The morning call., 1893-05-04
VERDICT, MURDER.
A Coroner's jury Charges
Harry Thorn.
EXCEPTION To THE DECISION
Conflicting Testimony Puzzles the
Jury-The Verdict Thought to
Be Hardly Justified.

the body of Frank I. Northey.
Coroner Hughes has had busy time the
last few days and is likely to have for some
days yet. 1T never rains but it pours" is
an adage that he is steadily getting TO
recognize. Yet when he took his seat yes
terday and called up the first witness he
wore that peaceful air CT resignation that
so naturally is his and which SO we'll be-
comes him.
Frank Garcia. keeper of the saloon at 1873
Montgomery street, was the first witness
called and took his seat with confident
"leave-it-all-to-m air that seemed to carry
conviction with it.
Garcia made an admirable witness. He
described how he had been quietly at
tending TO his duties on the afternoon
CT the 28th OF April; how one Northey
entered and became very rotous indeed in
his declarations against Harry Thorn. The
witness described how Thorn stood by and
smiled while NOrthes called him most foul
names and provoked Thorn in the most un-
1uStlhable manner.
According to Garcia Thorn took every
thing with the utmost bonhommie, and even
invited his enemy TO drink. They drank
together apparently friendly several times,
and took TO auarreiing between drinks But
Northey was always the aggressor.
Then. said Garcia, "NOrthey pulled
knife and went for Thorn. | said to Thorn:
Harry, 60 into back raom and lock your
self IN He did so. Northey asked him TO
have a drink. Thorn refused. Then
Northey kept on cursing and swearing and
| had tn put him out. But he always came
back and started afresh. Then he went out
ana Thorn sat down beside q mutual friend,
John W. Wilcox Wilcox said: Harry,
go home Thorn replied. L dare not This
man knows where l have TO 60 20 and lie
will waylay and murder me-
Finally Thorn consented to go home If
some one would lend him something to pro-
tect himself with. Then Wilcox said to
me: Frank. give him gun; it is only fair
that lie should have something for Self-pro-
lection thereupon gave him my gun.
AT the time Northey had been expelled
from the saloon for the last time and had
started round by way of Bush street to
Trinity alley, whence door opens at The
back of the saloon. Thorn knew he was
coming and moved TO the steps leading TO
that back door. At that moment the door
was flung open by Northey, who said, You
=", come here and I'll kill you at the
same time making a motion to draw q
weapon. Then Thorn fired and Northey
fell"
Garcia was asked to draw diagram Ell
the saloon, which he did. He also placed
the positions of the several men who were
present during the row. Garcia swore posi-
lively to the knife held by NOrthev.
Asked il Thorn had at any time club in
his hand, the witness said No: he had no
weapon. and was thoroughly peaceably in
clined throughout"
Dr. Somers of the Receiving Hospital
described Northey's wound. and the manner
in which 1t might have been inflicted, also
teStfying that small pocket-knife was
found on deceased.
John W. Wilcox. an elderly man of no
present occupation, was then called He
corrobnrated Garcia's story, and described
how Thorn seemed in deadly fear of
Northey. aud how Northey had pushed the
back door open. and provoked Thorn by
abusive language into shooting him. So
far SO good, and the jury premedtated q
verdict OF justihable homicide.
Policeman II. Stills testified to removing
Northey 10 the Receiving Hospital, and Off
Ger J. Oman showed how he found deceased
lying in The alley.
j. C. Dlmond. a saloon-keeper at 81 Bush
street. saw Northey lying in the alley. He
saw him stagger back and fall alongside the
back of the building
Then came revelation. Sampson E.
Tucker, salesman at the Arctic Oil Works,
stepped to the witness-chair and proceeded
to shed a new light on the story.
II did not arrive there until nearly n
quarter to on the evening in question:"
said Mr.. Tucker, 81 heard some trouble
going on between parties whom ! now
know were Thorn aud Northey. and dis
LiHCl44 Htaiu ii ~ given anu
accepted. They were TO settle matters in
Trinity street.
Then l saw Thorn come through the
saloon holding club in his hand. The
club was attached 70 his wrist by leather
thong. At this Garcia came round the
counter with a pistol in his hand and Wilcox
got up and hobbied-he is very anle-Oyer
to him. Between them they took the club
from Thorn. and Wilcox said. Frank, give
him the pistol Garcia did 50.
Thorn then went toward the back door
OF the saloon, holding his pistol in his left
hand. lam unable TO say whether Nurthey,
who appeared at this moment, pushed the
door open or Thorn pulled IL open, but any
way it opened about little more than half
wav, aud at that instant Thorn fred
Did you hear Northey challenge Thorn
when he opened the door,"
NO, sir. He said not a word. lie had
no time TO say anything. As the door
opened Thorn fired"
"Had Norlhey knife in his hand?"
II saw no knife"
Did Northey abuse Thorn at alp"
"Al the words l heard came from
Thorn"
what did Thorn say after the shoot.
ing2"
He said, That settles it, Then he said
he was sorry it had happened. And i'm
mediatey after that left the saloon. But
before aid so | accused Wilcox of having
been instigator of the killing"
did Thorn appear to be angry as he
passed through the salo0n?"
No; don't think he was"
DR.. OBrien described having made the
autopsy on Northey's body. and described
the nature OF the wound.
Dan OConnell, Journalist, testified tnhav-
ing been in the saloon in company with Mr..
Tucker during the latter part of the fracas.
VConnell SWore to having seen Thorn with
the club and to seeing Wilcox and Garcia
assist him to remove the thong from his
wrist.
"Then," said Mr.. O'Connell, 81 heard
words pass between the three 20 the effect
that they expected some one to come round
to the back door, and Wilcox and Garcia
said. Give it to him. Accordingly Thorn
and Garcia went toward the back door as
il to meet some one. The door-a swing
door opening inward-swung little more
than half open, and as Northey appeared
behind it Thorn fired.
Did you see Northey move his hands In
any threatening manner as if to draw
weapon?"
NO. sir. saw only one hand and that
he kept quite still"
Did you hear Northey say anything as
the door swung open?"
Not word"
Police Officer t. f. Conn oily testified to
having taken Northey's deposition when
the latter knew himself to be at the point
of death. Northey described therein how
llOTl Hdu UHtu ulLl SZU, ana tnat on Del0E
asked forit Thorn had challenged him TO
fight. He said he had received no show.
Police Sergeant Blrdsall. Northey's father
and three ladies were present al the time.
Police Sergeant Birdsall testified to hav-
ing witnessed Northey's signature to his
deposition.
Policeman NJ o. Anderson testified to
having been summoned TO the spot and to
having helped to put Northey in the patrol
wagon.
George w. Coefield said he was standing
on Montgomery street when Northey came
out of Garca's saloon and started round up
Bush street. He said he unprecedented n
row, and followed Northey into Trinity
alley. There he said Northey stopped OPP
p0site the back door OF Garcia's saloon. and
put up his hands in a boxing attitude. at
that moment the door opened, and instant
ly afterward Northey staggered and fell.
''Did you hear Northey say anything?"
Not n word"
Had Northey a knife in his hand?"
mo, SIR"