Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-09-27

employed at the Bavarian brewery.
Leyrer died few days after the as
Hault.
Deputy Attorney General Peter L.
Cooper, Jr., prosecuted the case, and
Sylvester d. Townsend, ,Jr., represented
Conrad.
The following jury was drawn to try
the case: Joseph w. Casey, Maxey
Bland, George z. Duncan, George
Gooden, j. Howard Mitchell, Jacob @.
MoClarey, Henry Russell, Lawrence
O'Riley, William II. Russell, Milton j.
Robinson, Abram I. Tyre and Eugene
Williams.
Mr. Cooper. in opening to the jury,
said that the physicians say Leyrer
| died Of meningitis, superinduced by
| delirium tremens and not of his injur-
| les; for that reason the charge Of MUIR
| der had not been made. Mr.. Cooper
said that Conrad told an officer that he
first struck Leyrer in the head with
| piece OF iron and then stabbed him,
but no wound was found on Leyrer's
head.
Jacob Steiger, an employe of the
| brewery, was the first witness. He
saw Conrad aud Leyrer before break
fast ana there seemed to be no diff
Guilty between them.
About o'clock, he saw Leyrer run
ming ih the yard, Conrad after him
witness ran between the two men and
stopped Conrad, who had something in
his hand. A few moments later he saw
Leyrer, who had bung hook in his
hand, and found that he was bleeding
in the back.
On REORGANIZATION, the witnesses
said he did not hear Conrad and Leyrer
/ rnarralinn Tbara v-ur frr 1oprc in tha
washroom. whence they came out. The
knife rsed by Conrad was produced by
the State.
DR.. James A. Draper, Jr., who is
coroner's physician and an attending
physician at the Delaware Hospital,
testified that Leyrer was brought there.
A stab wound about three inches long
was found in mis- back on the left side,
running to the edge of the shoulder
blade and penetrating the lung. The
knife penetrated about four inches.
Leyrer died of meningitis four days
later; the meningitis was due to de-
lirium tremsns.
The wound was in healthy condi-
tion. The doctors also found another
cut in the lower rart of the back, and
cut on the hand.
On CROSS s-examantion, DR.. Draper said
that the principal stab wound would
not necessarily have caused death.
Jacob Siemen, bookkeeper at the
brewery, was examined by Walter ii.
Hayes. He, too, saw Leyrer running
in the yard, followed by Conrad. Wit
ness took the bung- hook from Leyrer,
and Leyrer said. my lungs are cut,
and showed the out in his shirt.
Mr.. Siemen started to lead Leyrer to
the office when he sank to the ground |;
he was sent to the hospital.
The witness went to look for a police
man and seeing Conrad 60 into Spahn's
saloon, asked the people there not to
let him go because he had stabbed
Leyrer.
Alexander Tyo saw the two men run
ming iu the yard, Leyrer trying to get
away from Conrad.
John SPAIN, who keeps the hotel at
the southwest corner of Fifth and du
Pont streets, said that Conrad had a
room there. After the stabbing, Con-
rad went into Spahn's and wanted to
go upstairs, but Sphan would not let
him go up and TUNED him over to an
officer.
On cross examination he denied that
he told Conrad he would shoot him, IL
he had a pistol, but admitted that he
John Kerns, fireman at the brewery
testified that he saw Conrad run out
OF the door and Leyrer after him with
bung hook. Conrad grabbed up q
beer keg and raised it over mis- head !;
they had some conversation in Ger.
man. Then Leyrer walked into the
building, aud Conrad put down his
keg, but whsiher Conrad went into
that room he did not see. About two
minutes later he saw Conrad coming
from the direction of tho washhouse
and coopershop and walking fast, going
towards the washrcom where Leyrer
was. Next, he saw Leyrer come out
and Conrad run after him; Conrad
had something like knifein his hand (;
witness did not see anything in Leyrer's
hand.
Police Sergeant Daniel Kelleher tes-
titled to a talk with Conrad and to
Com ads statement that he struck
Leyrer with blunt instrument. After
wards q knife found on the scene was
handed to the officer. On the way to
the police station Conrad said he
Knocked Leyrer down with the punch
and when Leyrer came back at him,
stabbed him with the knife.
Officer Maurice Flynn corroborated
Sergeant Kelleher as to the statement
about hitting Leyrer with punch.
The State rested, and Mr.. Townsend
in opening for the defence, said that
Conrad was defending himself. Conrad
went on the stand. He came here from
Philadelphia IL days before the cut
ting. He said that he and Leyrer
were washing kegs and the quarrel
began because the water ran over,
which was Conrad's fault. Leyrer said
something and Conrad asked him what
he meant; then Leyrer grabbed MIN by
! the arm and threatened to drive the
bung hook through his brain.
The prisoner said he left the wash
room and went to the coopershop ard
got the punch and knife TO use in his
work. When he returned to the wash
room, Leyrer started to strike at HIM
with the bung hook and Conrad de-
Tended himself with the punch. Conrad
declared that there was no way for
him to escape. He was afraid Leyrer
would kill him and struck him with
the knife.
The prisoner said he did not pursue
Leyrer in the yard; he intended to
give himself up.
Just before he stabbed Layrer he said
Leyrer threatened to finish HIM up.
The case of the State ys. Albert Con-
rad, charged with murderously assault
ing George Leyrer at the Bavarian
brewery, went to the jury in General
Sessions Court Monday afternoon and
resulted in verdict Of acquittal. Syl-
vester d. Townsend, Jr., attorney for
the prisoner, made a good fight and