The record-union., 1899-04-05
JOHN SHERBURN IS FREE.
CHARGE OF MANsLAUGHTER
WAS DISMISSED.
Justice Davis Says He Resented an
Insult That No Man Could
Brook.

brook.
The examination of John F. Sherburn
accused of manslaughter in relation te
the death of George Francis, was mn
ished yesterday and Justice Davis dls
missed the charge
James Camp. a foreman in the rdn'
road shops, testified that Sherburn hac
been working in the shops since 1890
and he had never known him TO be II
quarrel before. His reputation lol
peace and quietness was good. II hS
had got into amy trouble he would haV'
been reported to witness.
j. Alexander testified that he nac
known Sherburn since 1884, and MAJ
known him in the army. He had hearc
his connection with the Worden affair
In his opinion his connection with lnt
affair was regarded by the commune
favorably. Sherburn was in the saHls
company as witness and he never kne"
of his being overbearing to the mei
under him. He was a Corporal, pu
was detailed for Sergeant's duty
W. H. Hugo was recalled and testl-
fled that Francis had taken the ROD ou
of his machine when Sherburn strucf
him and both We're standing.
Captain j. L. Hughes testified thai
Sherburn was in his company in the
volunteer service and his reputation fol
peace and quietness was excellent. Thai
was the opinion of the men in the com
pany. One Italian complained thai
Sherburn was too exacting with hin
and left. the service before he was
sworn in. 1t was the Sergeant's duty
to be eXacting.
Lieutenant John A. McMartin testi
fed that the character of Sherburn II
the community for peace and quietnes:
was good. He had never heard any one
say anything against him. He acted
perfectly properly with the men undel
him.
Lieutenant w. D. Bessey testified thai
his reputation was excellent and he
was no harsher to the men than a non
Commissioned officer should be. He
only heard one man complain.
Sherburn took the stand and testified
that he had been employed in the shops
for a year. He had known Francis in
the army and worked near him in the
shops. On the afternoon of the 10Th
some of the boys were ''joshing" him as
he was taking out the dies from his
machine. AS he passed to the emery
wheel, defendant made some remark
to him. When he came back defendant
made another remark. He seemed to
be excited. He answered something
and after he passed deceased called him
a vile name. He turned around and
struck deceased and he turned halt
around and fell. He supposed from the
actions and language used that Fran
els wanted to fight, and he did not
propose to let Francis strike him. He
thought he struck Francis twice. He
expected Francis would come after hin
with a rod of iron, but he went bach
to his machine, and witness went back
to his work. He did not at that time
know he had injured Francis seriously
Francis fell on al barrel of bolts. Wher
Francis went to his machine he told
witness that he (witness) would never
leave the shops.
Witness did not hear of the death OF
Francis until about half past { that
night. Francis had seemed to take E
dislike to witness at Santa Cruz because
he thought witness had something t.
do with his being asked to resign the
Sergeantcy at Santa Cruz. They haC
never had any difficulty before, an6
had not spoken for a long time. He
left his dies at the emery wheel to bt
sharpened and was going back to his
machine when the trouble occurred. Ht
considered the term applied to him {
fighting word, and expected to have tC
fight. They had rever spoken since
they came back from the army. As
soon as Francis called him the vile
name he turned around and strucl
Francis. He did not know who
brought the dies to his machine, bu
he found them in his box some time
afterward. He was working on con.
tract work and the foreman Otter
brought the dies after they We're sharp
ened to those who We're working OF
contract work so that they should mo-
lose time. After Francis got up witness
went back to his machine and begaI
cleaning it, as he had finished his piece
of work and had nothing more to do, i
being Saturday afternoon. He did no
know where he struck Francis, bu
thought it was on the forehead.
Deceased was in the tent with wit
ness and two other non commissionet
officers, ard each was expected to- clear
up his share, but Francis would get VI
in the morning and go away without
doing his share and when he came bach
and found the others had not cleaned il
up he would complain to the officer
Witness had nothing to do with Fran
els having been asked to resign and die
not make any complaints about Francis
to his superior officers.
The other boys had been ''joshing'
Francis about his eyes that afternoon
Francis would weigh from 100 to 16(
pounds and witness weighed about AZ
pounds. Witness had nothing to dc
with the joshing of Francis and wa.
attending to his work.
The prosecution offered several wit
nesses in rebuttal as to character.
o. NJ Faulkner testified that he knew
Francis and Sherburn in the volunteel
service Francis character for peac.
and quietness was good. He did 10
know Sherburn's general reputation IL
the community for peace and quietness
1t was good in the army for peace ant
quietness.
Attorney Moynihan wanted to FIND