Wichita eagle., 1886-12-29
IERR1cK.srRELIMINARY.
Motion to Discharge the Prisoner OEerruled-
The Defense commenced the fntrodrc-
ton OF Testimony.

| The first witness put upon the stand was
| George ". Doyle, who lives at Mrs VIII
/ sons ia West Wichita. He said be knew the
/ deceased in Kansas AMI also in Illinois. Ee
waited u2on him from Friday night until he
/ died When be told him Eyes" in reply to his
/ question, "Do you think l will die?" he cor-
menced praying He said he was hurt at
/ Eaus restaurant, and was struck Will; q
sling shot OF loaded whip.
! J. 8 Carroll, the farmer with whom tie
deceased lived about eight and half miles
southwest Of the city, said: O@ings left my
/ place on the 14th at 4. m, saving he was
eoing TO Oatville to get q draft OF $50
/ from his brother. He had some monoy be
Sides two $50 gold pieces. l saw him next
when he dead; he was good man and
| tended around the house: l came in Thurs
day TO take him home bnt could not find him
and | went home without him; he made my
home his for years; his eyes were bad; be
could 90 any where and see to travel but had
10 shade his eyes when the sun shone.
| Coroner J. w. Wmgard said that lie held
| the inquest, wrote the testimony and that
| the SlsS ISUuTeS were COrTecU.
John Nau: Defendant was my bar keeper
for five Or six months; when he went to
meals the clerk took his place.
| D. H. Matherly was the first witness called
in the afternoon: l passed the Nau restaur-
ant twice on the night of the 14th, and saw a
man coming down the stair; he did not speak
a word TO me nor 10 him; heard a racket
up the stairs and after the noise ceased the
words, take that, upon -- bead. This
was between 10 and II O'clock did not hear
any blow, nor did not recognize the voice.
At 3 o'clock the defense made a mo-
ton that the prisoner be discharged,
as the state had not made out
"A Case. After listening to the argument OF
the attorney for the defense, Justice walker
o9erruled the motion, and then the witnesses
for the defense were introduced
William Walker, the dishwasher al the
Gsrnania restaurant, said: l have been en-
ployed at that place for two months; did not
know Owings. / was standing out on the
platform of the upstars whsn | saw a man
stagger along towards me; ''look out boss,
don't stumble" sail; the man stumbled and
fell down stairs; the bar-room door was
partly open and told Jerrick that a man
had fallen down the steps; he and the cook
went down stairs and we found the man ly-
ing there on beer kegs; he could not stand
up the bar tender and the stable boy helped
HIM into the kitchen; the two washed his
face. There was no railing at the lower
part of the stairway; there was g sharp edg
ed post at that part of the stair, and upon
this | noticed blood; piece of zinc was lying
among the kegs. His hat was not cut, [ do
not know what became OF it. When be
was carried into the kitchen l ask
ed him if he wanted doctor
he said ne only wanted to go to bed
saw him again when he came into the bar
room and asked for another drink Gross
examination: when I came out of the saloon
the old man came from the front along the
PLATFORM picked him up at the bottom of
the stairway; when / asked MIN if he was
hurt he said mo it don't amount to any
thing cook was first there; when he fell he
did not make any cutlery; did rot see any
money about him.
John Longer, the cook, gave his testimor y
through John Hoenscheidt, as Interpreter:
was in til. barroom and standing
in front of the bar talking to Jerrick
who was behind it; heard racket as of some
one falling down stairs; the dishwasher came
up and said th.t some one had tumbled
down stairs; although it was dark we could
see man lying On the beer kegs at the foot
of the stairs; the diShwaSher had this mans
hat in his hand l did not see any holes in it;
he was carried into the kitchen; | after
wards carried the candle as John Nan as
sisted the man to his room.
Fritz koebauck, stone mason. who was
in the bar room on the 14th says: did not
see Owipgs come into the room; there
were six or seven men in the
room; William Walters, the dishwasher,
went out and left the door open little some
one came staggering along the platform, put
his hand upon the door. then fell down the
north steps: soon the dishwasher came in and
said some one had fallen down stairs: we
found Owings lying at the foot of the stairs
have been up and down stairs often there
was a railing only part way down; there are
twenty steps; the stairs are eighteen feet and
six inches i'll length, and very steep q man
would go down in a hurry; the man
was lying close to the stairs
on his left side, face to the street ::
it is eleven inches from the north side of the
door to the top of the stairs; knew nothing
about him having any money.
Stephen Gibson, clerk ct the restaurant
was the next witness: On the night OF She
l4th Owings came TO the Office and asked for
bed: he had no money aud Mrs. Nau told
him that be ought not to spend al! his money
for whisky but save some to pay for his bed ::
two DAYS after be was hurt he came TO me
in the barroom and asked for q drink;
would not give it TO HIM. but told him he
had better go home and attend TO his
wounds; | was present when his pockets
were searched; no money was found, but a
half pint of whisky dropped from his pocket
the present railing was put upon the stair
way the day after he was hurt: there was a
piece of zinc lying among the kegs.
This conc uried the testimony for the day
and court adjourned until Q O'Clock this
morning, when the other witnesses for the
defense will be introduced.
AN OPERA HOUSE SCHEME.