Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-06
GIVEN TO THE JURY.
Burleigh Asks fer Second Degree
Verdict in the Huser Case.
BARNEY is LIKELY TO ESCAPE.
Chinaman and White Eeauty Take
Out a Marriage License.
YESTERDAY ~ %FE C.UNTY COURTS

The Huser murder case went to the jury
last evening" TIE Commonwealth rested
YESTERDAY forenoon, after the cross-examina-
tion Of W. E. Rue vas completed. Rue
was the most important witness for the
prosecution, as he testified to seeing Henry
Huser and William Croft push Kelly up
into the corner, where he received the fatal
wounds.
Mr.. Patterson, for the defense, said it was
unnecessary to make an opening address
and proceeded at once to call character
witnesses for the defendants. These were
Robert Young, Henry Landerfeld and Will
lam R. Suffers, all citizens of MononSahela
CITY, and all of whom testified that the de-
PENDANTS bore good regulations.
Mr.. Croft was then put on the stand. He
said he had been in Lang's saloon, in Web
ster, when the fight began. He ran out
with the crowd and in the scuffle was cut on
the arm He denied the testimony of the
day before which implicated him, and said
be did not have a knife at all.
Did Not Have a Knife.
Henry Huser was next called. He was
also in the saloon when the row started.
AS soon as he reached the outside someone
struck him and he got mixedup in the crowd.
He was thrown down and hurt. When he
got IN again he went back into the saloon.
He also denied having knife in his posses
sion or having had any part in the cutting
of Kelly.
Barney Huser, the other defendant, said
he had been living or bench in the saloon
sleeping, when the fight occurred. Before
L L - 1,, 90 at,f
side the fight was over. He had no knife
and knew of none of the others having one.
When Ralph Dixon was called, little
life was put into the case. The witness was
in the saloon when the trouble began and
Immediately started home, and he began to
give as q reason that he knew Kelly to be
dangerous man in fight and he concluded
he had no business there.
District ATTORNEY Burleigh objected to
the witness proceeding on the ground that
it made no difference what Kelly's reputa-
tion was, inasmuch as the defendants had
not known it to be bad.
The Court sustained the objection. Mr..
Patterson then tried to show the character
of Kelly, and Dixon said he was commonly
regarded as ''black-guard. -
Henry Lang, the saloon keeper, said the
fight was all over when he went out. He
said the deceased was blamed for fighting
once in awhile.
Kelly Was Som atimes OuarrelsOme.
Squire Jacob Toner said Kelly was dis
posed to be quarrelsome when under the in
huence of LIQUOR. John Eogel's testimony
was practically the same. John Mcmahon.
Lang's bartender, denied that Barney Huser
had been asleep in the saloon, as it was
against the rules Of the house.
Squire Holland said Kelly's reputation
was bad, but could not name anyone who
ever said aught against him.
The defense resred at this point, and then
Mr.. Burleigh recalled William Kelly, who
said thai after Croft was arrested he had al
mitted that he had been cut in the arm
while scuff1ihg with man with red shirt,
(meaning Kellv).
Joseph Hoelter testified to having given
Croft the knife on Sunday after the cutting
had been done aud before Groft's arrest
The jury was next addressed nv the couu-
sci for tine defense, asking for the acquittal
of all three defendants The court then
took recess until o'clock.
Only a Second Degree Verdict asked.
Court was reconvened at o'clock in the
evening. District Attorney Burleigh then
addressed the jury. He said they should
base their verdict on the evidence and not
upon sympathy. public clamor or the female
relations paraded in court. Kelly, he said,
was admittedly assassinated on August %,
1891, at Laug's saloon at Webster.
Whoever committed the deed was
guilty of a foul murder He then |
reviewed the testimony connecting Croft |
and Henry Huser with the killing. He |
said in his opinion there was not sufficient |
evidence to convict Barney Huser, but |
there was ample to convict Henry Huser |
and Croft OF either murder in the second |
degree or manslaughter, according as the |
jury might find.
At the conclusion of Mr.. Burleigh's ad- |
dress Judge Porter delivered his charge. |
He read the law defining the different de- |
grees of murder. He said that he would |
not read the laws as to accessories, as he |
would say to the jury that under the evil
dence, if the defendants or any one of them |
was guilty, it was principal anc not as
an accessory The evidence clearly in |
dicated that at the time the offense |
was alleged to have been committed the |
defendants were all on the ground; there |
fore, if answerable at all il was as princi- I
pals. After reviewing the evidence, he |
said that under the circumstances of the |
case he did not believe it would be proper
to convict anv of the defendants of murder |
in the first degree.
He concluded shortly after 10 o'clock and |
the jury retired. Court was then adjourned |
until this morning.