Los Angeles herald., 1891-04-30
THE COURTS.
THE SENSATIONAL LINE OF DE-
TENSE IN THE DYER CASE.
The Defendants Counsel Claims That the
Complaining Witness and the Defend
ants Wife Had Been Unduly Intimate.
Other Cases on Trial,

The case OF Frank J. Dyer, charged
with assault to murder, was called again
in department one of the superior court,
yesterday, and the prosecution being
this time ready to proceed, the court
proceeded to impanel jury.
Dyer, it will be remembered, is the
man who shot ). H. Taylor, in front of
the Natick house, on the 22d of Septem-
Der last. The affair at the time excited
considerable public interest and COM
ment, the shooting being supposed to be
the result Of undue intimacy between
Taylor and Mrs. Dyer. The story, so
far as known, is too familiar to render
any summary necessary at this time. 1t
having been announced, however, that
number of new and perhaps sensa-
tional developments would be forthcom-
ing at the trial, there was quite a large
attendance at the court room, no ladies',
however, on this occasion being present.
It was not until after 2 O'Clock that
jury was obtained, and the first witness
placed upon the stand.
w. W.. Holcomb, an attorney, testi-
fed as to hearing the shot fred, and
afterward helping to take Taylor up
stairs to room in the hotel.
Bob Martin, police officer, testified as
to making the arrest, and identified the
pistol, a four barrel "pepper box,"
which he had taken from Dyer, and de-
livered to the police clerk. The pistol
was then introduced in evidence, the de
tense entering an objection.
j. G. Curtis, clerk in the hotel, testi-
fed as to the incidents relating to the
shooting known at the time and already
published.
DR.. X. d. Wise was called, and on be-
ing sworn told what he knew of the
case. He was called upon to dress Tay-
lor's wound, and had treated him for
two or three weeks after the shooting.
Had probed repeatedly for the ball, but
had been unable to locate it.
Mr.. Bouton, an eye witness, could not
positively identify Dyer as the man who
did the shooting. He had testified at
the preliminary examination, however,
and knew Dyer to be the same man who
was then charged with the assault.
On cross-examination witness stated
that he was the one who first seized the
defendant after the shooting occurred.
F. w. Bishop, Frank Vernon, w. H.
Wolfe, A. F. Cochran and others testi-
fed in regard to the occurrences as they
witnessed them at the time of the shoot
ing.
Chief of Police J. M. Glass was also
called to further identify the pistol, but
could not say with certainty if it was the
one taken from Dyer by Officer Martin
and delivered over to the clerk in the
office.
James H. Taylor, the complaining
witness, then took the stand and gave
his story, which was the same as that of
the eye witnesses.
On eross-examination Judge Camp
Dell began n series nf qnaatiOne cover
ing space OF two or three yeare pre-
vious to the shooting, which at once
raised an objection on the
part of the prosecution. In
defense of his particular line of
questioning, Judge Campbell spoke at
some length and eloquently. He pro-
posed, he said, to prove by the witnesses
own testimony that several years since
he had succeeded in establishing de-
gree of intimacy between himself and
the wife of the defendant, which had
totally destroyed the DEFENDANTS peace
of mind and family relations, and
that the defendant had sustained those
criminal relations through course of
years, until his conduct had become, to
certain extent. justification, or at
least mitigation for the defendants
action. This occasioned heated argu-
ment between the attorneys, which
finally resulted in the court sustaining
the objection of the defense and ruling
Judge Campbell's questions out of or
der. The witness was then handed a
number of letters, which he was re-
quested to examine for the purpose of
Identification.
Taylor was then asked if he had writ
ten the letters or not, to which he re-
piled that the writing resembled his.
He would not at first say more than
this, but being finally pushed to the
wall, and the court commanding him to
answer the question, he said that he
believed that the letters were written
by him. The letters were then labeled
as exhibits for the defendant, but not
offered in evidence at that time.
Police Clerk Bean was then called,
and positively identified the pistol
already put in evidence as the one taken
from Dyer at the time of the shooting.
The prosecution then rested, and a
recess was taken until 10 am. today,
when the defense will present its case.
1t has been subject OF much conjec-
ture what would be the line of defense
adopted, and the announcement OF
Judge Campbell has settled the doubt
and shown wherein the surmises of
many were correct.
The case will be continued today.