The morning call., 1890-05-21
NAUGHTON'S FRIEND.
Ill. l. Brewer Details the Incl
dents of Herr's Death.
q Juror Who Conversed With Female Rela-
tivss Of Deceased = Overriding Of
Motion to Dismiss the Jury.

! When the trial of John F. Naughton for the
killing OF NJ. NJ. Herr was resumed yesterday be-.
lure Judge Finn and the Jury, Attorney DeupIey
stated that one of the jurors. John Il. Wyke.
had been conyersng with two OF the relatives OF
| the deceased.
In response to demand of Judge Finn the
Juror explained that ne had spoken to the ladies'
only on the subject Of Mr. Herr's character.
Inc Judge expressed himself as amazed, and
Mr. Deuprey asked that the jury be dismissed
iof lhls reason. but the motion was denied.
BREWERS QUARREL WITH HERR.
The first witness called was H. |. Brewer,
solicitor Tor The Guaranty Endowment AssOcia-
ZION. lie rec0unted The row which he had with
| Herr in the cOmpanys office in January, 1890
arising over the habit of using tobacco. during
which Herr threatened to throw him down the
stairs.
subsequently Herr and the witness had an en-
| counter in trout of the Baldwin Hotel, In which
the deceased said they would have to settle their
| quarrel with guns The witness did not see
herr again until the night OF the tragedy which
| ne then described, commencing with Nangh toms
entering tile office of the association for some
| papers about o'clock In the evening.
while taking something from the safe a rap
| came at the door. NaugIton partially opened the
door and then attempted TO close it, but the door
was Violently pushed back and Herr entered AS
ne came IN lie applied disgusting question to
Naughton, who said "For Gods sake Mark,
leps have no trouble here" They both entered
through the screen door.
Herr threw his hat and coat on the desk
Naughon said, Don't make a fuss here" or
words TO that effect Herr had his overcoat and
| nat on when he came In. His language all this
Time was disgusting. Herr forced NaughIon
Clear around the desk the latter trying 10 pacily
| him all This time.
IN GREAT EXCITEMENT.
Herr appeared to be in a state of great excite
,nent. At The southwestern corner OF he desk.
GOD nf
the seal. NaughtOn was in front OF Herr ali the
| time and had his hands appraised in attitude Of
paclhcdti0n. Herr struck at Naugbton three
| Tines with the seal.
The latter was retreatng at the time of the
strokes AT the third Herr was at the North
west corner OF the desk. lie there changed the
| seal from his right to his left hand, While his
! arms were upralsed. He then threw his right
| hand with quick motion to his hip pocket. Wit
ness shouted to Naughton, "LoOk out, Jack"
Naughlon saw The motion as quick as witness,
ana hred at Herr After The first shot Heir ad-
| Vanced toward Naughton.
! Three or four shots were then fred. Witness
| Kept the desk between Herr and Naughton all
thls time, backing out Of The way. Al the time
| Herr picked up the seal he said PHI do you
| Doth up" Naught0n, as the blows were struck,
Jumped back, saying: " Mark. Mark"
HERR SHOUTED MURDER
Witness made an effort TO open the screen
! door, but could not Looked back aud saw Herr
! 20 to the middle window, open 1t, and shout
murder. Witness supposed he was not hurt,
! ana said 10 Herr: Don't make a fool of your
self" During the shooting Herr at no time was
| ON the toor III kneellug posture.
Naughton had gone out when witness made
| The remark TO Herr. After witness spoke to
| Herr lie could see that the latter had the seal
sun ln his hands. Witness then went out
| rapidly aud found NaughtOn at the turn OF the
| hall from Room IL. He was speaking TO man
! whom lie called doctor. asking him to 60 into
| Room l.
| Naughtcn asked witness to 60 in and lock the
SAFE. Went III and found Herr kneellng on The
| Moor between the window and the desk The
| zeal was Ia front OF him. lying fiat the floor.
| Dr. Daywdlt was with witness. The doctor
! asked questions as to who did the shooting. The
answer was Jack Naughton."
HAD BEEN GOOD FRIENDS.
Under cross-eXaminaton Brewer stated that
| tary, and supposed that Herr was also solic-
| ftoT. Did not know at the time that Naughton
| went East In July, 1889. In Naughton's abb
| sence witness transacted business with ST. john
Herr aud witness had been good friends, and
never had had any words OF any UNPLEASANT
| the Murphy building. When Herr used the ian
| guage referred 10 In front OF the Baldwin Hotel
| witness struck him In the lace and Herr kicked
| al witness twice.
After that saw Herr frequently. but did not
speak TO him. Prior TO July, 1889 witness
thought the relations between Herr and Naugh.
ton were friendly. After Naughtons return
| from the East lie did not notice any difference of
their conduct toward each other.
| The same witness was continued on the stand
during the whole OF the afternoon, but without
! eliciting much new evidence. he was unable TO
| say how many shots were fired nor what Herr
/ Gid after the last shot as he tried to escape. He
! observed IN going out that Herr went 10 the
| window. The seal was still IN Herr's hands
when he turned from the window
An hour more was lost in legal wrangling
after which the further trial was continued until
| to-day.