OBIT: Hugh STEWART, 1890, Altoona, Blair County, PA

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A BLOW THAT KILLED
A BASE BALL BAT USED WITH FATAL EFFECT
On Thursday Afternoon Last Hugh Stewart, Aged 31 Years, Was Struck on 
the Head With a Bat Which Was in the Hands of His Nephew, Boyd Gilmore, 
Aged About 17 Years.
AS A RESULT HIS SKULL WAS FRACTURED
And He Died Shortly Before 5 O'clock Yesterday Morning - Young Gilmore 
Under Arrest.

  Hugh Stewart lies dead at the house of his sister, Mrs. Annie 
Gilmore, rear of 911 Eleventh avenue.  He came to his death from the 
effects of his skull being fractured by a base ball bat which was in 
the hands of Boyd Gilmore, aged 17 years.  The house is a double one 
and the Gilmore family resides in the rear part of the side toward 
Ninth street.  Stewart and Mrs. Gilmore are brother and sister and the 
boy who struck the fatal blow is a nephew of the dead man.
  Stewart was 31 years of age, unmarried and a cooper by trade.  He was 
born in Scotland, where his mother resides.  His father is dead.  While 
he had a trade he did not work at it, but did some work for 
contractors, having been employed by Campbell Bros. and also by Snyder 
Bros. at different times.  For the past six or eight months he had no 
regular work but did odd jobs about the city.  While the affray took 
place on Thursday afternoon there were but few knew of it at the time, 
and those who did see the man after he had been hit paid little 
attention to him, believing that, while he was speechless, that he was 
asleep from the effects of liquor.  It was not until about 1 o'clock 
yesterday morning that the case assumed a serious phase to those who 
were with him.  Then Stewart began to breathe heavily, as of one 
choking, and young Gilmore made a second and unsuccessful attempt to 
secure the services of a physician.  At a quarter of 5 o'clock in the 
morning death claimed Stewart as its victim.
  On being notified of the death Coroner Poet proceeded to the scene 
and impaneled the following jury: W. W. Dunmire, foreman; Thomas Weir, 
James H. Ewing, H. C. Coon, George M. Metz and B. F. Evans.  After 
viewing the remains three witnesses were sworn and their evidence 
taken.
  Boyd Gilmore, the boy who struck the fatal blow, was the first 
witness sworn.  His testimony was substantially as follows: Stewart was 
drunk and was creating a disturbance in the house; he was making 
threats, among them being one that he intended to kill me and my 
mother; mother ordered him out of the house; Stewart said he would 
break my mouth; after he went out he forced the side door open; just as 
he was about to enter, I picked up a base ball bat and struck him on 
the head with it; he fell outside the door, one foot laying across the 
sill . . . . the drink; he went for Dr. Fay at about 7 o'clock, but he 
was unable to respond; later he went for Dr. Hartzell, but he was not 
in his office.  At 1 o'clock yesterday morning he again tried to get a 
physician, but was unsuccessful.
  Annie Gilmore, sister of the dead man and mother of Boyd Gilmore, was 
sworn.  She stated that Boy was 17 years old; that Stewart was not very 
drunk but was ugly, having thrown a knife and fork while eating dinner; 
he threatened to kill her and her son, a threat he had made many times 
before.  He became very abusive in his language and she put him out of 
the kitchen door, and in a short time he broke in at the side door.  He 
was just stepping in when he received the blow, which knocked him down, 
falling backwards outside, and he immediately renewed his threats.  She 
told him that she would go to the mayor's office and have him locked 
up.  He said he would leave a couple of corpses before he left.  She 
stated the disturbance occurred at fifteen minutes past 1 o'clock.
  William Owens, a boarder at the house, was then sworn.  At the time 
he was asleep but was awakened by the noise.  He came down stairs and 
saw Stewart lying where he had fallen.  He helped carry him into the 
house, where he was laid on a sofa.  This concluded the taking of 
evidence for the time and the jury adjourned to meet at 7 o'clock to 
hear the report of the physician who made the post mortem examination.
  Upon reassembling Dr. J. H. Weaver was sworn and gave the statement 
of the post mortem examination made by himself.  His statement was that 
his examination revealed a cut two and one-half inches long on the left 
side of the dead man's head, which had evidently been caused by a blunt 
instrument.  The cut penetrated through the scalp to the skull, which 
was fractured, causing concussion and hemorrhage of the brain, which 
was the direct cause of death.  He also stated that the man being under 
the influence of alcohol had nothing to do with the result of the 
injury; that if a physician had been obtained nothing could have been 
done to save the man's life, and the injury was of such a nature that 
the operation of trephining was rendered impracticable.
  After consideration the evidence taken the jury rendered the 
following verdict: "That the deceased came to his death from concussion 
of the brain, caused by being struck on the head with a base ball bat 
in the hands of Boyd Gilmore."
  On learning that Stewart was dead, Chief-of-Police Wier appeared 
before Alderman Smith, where he made information to the effect that 
"Boyd Gilmore did, on the 13th day of November, 1890, commit an assault 
and battery on Hugh Stewart by striking him on the head with a base 
ball bat, from the effects of which he died this 14th day of November, 
1890, between the hours of 4 and 5 o'clock."  Young Gilmore was taken 
into custody and later was brought before the alderman, where he waived 
a hearing.  During the afternoon he was taken to Hollidaysburg.  There 
is a strong feeling of sympathy for the lad.  No one spoken to 
yesterday concerning his habits had a word to say against him, but on 
the reverse spoke of him being a hard working honest lad, and it is not 
thought by any that he struck the blow with any intention of killing 
Stewart.  From the testimony given before the jury it will be seen that 
the dead man had on several occasions made violent threats against both 
the boy and his mother.
  The body of Stewart was placed in charge of Undertaker Tipton, by 
whom it was prepared for burial.

Morning Tribune, Altoona, Pa., Saturday, November 15, 1890

Local Brevities.

  The funeral of Hugh Stewart took place yesterday afternoon, the 
interment being in Fairview cemetery.  Stewart, it will be remembered, 
is the man who died from injuries received by being struck on the head 
with a base ball bat.

Morning Tribune, Altoona, Pa., Monday, November 17, 1890