New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-01
OUTLINING THEIR CASE.
WEBsTER,s PLEA OF SELF-DEFENCE.
THE PROSECUTION RESTs-DrD GOODWIN TRY
TO MURDER THE PRISONER?

The prosecution put in little testimony yesterday
which strengthened It's in the trial In General
Sessions Of Burton G. Webster, slayer Of Charles f.
Goodwin, jr. The defence showed its hand
pleSeiy for the first time and outlined the testimony
npp which II basee It's theory Of sefdefeace. II full
crefence given to its Witnesses, the chief among
whom are more hess interested IN the prisoners be
half the defence will be strong. The story of the
tragedy az told BY the accused mans eide. that
Goodwin came to Websters to insult Evelyn
Granville that the prisoner opened the door and that
Goodwin hit him in the face, and that Webster fol
lowed Goodwin his room and shot him to avoid hav
ing his skull fractured with cuspidOre.
There a rumor about juror yesterday,
that one of the twelve had been tried for khlg man
and had been acquitted. This story could not be
corroborated and was denied by both sides.
The first witness Dr. Howard c. Taylor, of the
Roosevelt Hospital who testified that Goodwin was
brought to the hospital at about p. m. August .
lie the Of several surgeons, who performed
laparotony but without avail. Goodwin died al 10
O'Clock the next morning. Mr.. Mcintyre said that he
unable 70 have Dr. Schultze who also attended
Goodwin at the hospital. present The physician had
absolutely refused to attend the trial. The people
would however, have another witness to testify the
facts known to DR.. Schulize.
Deputy Coroner William A. Conway was called nexf
He made autopsy the body of Goodwin on
August 3. He found that death had been caused
by a shot wound in the abdomen
And the bullet went straight In 2" asked Mr. Howe.
1t did" said the witness.
brother Of the dead man. Arthur H. Goodwin,
al Minneapolis, took the stand next He told how he
with bis brother early on the evening of the
shooting Charles accompanied him to the Grand
Central Station where the witness about to
start for the West That was the last time he
him. The witness said that his brother thirty
four years old when he died He was five feet six
and n half inches in height and weighed about 100
pounds. The witness lived in the Percival when in
this city. having a room adjoining Ids brothers
APARTMENT. The witness was going West with his
wife on August o. lie had just been married and
was his honeymoon.
Did Your brother believe in God7" asked Mr.
Howe.
The witness didn't know.
Did you ever hear him talk against religion ="
asked the lawyer.
No sir l never discussed religion with him.
Didn't he say 10 you that he never went to
church, and would"
He never made such remark no me M MS me-
declared the witness
Edward f. Poor, Of the firm of Denny, Poor d Co.
IN worth~t. is relative of the dead man. He
,ossaed IN identifying the body of Goodwin, and 10
its burssl ii Massachusetts,.
RDurdsr1nn John Daily was witness next lie soid
how he snd Policeman James T. Smith went 70 0oon
wins room directly after the shooting. He saw the
broken c1.spidore near the door. ii was In about SIX
rsece-s he thought 1t seemed 10 him that IL hah
besp broken into more pieces since that evening.
Tho fragments seemed 10 be smaller now thah the!
were then. ..
Mr. Howe showed an interest in this statement
oWbat makes YOU think" he asked, THAT there are
more pieces now than there were thenf
.I examined IL at the time DR.. WINNER said 10
mo that the man had stumbled over it, told MIN
7 thought so too" The witness SAID ths pc4ore WI
Howe could stop him. Judge Cowng' OF courso'
rued all the answer out except the first sentence
Mr.. Howe then asked
"You think, then, that some one has lur'her oioA'A
the c,ispidore since you first saw t7'
That the ro,indsInan thought thus seemed Gear
enough but Judge Cowtng didn't want any mere
snn,cSitiors He said: Where will we land, MI Howe
II everything that is merely supposed Is auhi''eu "a
cvidence1n Mr. Howe didn't know where tse tiu
,,a land or at least he made reply save a bow
IN Judce Cowing's question.
Joseph Freed, an undertaken at No. SOB Ihiro7a'e''
testified to taking charge of Goodw1ns body anu ~
sending it 10 Boston for burial. linen d. A"'io
was recalled. Mr. Mcintyre handed him sup Vi
paper and asked him the writing On 1t was his own
IL was he said. The prosecuting attorney merely
had the paper marked for identification, saying ''
he would not put it In evidence al that uhio Inv
document contained the statement that Oharies r
Goodwin. knowing that about to die, mad De
clared that Burton c. webster, OF NO o-' "00V i'
second-st had shot him.
Mr. NIcIntyre was in a plight now. He has desired
to supplement the statements made by uooo"lh IA i'
room after he shot by others uttereu a' 'no
P1ossyeL Hospital DR.. Schutze OF the Hospi'ai sui'
heard these dying declarations but ne Is sun 'DV""
The prosecution Is also depending on Arthur bi'''S''
night clerk at the hospital, for important testimony
concerning Goodwins ante-mortem statements MI
Brasso WAS not In court, however, 50 MT Mcih''io
suggested All adjournment
Justice Mitchell wanted TO fill In the ufne oS
srg,iug "a proposition of law. lie "ahceo 10 "
IN begin with If the prosecution lntehdco |" can
stenhen Nacfarlane, elevator man at the fcrcrVai
nd
a.ses Mr. MCINTYRE said that H. would not uhiess
d.red To do 80 By the court Justice Mitchell quo'ed
pecoraer smyth and other authorities IN support "a
his position that the People should be compcneu !"
c.u these witnesses. Judge Cowing overruled TINS re
ores, aOf course your honor does not wish 10
sodce the question began the justice
That's not proper language u use "oio' ~
Judee Cowing, "a ht angrliy'
FINALLY court adjourned, an attachment nav
~ boon issued for Brasso at the request oil ASSISTANT
n,e ,t,mnov NcIntyre The recess began at
a, O'Clock and was to last for threequarters oi an
ho,r although Judge COwing gave nule grace
,,,or recoss Mr. Mcintyre and announced
,tt * Arthur Brasso had not been found, the prosecu
,ion would rest its case reservng the Hgh' u can
that witness II his attendance couid DC secureu III
,mc n NAV be said here that the people nave SUI
. lot OF testimony which they will bring out In re-
Initial Much OF this relates 20 Webster's past HE.
Mr. Hove arose TO make a complaint that the prosecu-
lion had not called two eyewnesses TO the shoouhg OF
stephen Macarlane, the elevator man, whose evidence
,ros impo,tant There were discrepancies In the
alleged ante-mortem statement OF GOODWIN, maue az
the percyal Flats and DE-. Schulze, Of the Roosevelt
uosnitsl 10 whom Goodwin had told that he had had
fight with Webster had not been called. Mr. Stapler
declared that Mr.. Howe had been informed that The
phvscian would not testify. Ibis the lawyer dened
and Judge Cowing called out. Well am not going
TO settle this question:
Justice Mitchell then moved that the two eye
witnesses be called by the people. that the defence
might have the privilege OF cross-examinng them.
Judge Cowng denied this motion again. saying that