The Superior times. [volume] (Superior, Wis.) 1870-1912, 1891-02-21

murder, in that he struck the blow
some months since which resulted il
the death of our then register of deeds
f. Y. Mundy. The case was called
" ednesday afternoon, District Attor
ney Murphy and Ex-District ATTORNEY
Green appearing for the state, and
Hon. Chris O'Brlen, Of St. Paul, and
c. l.. Catlin, of this city, appearing
for the defendant.
Frank Herman, q witness who was
not examined 1T the preliminary eX.
animation, testified that he was stand
+ ing just north Of Eighth street when
the trouble occurred in front Cf the
Richie block He saw a blow struck
at Mundy but could not swear rs to
! the Identity of the man who struck it.
Louis Budeau, the Frenchman with
whom Lawyer c. Brien had the war of
words at the preliminary examination
and the lattcr's victory in which there
was great doubt, was on hand, and
! told substantially the same story. He
! had wanted to see Mr.. Mundy, but
| upon seeing him engaged in converse
ton with other parties, had crossed to
to the other side of the street While
/ standing there he saw Mr. Mundy
! struck down by onearmed man, and
/ that man was W. II. DIVER
| ID. y. Sauer, cigar maker, had wit
messed the affair as he was walking
/ toward the party in company with his
! friend Frank Turner. He saw Mundy
| pulled into the crowd, and struck
down, but by whom he could not
swear.
! Frank Turner'S testimony was suO-
/ st2ntlally the same as at the prelimin-
airy examination. He had seen Mundy
/ jerked in among the others, apparent
l., and designated Dwycr as the man
| who knocked him down.
At this point court. adjourned until
nine O'Clock Thursday morning. On
Thursday several witnesses testified,
the evidence being very similar in each
case. Doctors Wylie, Common and
Beck testified substantially as follows:
| DR.. Wylie-The cause of Mr.. Nun
dy's death was an injury to the head,
| producing an injury to the brain tissue
on the opposite side of the head, the
| injury was Il fracture Of irregular di-
rection near the right ear, extending
! back from the right eve and
/ downward.
/ The autopsy developed that Mundy's
skull was unusually thin, though not
more brittle perhaps than any skull Of
| like thickness. There was Il breaking
down of brain tissue and evidences OF
fused blood en- the opposite side of the
head; 4 condition which is not unfre-
! quent in case of fracture. \ violent
blow, in the opinion of the witness,
il delivered upon the temporal bone,
which is the point of fracture on Mum
dy's skull might produce fracture.
Bat the possibilities OF such a fracture
as Mundy sustained were not great
II this fracture was caused by q blow
from The fist, il was the first of this
character that ever came under the
observation or knowledge of the wit.
ness
Or. Common illness was in Nun
dy' company during the evening; left
! him at superior Club; witness walked
north on Tower, leaving Muudy, III
! company Of J. b. Sutphln; next saw
Mupdy lying On left side on pavement
! with feet TO the north; WAS lying par
allrl with curb, about one foot from
curb; the right side Of face was Gov
cred with blood; witness concluded
that there were injuries to head, witness
called hack and conveyed injured man
to hospital; examination there dis
closed that blood flowed from tn right
ear. Witness concurred with DR.. Wy
Les testimony in reference to the
autopsy: cause Of death was injury to
Mundy's skull Was thin and seemed
quite brittle: witness thought 4 frac-
ture to a mans skull might be caused
by Il blow from :; mans fist, delivered
in lie region of the temporal bone.
Or. Beck testified thai blow from
the fist might produce a fracture such
as that sustained by Mundy; had
| know ledge OF Il case where a man had
died from the effects of Il blow from
/ the fist upon the victims head; he had
no knowledge of Il fracture Ike that
upon Mundy's skull which had been
caused by a blow from the fist.
! John Z. Agnew reviewed all that took
place on the night Mr. Mundy was
! killed and closed with this somewhat
astonishing declaration, "DWyer did
not strike MIindy but simply threw up
his had as 4 protection principally.
Charles p. Monohan followed Mr.
! hgnew and coroborated the latter $
/ statement Of the affair. He stated
/ that Mundy was very drunk and that
"Dwyer did not strike Mundy, but did
offer his hand as d guard when Mundy
came in his direction
/ The attorneys began talking Thurs
day afternoon and are still at it at this
writing, Friday morning, but promise
4 to get through before dinner
tlec; Directors.
! The stockholders Of the Trade and