Evening journal., 1904-05-28
ARMSTRONG IS
HELD FOR COURT
No Malice Shown by Defen.
dant in His Assault on
Van Trump
HEAVY BAIL FIXED BY COURT
Or. Irwin Films Testimony Shows
That Blow Struck by Prisoner Could
Not Have Caused Fracture Which
Existed But a Fall Could.

Charles Armstrong was arraigned in
City Court this morning on a charge of
causing the death of Howell II. Van
Trump. The charge upon which he was
arraigned was murder and he entered a
plea of not guilty through his counsel.
David j. Reinhardt. The taking Of testi-
mony in tho cuse consumed more than an
hour and after summing up the evidence
Deputy Judge Philip l. Garrett held the
prisoner IN 5000 bail on a charge Of man-
slaughter. for the Upper Court.
The first witness called by the state
was Patrolman William Snyder. He tes-
titled that he saw the defendant and Van
Trump on the afternoon OF May II at
Fourth and Franklin streets. The men
were having an alteration and when the
w'-ness walked across the street he saw
Armstrong strike Van Trump from be-
hind with his fist. The prisoner to the
best Of the witness knowledge struck Van
Trump behind the right ear The latter
fell TO the pavement and Armstrong sm-
mediately picked him up Van Trump
partly regained consciousness. saw the
witness placing Armstrong under arrest
and objected to the proceeding.
corroborated Officers Testimony.
John W. Alden. clerk omp.oyed at
Alexander's grocery store at Fourth and
Franklin streets witnessed the assault ami
practically corroborated Patro'man sny-
der's testimony. George Attland. one Of
the inemen on the repair wagon the day
the assault occurred, testified that he
saw Van Trump fan but did rot sec any
blow struck. He heard Armstrong say
however, shortly after the trouble occur
red, that he was sorry he nit Van Trump
and ought not to have done f.. oscar
Ferguson ana William Tucker two othes
linemen saw Van Trump falling but did
not see Armstrong strike him.
Or. Flinn's Evidence.
DR.. Irwin Finn. who attended Won
Trump at his home and who was also
present when he was operated on at the
Homeopathic Hospital, testified that Var
Trump undoubtedly fell on his face wher
struck. His whole face was bruised. bear
ing out this supposition. When the wit
ness first attended Van Trump. the lat
ter appeared dazed regarding the particu
] lars OF the fight. but was otherwise a.
right. The next time he saw the injured
man was at the latters home on Thurs
! day morning following the assault. Var
| Trump was then practically in an uncon.
scious condition and very restless. In tn,
/ afternoon the deceased was in the sam,
/ condition and the witness ordered him re-
moved to the Homeopathic Hospital wher,
an operation was performed at o'clock
! The skull of the injured man was treph
ined on the left side Of the head but n,
fracture nor clot of blood on brain wa.
/ found Five minutes after the operation
/ Van Trump died. No anaesthetics weri
administered TO the patient as it wal
deemed unnecessary because the injure,
man was unconscious and in consequence
not susceptible to pain.
Following the death of Van Trump
post mortem examination was made and
fracture was found in the roof Of tn
socket Of the right eye which injury evi
IDENTIFY caused death.
DR.. Finn said such fracture could no
have been made by a blow from fist
but could have been caused by a fan. TIL
physicians who were present when tn
operation and subsequent post morten
were made included DR.. Carl Vicher o
philadelphia, DR.. Negandank, DR.. Adair
DR.. Karl and DR.. Finn.