The record-union., 1899-04-04
sHERBURNS EXAMINATION.
BEGUN IN CITY JUSTICES
COURT.
Witnesses Who Saw the Difficulty
Say He Struck Francis With
His Fist Only.

Inc examination of John Sherburn,
VINO is charged with manslaughter IN
causing the death of George FRANCIS
curing an unfortunate difficulty be-
tween them about ten days ago, was
begun in the City Justices Court yes
terday, but was not concluded
Charles Hunt, who drives the Kali
road Hospital ambulance, testified ,that
on March 25th, he saw George M. Fran
CTS lying down near the foundry in the
railroad shop yards. Francis was un-
conscious He was placed in the am
bulance, and witness drove him to the
hospital
A recess was taken until 1:30 p. m.
In the afternoon Clarence Clark was
the first witness. He testified that when
he prepared Francis body for burial
he found two bruises on the forehead,
one longer than the other. They might
have been caused by fist blow or fall
ing on something, or running against
the door, or many other causes. 1t was
not a cut, but an abrasion, the skin
not being fairly broken.
w. H Hugo testified that he knew
both the parties. He was standing
fifteen or twenty feet away from them
at the time of the trouble. He could
not tell which spoke first and did not
hear any words, but saw Sherburn
strike Francis. He struck rap
idly. He saw nothing in de-
PENDANTS hands at the time. Sherburn
stood still half a minute, and went
back to his machine They were stand
ing face to face Sherburn struck with
the left hand first, then the right, and
then the left again. He struck at
Francis three times. but witness did
not know whether he struck him every
time. Francis turned round, and stag
gered and fell over a keg. There were
some long bolts protruding about six
inches above the top. Francis fell over
these bolts, witness thought upon his
stomach. There was another key be-
yond, with few bolts in the bottom,
but he did not see Francis strike it.
After he fell he rolled over on his back
Sherburn was coming from the emery
wheel, but witness saw nothing in his
hands. Francis got up in about five
seconds, and witness asked him if he
was hurt, but he did not answer. After
ward he asked witness if Sherburn had
any iron in his hand when he struck
he saw none'' Francis went back to
his machine. He afterward complained
Of his head to witness, and asked him
what he would do about it. Witness
told him that was for himself to de-
eide.
Witness thought the first blow struck
Francis on the right temple, and the
second on the other side of the head
~, Ion d
ed, but the first and third did. The
blows We're very rapid.
The boys had been joshing Sherburn
that afternoon, as is often done, but
there had been no unpleasantness of
any kind. Sherburn had to pass Fran
els in coming back from the emery
wheel. Witness did not hear anything
said, but Sherburn turned round just
after he had passed Francis. He knew
they had not spoken for some time, and
when he saw that both were speaking
he thought there was going to be
trouble The blow Sherburn struck did
not seem sufficient to turn Francis
round, but he turned and fell Witness
could not say where his face struck.
He saw Sherburn's open hands after
the blow was struck and did not see
anything in them and did not think
there was. or he would have seen it.
Francis wore a soft hat. Witness did
not think Sherburn could have dropped
anything from his hands without his
seeing it.
Irving Howe testified that he saw the
trouble. He was six or eight feet away.
Francis was threading a rod. and said
something to Sherburn, who turned
around and struck him twice. He did
not know whether he struck him the
third time or not The first blow was
with the left hand, and he thought it
landed on the face. When the second
blow was struck, Francis turned around
and fell, and witness thought he struck
his head on the keg of bolts. When
Francis got up he went back to his ma
chine and threaded a rod or two, and
then left the machine. Francis struck
no blows that witness saw. He could
not hear what they said. but saw
Francis lips move and then Sherburn's
lips, and Sherburn struck him. Francis
was not knocked down, but staggered
and fell When he walked by witness
afterward he had a swelling on the right
side of the head. He saw Sherburn' 8
hands afterward, and he had a big
swelling on the knuckle of his right
hand and he said to witness that he
hit Francis a little too hard with that
hand The impression on witness mind
from Francis expression of face and
the movement of his lips was that he
used vile words but he did not hear
clearly. He could have seen if Sher-
burn had anything in his hands when
he opened them after striking. Sher-
burn remained in the shop for some
time after Francis left it. The floor
was bare where Sherburn stood. and
witness walked over that way. There
We're no dies on the floor there.
DIR. F. L. Atkinson testified to max
ing the autopsy on Francis. There waq
no depression of the skull, but there
was a blood clot on the inside and q
fracture of the right temporal bone
and four pieces of bone were loose. Thu
junction of the temporal and panital
homes is not very firm and it is the
weakest and thinnest portion of thu
skull There was a mark on the fore
head that was long, and looked as il
IT might have been made with a board.
He thought the skull was of normal
strength. and Francis seemed to be a
healthy man. The cause of death was
the herrohage from the fracture. Such
a. wound might be caused by a fall
on A hard substance or a hard walk.
A blow on the forehead might nave
caused a. fracture on the weakest spot,
the temple The fracture could nave
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