New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-03
rT1ZsIuNONS' OFFENCE OPENED

WAS Due To APorLtcrlc CAUSES.
svrac,se y Y July . The Fizsmmons 'rai
Tor nansiauchier opened up its cghin hay WIN
The announcement that the prosecution res"n "'
cas-. Then there long rgimeni Tor "i'e0-
lion to the Jury acluii upon the evidence Oh ''s
people The motion MAS dchl'' ''e' H"''' WV
sultaii0o rs the judges
RI I,,toc Ross said he would submit the care
., tho ,,rv upon certain questions. Eirst. whether
the def.ndant engaged In ns't wl'hlh INC NV
ing Of the statute. and. second, was 'n' 'ri'"''
engaged IN committing or attempting 10 '"'n''''
an assault In the third degree or assault ana "a'
,.r, and II thc Jury should md that there was
.s.,,,.i. soit, Of the defendant having been
..,,..l an , mi -lcmeanor the element on maj"
slaughter I'm the second degree would he s"""'.'''
a. TO whether death was caused 10y '"''''''
act the defendants counsel took eH'eP'r"' ."
all the grounds ,,,,
simmons. case IL said It was at hrs' 'h'e"'e'
70 allow the case to go to the jury upon 'h' eV'
-. q, tho people but II though, be''er I"
cinch the matter by still further eVlnehce' !" ''
that an acquttal might be sure.
-, ,,,,,,,ny the defence he said that 1t would De
,rovcd that Riorian was subject 10 "p'p'N, -
had fallen unconscious once before lie "o So
80 that IN. ,accraton OF the crus cereori iouna
-, ,,r1,,s hr,lu WAS caused by bunglins work
-, IN. ,hv.ci,Ns I'm performing the autopsy mere
ore several disputes between the lawyers anu
b,rges made that the opening was Tor erect
Police Captain QuiS,ey was inc nrs' "'"
ruzsimmonr He saw the contest ana '"'"s"'
49,. v,or,a, made a pass at Fltzsimmons after
rho blow lie dd noi see the blow h'cduSe ~
simmons back was toward him During W" e",''.
,,a ,hs contain did not single blow tha'
landed ,,,,,.,i, hoard
DR. e. H. Brown s~ore that he distinctly ne'''
p,ora,ns head strike the floor when ne went "o"''
A, the afternoon session Judge Ross 'e''e' '''''
he would allow evidence "a to the severity u III, w,
hiow ri,zsimnons struck Rlordan. Or Brown sa'd
n. did not gee any hard blows srucn' anu "e va"
where he could see thom-in DON .
.rhomas Woods who sat near the 'front.' OF '"e
,,,ee said that In his opinion. II was a hs"' o'o"
| Police Commissioner lie Gan also sad '"a' lit "''
not see n hard blow struck
r,.der,ck Block Of New-York. the properVmah
-, ,v the Fitzsimmons Speciality Company
s ,hs, call.d To the stand He said that the Do"
.nicb Rlordan received what Is known IN 'he
| rinx AZ A monkey punch" 1t was an eA''o''.o
| punch he said and he had seen u useu ''o'" ~
| IA a hundred times. The same blow mad Dee" sNe
H. vuuanr, Fitzsnmonss former sparrins part
ner ON the cross-e Examination Block testhen posi-
lively that Riordan was drunk when he came vi
the stage To spar .,,s.d
mr. e BENEDICT testified that death was '""''
| by brain hemorrhage and not by the DO" ~.
.Did The blow have any effect In causing '''
hcmorrhagey M. ,,,., disease precedes
u
'' "cnd thn hemorrhage OF the brain result from
| any cause other than by conclusion
| The Witness who had charge OF hospital VI
| conth carolina and who had had experience az
| vrc"on i'm the Army gave II as his opinion una
Vlordans death caused by memoir hnSc ~ Wy
| hr,in resulting from "A ruptured biooi ,essrl az.
| dcrcnerated arteries supcrtnduced ny hapt OF hi'
on1 The condition OF heart and kidneys; =,
1ross- xa mined by District Attorney snow w
witness said blow on the Jaw, or Iaii on ,i ny
| The blood clots witness thought. could have been
III III I Lane who was present at the autopsy
.rIes we're degeneratcd not the brain should have
| hcen examined under microscope a casual 'N
| animation he said woaild not show the trne cond'
| ton Of the arteries ., . A.,
| Mr. Ide described Riordans actions before th'
fatal bout Is drnking his walk with Block. etc.
and also his condt on from the time the dow wh'
delivered until death occurred He then asked VII
| ness what his opinion caused Riorhans heath
| death was caused by brain hemorrhage produced
| hv a ruptured blood vessel. The rupture OF III,
| blood vessel he said might have resulted from ex
element violence In case OF arterial regeneration
result Of excitement due to degencrateq arteries.
| DR. Porter II. Mciaughton. after hearing thu
facts AS presented by Mr.. lde and assuming them I,
be true was Of the opinion that the immediate cause
blood vessel might have resulted from arterial de
| generation and from the excitement which he hat
| gone through during the day.
| Al G o'clock Attorney House announced that Will
| on the stand the defence would be complete. TIT
| court then took short recess. When the cour
| resumed District-Attorney Shove said he had som'
evidence to put In In rebuttal. and asked for al
| present. The court then adjourned until oclocl
tomorrow morning.