The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-01-09
HE FUSILLADED DELMONICVS
sToNECUTTER norm CONVICTED OF
ASSAULT IN TIE SECOND DECREE


! His Dernse ws- thnt ne wac vsry
Drunh. bat the Law Does Not Regard
That 80 an Excuse for Firing BuIiet-
George A. Roth. the Young stonecuttsr who
nrsd four shots from a revolver at the Fifth
avenue windows OF Delmonioos restaurant at
4:3O on the afternoon OF Nov. &c. Was put on
trial yesterday. in the General Sessions. before
Judge CowinG, upon an indictment charging
him with malicious injury to property in
breaking two-plate glass windows valued al
$40. and with assault with intent TO kill or do
serious bodily harm 10 some Of the persons in
Delmonicos at the time the shots we're fired.
Roth presented strong contrast TO the Wild
eyed. shabby creature who was arrested after
| a desperate resistance on the afternoon oil
Now 10 He was well dressed and closely
shaved. and was entirely at his ease. He was
surrounded by many OF the members Of the
Stonecutters' Union. which had retained Fred
erick b House TO defend him.
William A. Mess Lookk eepsr at Delm onico's
testified that he was standing at his desk Just
inside OF the Fifth avenue entrance Of Del
nonlco's at about a., o'clock on the afternoon
Of Nov. 1U when he heard shots. Then the
door was thrown open violently. and Roth
rushed in. lie held a pistol In his hand and
II will kill somebody"
He looked around wildly and then turned to
go out Several OF the guests aprang upon
hand. II was discharged in the struggle. but
struggle was going on lark Policeman Dillon
ran In and arrested Roth 49, .
that he was t stspdna near his coach t4on
OF Delm,o n when he saw Roth cross Filth
sixth street. He was excited and was m ter
Ing lie pointed his pistol at the two windows
nearest the Fifth avenue entrance and fired
DOVE Then Goth rushed into the restaurant.
" Pa yoq follow him IN = Z" asked MI Osborne.
Onion testified tsSt g after F he arrested Roth
he asked Roth why he had fired the shots.
10th s the Gd FS between the
had been drinking. but he walked straight.
Or; stewart Douglas Of i the rssyii9n iSr the
brought into the pavilion on the morning Of
Nov II. He was evidently suffering from the
effects OF protracted debauch. His m ind was
not affected except by liquor. He had acute
alcoholism verginE on dellrium tremens. The
ss nnis ne vas w enSh Sa 10 Roth ns
capable OF knowing the nature OF the act that
he did on Nov. IL. DE; Stewart was not IRE
tinguishng whether the act was right or
In his opening for the defence Mr.. House
said that 1t was unfortunate that Roth came to
The bar with n prejudice created against him
He was not Rnarchist. Tut from GoySood.
had been an indpstriEus end skLinl stone Pc:
places lie had but ono fault. aud that was a
tendency to 20 on an extended spree once q
year so. When in this condition he lost
control Of himself and was irresponsible for
his acts.
Joseph J. Larkins. James Morne. Andrew
Welsh. Sr.. and Andrew Welsh. Jr.. stonecut-
tiers. testified that thoy had known Roth Tor
years as an industrious and peaceah IL stone
cutter and had never known him to be In any
trouble before. He occasionally went on
sprees: when he drank at all he was almost
craZed.
In his own behalf Roth testified that he had
been drinking for nearly Ave weeks before
Nov. Iii. and quite hard for five days before.
Five days before the 10th OF November he de-
termnrd to so to the Maine nuarries, where
he would not be exposed to TEN ptRt ions in the
way OF drink. He resigned his place in the
Dock Department. where he was getting S24 n
week. On the 10th no drew so and drank
harder than ever. The last place that he re-
memb ered was a saloon ut Eighth avenue and
Thirteenth street He came to consciousness
Hospital and was Mortified when he was told
what he had done the day before He had no
recollection, whatever. OF firing the shots. lie
had never been to Del monico's before In his
life and know no one there
Judge Cowing charged the Jury that volun-
tary intoNiratioE is no excuse Tor the commits
sion Of crime. butth fact thar Roth was intox-
icated. 10 the Jury believed thatlhe was. might
he considered hy the jury AS to affecting his
intent. IL he had any.
The Jury. after comforting for three-quarters
tent to do bodily harm. A new trial will no
asked for. Judge Cowing remanded Roth,
who. under the conviction. may be sentenced
to State prison for five years.