Wichita eagle., 1886-12-28
JRRRICK's PRELIMINARY.
Are Owing's Last Words ADMISSIBLE as Dying
Declarations, Is the Question Upon
Which the Csse Turns.

a
Declarations, Is the Question Upon
Which the Case Turns.
The prelimary hearing OF John Jerrick,
charged with the killing of Thomas W. Ow
irgs, was commenced yesterday afternoon
before Justice Walker, the prisoner being
represented by Nj. Earl; county attorney.
assisted by Mr.. Jones, prosecutor eiect,prose
cusing.
Dr.. Fisher, the attending physician of th"
deceased, vas the first witness called. His
testimony did rot materially differ from that
given at the coroner's inquest.
He was followed by DR.. Brandon, who had
also been called to attend Onings. The doe
tor said that the skull was not broken the
injury being nothing further than cut up
on the scalp. They were two in number, one
a clear cut upon the center of the head, the
other a lacerated cut upon the side of his
head: the latter might possibly have come
from fall, the first must have been cu5 by
sharp instrument.
Mr Coffey, the hack driver. was put upon
the stand to prove conversation between
the prisoner and two friends at George Syl-
vers dive in which the former stated that he
had ''put head upon man who it was
thought was the deceased. The witness,
however, could give no evidence of any i'm
portance upon the case.
Dr. Fisher was recalled and questioned re-
garding the statements made by the de
ceased before he died as TO how he
received his injuries. TIE prosecu
ton endeavored to introduce this part of the
doctors testimony as dying declarations.
The defense, seeing the great valgle OF this
point to their case objected, and and had the
objection sustained by the justice.
o. ". Yard, an important witness in the
prosecution, was the first time upon the
stand in this case. Il was with him at his
death on Sunday night. Saw him first after
his injury noon Saturday and had a CONVEX
sation with hirn. The doctor came to see
him and [ asked HIM how O~'ings vas. He |
told me to come outside and he would tell |
me l followed him out and be said the /
chances were against him. I came back and |
told Owings he was going to die. He sighed
and made 10 reply"
Here commenced discussion as to the in
PRODUCTION of his testimony. Prosecutor
Balderston took the witness aside and after
Z private conversation replaced him upon
The stand. He continued his statements as to
The surroundings of his bedside. CAT first he
appeared very restless and started to pray"
1 Best evidence in the world that a man fears
ieath when he commences to pray" put in
he prosecuting attorney. The justice ad
nitted Yards evidence as dying declara
ions in spite of the objection of Mr.. Earl.
ION Saturday" continued the witness, she
urned his eyes upward and said, Lord have
mercy and then followed some incoherent
emarks. Sunday when | told him of his
ppi oaching death he murmured Our Fa-
her. and continued saying something |
ouldn't understand. He was not a profess
or of religion, nor a praying man. On Sun
ay when | asked him how he came by his {,
urt he said, Il was struck 'Wheren ask
d. 'On the street opposite the Douglas
Avenue house Who struck youI ! enquir-
d, John Nau's bartender What forH He
truck me for my money: he got about $50.
w as there anyone YOU kne" Iii the ear room
& the timeH No ene,' he said"
J. Il. Cummings was next called. Il met
)wing5 on the bridge one afternoon; he had
handkerchief around his head and no hat on.
drove 70 the side and asked him as to the
njury." His reply was objected to- Il saw
i'm during his sickness and heard his con- J
ersation with Mr. Yord. He was sinking
lst, at O'Clock he took glass into his I
and and when he took it held it with
cath like grip"
The evidence OF J. K. Thompson, the next
7itne-s was about the same as at the coro- {
erS inquest
Saliie Dozier was examined as to the re-
larks made by the prisoners In her presence
t George Sylver' but as she had been drink L
az beer did not remember what it was
George Sylvers said he too did not remeM-
er anything that was said.
Jno. w. Wilson, at the house of whom Ow- 7
!gs died, gave no important evidence.
The case Was then continued over until
lis forenoon at 10 O'clock. y