The morning call., 1890-05-23
NAUGHTON TESTIFIES.
He Relates the Circumstan ces Of
Herr's Death.
Medical Testimony as to the Latter's Position
When Shot Through the Arm.
Closing of the Case.

The defense In the case.of John F. Naughton,
charged with the killing OF NJ. NJ. Herr, pro-
duced yesterday DR.. NJ b. Estes, who made the
autopsy on the body Of deceas ed.
He gave the details of the autopsy and said
that II was sometimes impossible to follow the
direction OF a missile, even Immediately after
death. II Herr's arm was hanging in a natural
position, the ball would not have taken the
course it did. Under eToss-exantnation, the
witness illustrated upon Attorney Van Duzer
the course taken by the bullet that entered
HerI's arm.
The coat worn by Herr at the time he was shot
was put on by Detective Hogan and the witness
traced on the garment with piece Of chalk the
probable track of the bullet
Coroner j. NJ. Eaton testified as TO being pres.
ent at the autopsy on the body OF NJ. NJ. Herr,
and gave 1t as his belier that the arm was raised
when the shot was received.
POSITION OF HERR's ARM.
Ex-CorOner w. E. Taylor was next called to
the stand and illustrated his answers by means
Of skeleton: He stated that lie had had great
experience in gunshot wounds, having been sur
geon In the United States Navy for twentyone
years, from 1869 TO 1880 He was also Coroner
in San Francisco for five years.
In answer to hypothetical question, he said
that had the arm been quiet the bullet would
have struck the NTH rib, instead OF the third as
1t did. The higher up the was raised, tho
higher the bullet would strike the body In a shoI
passing through the arm. Ii was not possible
with the arm hanging in its natural position, for
bullet entering the arm, as Il did In the arm OF
Herr, to have struck the third rib, unless the
bullet was directed from below.
The defendant was then called and testified in
his own behalf that on the night OF the tragedy
orders and pistol from the safe
KNOCK AT THE DOOR.
AS he stood by the safe he beard knock at
lifted both latches. AS he did this lie felt
somebody push at the door, II was Herr who
seemed nee, to @ be very much excited Witness spoke
preached the iron door lie saw Brewer and
called him foul name. Witness put his hands
on Herr and said: FOR Christ's sake don't have
any more trouble. Let US go out, or go out
yourself"
Herr said: "I suppose I'm nobody. Pll sea
who Is running this office" Herr advanced on
witness, who retreated around the desk. Herr
all tins time was using foul language. Witness
slipped against chair. and when he turned round
saw seal In HerTs right hand. Herr struck
al witness twice without hitting him. The third
time Herr struck at him witness drew the pistol
from his pocket and fired in Herr's direction. 1t
was done 10 save mis- life, but lie did not know
Where the bullet went. he did not aim at Herr,
A LETTER EXCLUDED.
Under crosseXamlnation Naughton admitted
the writing of letter to Herr from New York
in which he iDtlmated that he was short in his
accounts. He stated that he thought Herr came
into the Office 10 do Brewer an injury, but denied
having said that he shot to save Brewer, or that
the latter stood behind him because he was
afraid of Herr. He had always been friend of
Herr and took his part month before in his
affair with Brewer letter said to be Injurious
TO The defense, as showing NaughtOn's desire 10
have Herr put out OF The way, was offered By the
prosecution, bur, under Attorney Deuprey's OBJ
jection it was excluded.
EnoS Brown and w. ii. Gagan. newspaper re-
p0TterS, who interviewed Naughton after the
shooting, were placed on the stand by tine prose-
cutton in rebuttal to impeach the denial OF the
defendant that he had stated TO them that 10
shot 10 save Brewer
After sever al witnesses had testified to Rerrs
good character an al jourument taken until
to-day, when the arguments will begin.
1t is expected that the case will go to the Jury
this afternoon.
7. Thomas Congerly of Dover is the heaviest
man in England. He weighs $50 nnnnds