who testi-
fed to the absence of e. LAWS as a foundation
for the Introduction OF his deposition, in which
he says that he heard Herr say before his death,
have been shot by Jack Naughton. Jack
Naughton murdered me-"
W. b. Tyler then Identified certain photographs
OF The scene OF the murder taken several days
af er the Killing.
Detective Robert Hogan stated that he had
visited Room IL in the Murphy Building on the
morning after the shooting and then described
the condition OF the apartment at that time. He
also identihed the sash aud window pane in
court as the western window of that room,
through which the bullet passed. Witness noticed
some blood stains on the window sill at that time.
Being shown photographs of the room, he was
asked whether the condition of the room as
shown In those pictures was the same as on the
morning OF The 4lh OF February, and lie an
swered In The affirmative, Mr.. Deuprey's obiec-
tion being overruled.
THE DECEAsED's CONDITION.
j. Anderson janiior OF The Murphy Building
testified that Herr was IN The office every day for
weeks. The position OF The furniture was the
same as shown In the photographs. The witness
fnfther said that when he entered the Office on
tie morning after The shooting he found Hers
SILK hat on the desk and bis Overcoat on CHAIR
Witness denied having said that he had noticed
fierce expression on HEIRS face and antlci-
pated trouble, or that he hurried into the ele-
vator. He did not notice whether Herr moved
stealthily toward the door after leaving the ee-
vaI0r.
F. Marion Wells the sculptor. produced two
plaster casts one OF HrrT's right hand showing
the bullet wound on the little finger He also
exhibited cast OF the left arm and saouids7
with lie Dack and front 10 the Inedlan line. IL
showed The mark of the hHiiet on The arm. The
casts, he said, NeYe made at the direction Of
Chief Ctowley.
THE DEATH SCENE.
DIR. g. W. Daywalt a physician, whose room
adjolned that of the association testf ed that he
heard a pistol shot, followed by Two or three
others fired In rapid succession; then heard
some one crying out at the top OF his voice, and
then again some one shouting Murder % The
Herr on the floor, smelling on his right knee and
| cutchng the desk.
He was moaning, but recognized the witness
| and III eply TO question replied: " am MUIR
| dered. John NaughtOn shot me-" After utter
| inG the Name "NaugbtOn" large amount of
blood came into his mouth, which he spat out be-
| fore finishing the sentence.
The defense made strenuous objection to the
| Introduction OF this testimony, but was over
ruled.
After this exclamation, continued the wit
| ness, Herr Tell back and died in nye minutes.
| AS the witness was easing the DYING mans de-
scent upon the floor, he found seal on the floor
| al his right knee. II was covered with blood.
All The furniture OF the associations office and
| large number OF photographs, with model OF
The room, are III court as exhibits i'll the tIial OF
| The case.