The morning call., 1893-07-11
WAS THROWN OUT.
OgiIyie's Death Was Not
Accidental.
The Jury Returns an Open Verdict
Which the Coroner Disapproves.
Contradictory Evidence.

and the Jury returned a verdict that the
deceased came to his death by being thrown
out of the window by parties unknown,
which was not approved by the Coroner.
The evidence shows that there was
struggle in the room before Ogilvie was
thrown out, and that a woman was present
and looked out OF the window with man
while Ogilvie was falling to the ground.
That woman was either Mrs. Garcia or the
alleged Mrs. Ogilvie. There is apparently
an understanding between these two
women, as all the time Mrs. Oglvie was
giving her evidence Yesterday she was con-
stantly exchanging smiles and chances with
Mrs. Garcia.
The first witness called yesterday was
G. II. Schliehtman, Is Webster street,
brother of Mrs. Ogilvie. who testified that
he met Ogilve only once. between the
latter part of November last and first part
of January. His sister was sick at the
time He only knew that his sister was
married by her own words. He knew she
went under the name of Mrs. OgilVie. He
heard of Ogilvie's death about 10 O'Clock on
the night it occurred. His sister called
on him ard asked him TO go to the Receiv-
ing Ii ospital with her to see II Ogilvte was
dead or not. He went there with her and
afterward accompanied her to tie telegraph
office. He never threatened Ogilvle with
violence.
Timothy Reagan. 256 Minna street.
testified that on Wednesday night last he
saw a man fall from the building corner of
Minna and Fourth streets He heard a
cry OF murder" twice before he saw the
man falling. He was standing in front
of his own door at the time, between 80
and 300 feet away.
"As the man was falling" he continued.
II saw a man ard woman put their heads
out of the window. The woman was in a
black sort of dress and the man had
dark suit on, but no hat. There was
flower or something red a bout the woman's
dress. After looking out, they almost I'M
mediately put their heads inside again.
She looked a mediuIl->iZed woman. don't
think l could recognizes them.
"rhe mans body struck on the curb
stone and rolled over into the street.
Only two or three seconds elapsed after
the cry of murder that the man came out
of the window. He came out backward"
Officer Thomas A. RYAN testified to an
swering police whistle and seeing Ogilvle
wing in the street. He rang for the patrol
wagon and went with Ogilvie to the Re-
ceiying Hospital. On arrival there Ogllve
had breathed his last.
The Coroner then instructed the jury TO
90 to 113 Fourth street and examine the
room, and sent Deputy Carew and Officer
RYAN with them.
o. the return of the jury Mrs. Ogilvie
was recalled. She testified that she saw
Officer Ryan and another officer examining
the room on Thursday Or Friday last.
While RYAN was sitting at the open
window she said she would like to see
him fall out.
why did you say that?" asked the
Coroner.
Just for fun" said the witness. laugh
ing.
Il swept the room a. little" continued
the witness, but never tried to oblterate
any marks on the walls. There was
chair near the door turned over and [ put
it straight. ] cleaned up the room because
l thought it would look bad if any one
came in | didn't see any one removing
paint from the window sill nor did l wash
the window sill. think Parker has the
razor. as he took 1t from Ogilvie Oglvie
always had brass knuckles. but l don't
know where they are now"
''Dp you know why he carried those
brass knuekes"
mo, sir; he only carried them when he
went 10 sea"
did you tell an officer why he carried
them?"
mo. sir; the officer asked me and told
him he carried them when he went to sea"
You didn't say for what purpose|'
mo, sir: did not"
Ibid YOU ever hear Ogilve say he carried
those weapons because he was afraid of
union sailors |'
No. sir; he never was afraid of union
sailors"
Ibid you see any of the men in the room
with marks on their faces?'
"Mr. Parker had black eye. but he had
it before he came into the room that even
ing"
Ibid you see any one else with a mark
on his face ?"
"No, SIR
Ibid you see Maener with black eye?"
mo, sir; only Mr.. Parker"
Mrs. Garcia was recalled and was aked
if she saw any Of the men with marks GU
their faces.
81 saw one of them, either Magnus or
Magner, with black eye. 1t was the
smallest one of the three-Magner. He did
not have black eye when l went into the
room, but l saw it afterward. He was the
one who took the brass bnuck les frens
Ogilvie because he was going to strike
him. That was when took out the beer
bottles and set them in the hall Oglvie
said TO him. III hit you on the nose.
Magner said. Bob, don't hit me or you'll
get the worst Of it, Then they tussed
and struggled till Magner got the knuckIes
from him. Before l left the room Magner
was sitting on the sofa with Ogilyie and
was coaxlng him to go to bed.
"Ogivie went to the wardrobe and got
the brass kpuckles and the razor. Magner
put the knuckles in his oan pocket"
The three men under arrest were brought
in and the witness identified Magner.
The evidence was read over to her and
she signed it. She then went back to her
seat beside Mrs. Ogilvie. The Coroner's
attention was drawn to the fact that in
the transcript Of her evidence nothing
had been said as TO her statement regard
ing marks on the mems faces.
She was recalled and said she saw Par
ker with black eye, but neither Magner
nor Magnus had mark on his face.
She noticed en- Friday that Magher had a
black eye. She did not see any marks of
blood on Wagner when he was arrested as
she was too excited at the time.
When she was recalled the second time
she made a direct contradiction of what
she said before. First she said Magner
had black eye and the second time she
said it was Parker.
The three prisoners were asked ii they
/ -.