The morning call., 1890-05-16
HIS BEST FRIEND.
Naught0n's Trial for the Killing
of NJ. III. Herr.
The Prosecution Not Ready With Witnesses.
Reckless Handling Of a Pistol by
the Peoples Counsel.

The trial Of j. F. Naughton for the killing
OF Marcus NJ. Herr was resumed before
Judge Finn and the jury yesterday. The
wife. child and mother of the defendant
were present as was also the mother OF the
deceased. During the day very little of an
exciting character transpired, the testi-
mony given being chiefly a repetition of
what has already been published.
The case opened by the Court taking
Eugene n. Deuprey, who represents the de-
Tense, to task for being late. After the
usual apologies made in such cases, A. Van
der Naillen was placed on the stand and
produced diagram of the room in which
the killing had taken place, and which he
had made at the request Of the prosecution.
The object of the diagram was to show to
the jury the exact position of the furniture
in the room and the respective distances be-
tween the different pieces.
The diagram also showed the supposed
course Of the bullet which killed Herr
This measurement was placed on the dia-
gram, the witness stated, at The request of
Detective Hogan. This part of the diagram
was stricken out on motion of the defense.
Considerable wrangling took place regard
ing the admissibility Of the representation,
anu ~ wac undlI1
A perspective view Of the room on the
night of the shooting was also introduced,
but the witness admitted that it would be
Impossible TO make correct measurements
OF the actual position OF the furniture at the
time of the tragedy.
HER CURIOSITY WAS SATISFIED.
Mrs. a. Gottliebson followed and testified
that she occupied Room 20 in the Murphy
Building on the evening upon which Herr
killed. She in raa6nC
paper about Z 30 o'clock and heard a shot.
She started up, but before she could reach
the door OF her room she heard two more
shots. She opened her door and saw
to this room actuated by curiosity and saw
Herr on the floor trying to get up. She then
ran back to her own room.
DR.. John McCosh testified that he heard
the shots, ran into Room II and found
Herr in dying condition. When he en-
tered DR.. Daywalt and II. l. Brewer were
present besides the deceased
i. Is. Johnson, after being sworn, testi-
fed to being in Room II and seeing Herr
on the floor trying to rise. The witness
Room II of the Murphy Building on the
night Of the shooting.
III. y. EuTnlss, q swltchman on the Market
street road, was next called. He was In front
OF the Murphy Building on the night of Feb
Tuary 81 last and heard a shot fired at Z 81
o'clock, followed after a short intermission
by three others. A window in the Murphy
Building was raised and a man shouted
MurderE be only remained at the win
dow Tor few minutes and disappeared.
THE AFTERNOON SESSION.
at the afternoon session of the court At
tOrney Van Duzer called the names of sew
eral witnesses, none OF whom responded to
the bailiff's call. Judge Finn rebuked the
prosecution Tor not having its witnesses on
hand.
~ fha ;af 81 d. Al.
Judge. and cannot manage the direction
of witnesses. That belongs to the District
Attorneys office. / do not want any ex-
PLANTATION. The prosecution had ample tims
during recess to have its witnesses in court"
Officer ID. MahOney was next examined
and testified that he was passing in front of
the Murphy Building about 80 o'clock,
when man who called hims elf Naughton,
came uD TO him, saying he wanted to be
taken in charge. He said. 81 have done a
little shooting. have shot my best friend"
The officer asked him whom he had shot.
and the reply was:
Marcus NJ. Herr I roomed with him in
Washington. and we were the best of
friends"
why did you shoot him2" asked the
officer.
Because l was placed in position where
l could not get away, and had to either kill
or be killed"
81 then asked Naughton to go upstairs"
SOh tuO Witness Uub ITO ShIu Illdb Ub
did not want to see the man he had shot
The crowd was so great around the build
ing that thought 1t was best to get him
away, and took him to the police station.
On the car l asked him If he had the pistol
with him, and lie gave one to me. i did not
examine IL at the time, but gave it to the
priSon-keeper. An hour afterward | exam
med 1t, and TO una four empty shells in it
and one empty chamber"
RECKLESS HANDLING OF THE PISTOL.
The pistol was introduced in evidence.
and during the examination Assistant Dis
trict Attorney Love, In handling the weap-
on, pointed it at the Court.
MIR. Love, interrupted Judge Finn, 81
don't know whether that pistol is loaded or
not, but would prefer you would point it
In another direction. The life of the Court
is necessary for the continuance of the
case"
The witness concluded his testimony by
stating that on the car Naughton acted very
neryously, and repeated that he had killed
his best friend.
Attorney Van Duzer then offered In evil
dence the testimony Of LAWS in the Police
Court, but the defense objected on the
ground that 1t is not official, that the Police
Court ID not court OF record and that the
necessary diligence had not been taken to
find the missing witness.
The Court ruled that reasonable diligence
had been used to obtain the witness, but
that the Police Court testimony had not
been properly authenticated.
Thomas Smith, messenger OF the Morgue,
was called and testified that he took the
clothes off the body of Herr when brought
to the Morgue. The clothes were intro
duced in evidence and identified by the
witness as those which he had taken off
the body of the deceased.
When the bloody shirt was held up for
the inspection of the jury the female rela-
tions of the deceased were considerably at
fected. The clothes were introduced in or
der to show by the holes in the garments
the position Of the wounds.
NOTES OF THE AUTOPSY.
DR.. Estes, who had with him notes of
the autopsy made by him, testified that he
found on an examination of the BODY three
bullet wounds-one four and half inches
from the top Of the shoulder on the left
arm, which passed into the body; a second
in the left side, two and halt inches pos
terror to the axilary line. and q third on