The Portland daily press., 1874-01-22
THE DOYLE CASE.
Gormley Discharged.

torney Butler for the State
DR.. III. T. Merrill was the first witness called.
/ He attended Doyle from the Saturday after he
was hurt until the next Wednesday. Doyle' .
arm was disocated and two bones were broken.
~. oordon was with him when he attempted
10 set the bones and on the Wednesday before
Doyle died. He treated Doyle for the arm and
| Tor constitutional effects. Gave orders to
strengthen him by strengthening medicines.
d ne knew Doyle's habits before he was called in
| this case. He was an intemperate man. He
saw no signs sofdelirumlabout of him when called
| TO him. The reason why the doctor called the
elbow smashed to pieces was because there was
dislocation and fracture together, in which case
there is alwsys a laceration of the soft parts.
/ The man must have had severe fall from
| striking on the arm: Throwing out the arm to
l break fall might have caused the injuries
| DR.. LIE Prohon gave his diagnosis of the case,
| he having been called after Drs. Merrill and
Gordon had given Doyle up When he first
saw Doyle his right arm was discolor ID for six
| inches above and below the elbow there was a
| feeble pusation in the wounded arm, iudicat-
| ing compression of the artery caused by clot
| ct ct blood; also tendency towards vomiting.
| The next day the man was sitting up in
chair: Said he felt perfectly well. Evidently
was dellrious Got him back to bed. Until his
last visit on Friday the 10Th, at about 81 p M,
the arm kept growing feebler, and blacker, and
he would get well. The witness encouraged
him and told him if his arm was better the
Lext morning he would fix it on Monday At
four O'Clock the next morning Doyle died. The
witness had seen worse arms get well. Detect
ed no other disease in his patient. Considered
the arm the cause of his death. No amputaton
was ever attempted 1t would have been mad
ness to try it.
Mrs. Ellen Doyle was the next witness. Her
husband was well, strong man up to 1.-THE time
of the injury from which he died. Went from
the house at 10 a. M, and came home at 12a
and went to bed. Had no signs of liqnor about
him. Didn't begin to complain of his arm un-
til 9p. M. Suffered great pain in the night,
rum and put flannel on it. She couldn't say
whether the arm grew worse after Drs. Gordon
and Merrill treated it. She never left the room
till her husband died. She talked with him
twenty minutes before he died.
discussion as to the adnissibility of
dying declarations here took ploce. but the
Judge admitted Mrs Doyle conversation with
her husband.
Mrs. Doyle then told the same story about
the assault that was published, and said her
husband told this same story to eyery one that
came in. The last words he said were that
Gormley killed him. aHe died rghtafterwards
like the blowing out of a CANDLE
Patrick Sheehan testified to seeing Doyle on
the ice at Gormley's back-door and helping
hlm up gong for hack, and Doyle's walking
home Sheehan didn't go into Gormlev's
shop, ueither did he see anv incident of the af-
far other than crowd at Gormley's door
DennIs Cain went into Gormley's. Doyle
asked Gormly for drink and Gormlev said he
had none tor him. Doyle said he would nav for
it. Sheehan then called witness out Of the
store. When he came back-to the rear of the
store-ne helped Sheehan raise Doyle. When
he left the shop there was some half a dozen
George B. Clark heard Gormley tell DOYLE to
go out of his shop. Didn't see Doyle 90 the
front door SO Gormley told him to go to the
back door. Doyle went and witness ran out
the front door, round to the back gate and saw
Doyle fall upon his right si6e. Didn't see what
caused Doyles fall, and couldn't tell if he was
in liquor. Didn't notice if Doyle put his arm
out as he fell Think he struck on his elbow.
Edward Hudson was in the shop and DOYLE
and Gormley were together. Gormley request
ed Doyle to leave. He said he would but first
wanted to pay Gormley what he owed him.
Gormey said ne didn't want it and for him to
take it, leave the shop, and never come into it
again. Doyle still said he wanted to pay.
Gormley put his hand on Doyles shoulder in
coaxing way and.told him to follow him when
he said he woudn go. they went to the front
door and Doyle fell, Think he fellIby reason of
George W. Blake saw crowd in Gormley's
shop. Heard Gormley ask Doyle to leave.
Doyle said he would go, but made no move
ment. Gormley then led him to the door and
pushed him. He fell on his elbow. He had
been drinking.
john Flaherty testified to hearing Gormley
ask Doyle many tines to leave the shop. Doyle
kept saying, Il will'' but still fingered. CORN
ley seized him by the shoulders and pnshed
him down. Witness then left.
Marshal Parker testified to hearing of the
case on the morning of the 14th of January
In answer to question from the Judge Mr.
Parker said he called at Doyle's house to ascer-
tain his condition and obtain bis post-mortem
statement. This statement was ruled out. The
government then closed its testimony
MI Webb opened for the defense, and said
he was prepared to prove thut his client used
only necessary force if any; that the affair was
an accident; that death resulted from neglect
\ of the injured arm.
The first witness called was the respondent,
Patrick Gormley.
Mr. Gormley testified that ne was 50 years of
when Doyle and others came in. Doyle was
so drunk he staggered He asked for a drink
of beer. 1t was refused. Doyle then asked
| for drink of cider for Kane. Think Kane
said he didn't want it. Told Doyle he couldn't
have drink under any consideration. He
then said he wanted to pay bill Told him
he was too drunk to pay it and that he never
offered to when he was sober. The bill had
been standing about seven years. Told him he
had better leave and keep away from the place
altogether He kept saying he wanted to pay
the bill. One of the men tried to get him
away. Witness wanted him to go but he re-
fused. Witness opened the door, fastened it
back and told Doyle there was chance for
a.
| touched him. 1 then asked him to go out by
| side door. Opened side door and went out
Doyle followed. Told him he might pass out
on India street He raised his list to strike
| witness. Wituess warded him off and pushed
him with left hand. Turned back into the shop
and shut the door. Did not see him fall. Heard
| him push at the door. Did nol strike him at
all, nor touch him, but this time. Did not
know he was hurt until two days after.
| Michael Roberts, who works at the Rolling
| Mills, testified that he was in Gormleys shop
| when Doyle and another man came in. Doyle
asked for beer and Gormley refused it. CORN
| ley then opened the door and the two went out.
Gormley asked him to go out five or six times
Gormley did not touch him while in the shop;
saw no more
Joseph Phillips was in company with Rob-
erts; he put his hand ON Doye's shoulder and
| asked him to go out; Gormley waved Doyle
out and witness lessened his hold. Doyle
couldn't stand steady.
John Russell was coming up from the Grand
| Trunk rOund-house and saw a crowd in front of
Gormley's shop; looked in and heard Gormey
telling man to leave his shop; didn't see
| Gormley touch Doyle, but think Doyle made a
motion to strike; witness went down street and
saw the two come out of door. Doyle pressed
toward Gormley, Gormley pushed him and he
fell; he rolled over, sat up and began to rub his
arm; then he got up.
Michael McCabe, of Worcester, Mass, was
| in town on a visit on the day of the occurrence.
Was passing by Gormley's and saw the crowd !;
| went IN TO See what was the matter; saw what
| other witnesses for the defense saw in the sa-
loon; after the two went out saw Gormley push
J Doyle: Doyle slipped and fell witness went in
to the shop and Gormley said be should not
open until Doyle went away; Doyle raised his
hand to strike and Gormey pushed it off; then
| Doyle's feet went out from under him and he
| fell.
John B. Littlefeld was on his way to dinner
on the day of the trouble and saw the crowd in
Gormleys shop His statement corroborated
| that of McCabe.
John Hart, driver of a bakers cart, saw
Doyle walking home after the fracas. He was
staggering little. This concluded the test-
money for the defense.
The Court found there was not probable
cause, and ordered the respondent to be dis
| charged.
SACRED CoNCERT.-The following attractive
programme of the Sacred Concert to be given in
| CITY Hail. Sunday evening by Miss Carrie Barr