, 1890-06-26
THE AFTERNOON SESSION.
Shortly After 4 O'Clock tho Prosocu
ton Rested Its Case.

tion Rested Its Case.
When court convened In the afternoon
witness Neusen was recalled and testi-
tied.
when won't up to MoCrossin
asked him where the ball had struck
him. lie put his hand to his right side.
then asked him who slot him, and he
replied Harry Baer shot me, He then
said something about money matters
and his wife, but his words were unin-
telligiblc and he seemed to faint away.
| Then he was carried oil.
John Miller testified that ho was ac-
quainted with McCrossin.
II saw him at the undertnker's after
| no was shot. lie was alive when ar
rived but died in almost half an hour"
/ Dr. Russell was again called, but as he
was not present bench warrant was
issued tor his arrest.
JOHN W, rfNpoN.
| The next witness called was John w.
| Findon, q clerk in Epperson' shoe store
Where were you on tho night OF
Janurry 10th lastT'
"On Riverside avenue"
"Did YOU sce the shooting of McCros-
sin by Harry Baer2'
"Yes, | did. McCrossin was standing
on the edge OF the sidewalk and Baer
near the tents
"How many shots were fired?'
! "fhcro were two Tired by Baer. After
the second shot ran
"Did you see McCrossin after the
shooting2"
NO"
ss.examination-The defense had
witness tell at length his employment
| for the past two wears, after which he
asked him the position OF the two men
when he first saw them.
| "Baer was pushing u man up the
street, and McCrossin was going along
side OF him. Baer said, This Is none OF
your business keep away. You -
- 49, ---, I'll make 1t my business,
replied McCrossin. Baer then suid, Get
away, ----- --- - opium iiend. i am
no opium, tend -- - YOU retorted
McCrossin."
"Did you soc Baor strike McCrossin Z"
81 did not
"Well2"
"AIcCrossin threw his hand around to
his left side and Baer drew his gun and
fired twice in rapid succession"
| What sized man was McCrossinp'
| "Oh, | should say about three or four
inches taller than Baer, and would
weigh over 100 pounds"
Witness stou,ly denied tho fact that
Baer struck, slapped, or in any way as
Billy Young, the bootblack, took no
part in the fight
GriHitts tried his level best 10 get wit.
ness to say what ho thought McCrossin
meant by throwing his hand to his left
! hand pocket, but the court would not
consent to his giving his opinion in the
matter.
DR. RUSSELL APPEARS.
At this juucture of the proceedings
DR., Russell came into court accompanied
by deputy sheriff.
Have you been subpenaed in this
ease?' asked Judge Mount.
NO, have not"
There has been no return OF a sub.
pena in this instance" put in Clerk
Armstrong, and Crier Sanders snid that
the court hook shows no subpoena in
the case of DIR. Russell.
That is all that saves you," replied
the court. "rake tho stand"
DR.. RussclPS testimony was as follows:
II was called about fifteen minutes
after the shooting. | found McCrossin
suffering from bullet wound in the
right side
"What was the immediate cause Of
death2'
'lGternal hemorrhage. The bullet
went in between the tenth and eleventh
ribs, | think"
!
know of your own personal knowledge
that this was Henry McCrOssin, do
your"
mo, do not I had never seen de-
ceased before"
II. n. BRACKrrr
was the next, last and most important
witness put on the stand. lie told the
story of the shooting in very straight.
forward manner as follows;
"On the night of the shooting | was
walking down Riverside avenue, and
when in front Of the Real Estate saloon
noticed two men ahead of me. Their
loud talk attracted my attention. | was
on my way to the Palace restaurant in
company with my partner, Mr.. Otis. In
passing them ! heard high words. and
| turned TO sec what was going on. saw
] tile defendant slap his companions
| face. | heard more words, and then
[ | saw Bacr strike the man In
the face again. MeCrossin was moving
west. No violence was used except the
| two times Baer slapped MuCrostn. Nc
| Crossin asked Baer to leave him alone
! several times. Then they had some
/ talk about each other having guns, and
| McCGossin put his hand In MS right
! hand hippockct AMI turned II inside out
| to show that he was unarmcd. lie said
to Baer that II he persisted ne would re-
/ sist, and then they came together.
"Baer reached IN his pocket, drew his
| revolver and fired. McCrossin WINGED
as II hit, lie backed up against the tent.
/ | started across the street and, looking
back, | saw McCrOssin waS also coming
over lie walked with difficulty and
held on to tine sides of the Palace restau-
rant for support when he reached the
| sidewalk Hc soon dropped one knee
and then rolled over. The police soon
arrived and carried him away. That
was the last ] saw of him"
! ss-eXamination-" long have
you been In tho statey'
| About two years and a halfh
| Witness WAS then had go over all his
movements prior To the shooting. He
/ even had to answer whether there was n
woman In his box at the Comiquc, from
which he was coming when he saw the
shooting.
"Did you see Baer pushing any one
| In front OF himg'
"No, / did not. The only third party
was some one trying to make peace.
"Nhat conversation did you hcarT
Just before tho first blow was struck
| both made some very insulting remarks
and then Baer struck McCrossin."
what hand did he use?'
''lIls left"
Then what Happened? 2"
"McCrossin backed away and snid
/ that he did not want any trouble, acting
very cowardly as | thought"
What occurred after thisP'
"Thcy had more words and Baer
/ again struck him."
| "What hand did lac use this timer"
"Thc same; his LEFT.
| what was he doing with his right2"
"He had this hand In his coat pocket
| all the time"
| "What was McCrossin doing with his
| hands all this timer