The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-25

| The hearing of testimony in the case Of
| William Sauer, whose trial for the murder
of James Allen commenced Monday il
| Criminal Court No. l, was concluded yes
| terday afternoon and arguments to the
| jury will be made this morning. There
was little difference in the evidence Of
fered by the witnesses for the defence and
| that Of those called to testify on behalf
| of the Government. The only material
| fact upon which they differed was as to
| whether the defendant or Allen left Nc
Namara' S saloon first. The fact that Sauer
struck the fatal blow is not denied but
it is claimed that he was quietly on his
way to his home when he was pursued by
Allen, who provoked the quarrel which re-
suited in his death.
The crime for which Sauer is called to
answer was committed on February u
last, near the corner of G and Eighth
Streets southeast, at about 10 o'clock at
night. The defendant is a member of
the Marine Corps which is stationed at
the Washington Marine Barracks. With
several other marines on the night in
question he was drinking a. McNamaras
saloon, which is located near the corner
of Eighth and G Streets southeast. Ac-
cording TO the testimony of several of the
witnesses who were called on behalf of
the Government the deceased, Allen, and
other civilians were also in the saloon.
1t is said that a dispute arose among
several of the marines concerning the
merits of battleships just before the de-
PENDANT arrived, and that Allen took part
in the argument. The controversy. it was
testified, ended good naturedly, and all
the men drank together. II was about
this time that the defendant entered the
saloon and he, too. was asked to join in
the drinking. He refused and thereupon
Allen abused him in most vile language.
Sauer resented the abuse in kind and the
crowd became SO noisy that the lights were
put out and all hands ordered out of the
saloon by the proprietor.
II is at this point in the story that
the evidence for the defence and the prose
eminent testified that Allen left the sa-
loon alone and had been gone nearly five
minutes when Sauer. who was still in a
rage, started after him. remarking as he
left the place. well, I'll get him now" In
a few minutes, Solomon Nally. the bar
keeper, stated some one came TO the door
and said that Allen was badly hurt. Other
Witnesses for the Government corroborated
this story and w II. Miller, who happened
to be standing near the corner of Eighth
and c Streets at the time. stated that
Sauer followed Allen across 6 Street and
demanded that re should take back the
abusive language he had used toward him
and ucon the latter's refusal to do So
struck him in the face. Allen fell to the
ground and when he was picked up was
unconscious.
The defendant was called to testify in his
own behalf. His story OF the trouble which
took place in the saloon was practically the
same as that told by the witnesses for the
Government. He however contended that
it was he and not Allen who left the sa-
loon first. He had not gone for. however
before ne Was overtqken by Alien who
made an attempt TO renew the quarrel The
witness said he recognized the fact that
Allen was under the influence Of drink and
he tried to quiet him by telling him that
he would see him en- the next day about
their trouble. This did not satisfy Allen
He took hold Of Sauer's coat. Sauer stated
that he pulled loose from Allen and as he
did so he latter struck him a blow on the
chest The blow was painful and he struck
at Allen with his fist. The blow was directed
al the noint of the latter's chin. Alien
fell TO the ground but Sauer did not have
any idea that the man was seriously hurt
After striking the blow. the defendant
said. he continued on his way to the bar
racks. where he remained during the night
When the seriousness of Aliens condi-
ton was seen by those who went to his
assistance a call was sent for an ambu-
lance and he was taken 10 the Casualty
Hospital. where his wound was dressed On
the following day he was removed TO the
Providence Hospital. and there after lin
gering eleven days. died. Drs. James
Kerr and Sothoron Key. who attended Al
len. both at the Casualty and Providence
Hospitals. stated that Re died from
fractured skull.
II will be claimed by the defence that
the death of Allen was due entirely to
accident, his head being crushed by his
falling upon cobblestone in the road
way when he was Knocked down by Sauer.