The morning call., 1892-08-13
FIGHTING FOR DEAR LIFE.
McNnlty's Latest Effort to Es.
cape the GallOws.
His Counsel Abandons ths Insanity Plea and
Endsavors to show Mitigating
Circumstances

Last evening Carroll Cook, the indefatig-
able counselor for McNulty. took steps to
get into form some new testimony which he
hopes will have the effect of inducing Coy
ernor Markham to change the penalty for
Collins homicide from death to imprison-
ment.
The procedure, for which the attorney
admitted there is as yet no precedent, con-
sisted in taking the testimony of several eye
witnesses to brutal assault on the con-
demned man the day previous to the
shooting. In order to show mitigating cir
cumstances which were not brought out on
the trial, where the only defense was in
sanity.
An invitation had been sent to the Dis
trict Attorney to be present for the purpose
of cross examining the witnesses who
should present themselves, but as the
gentleman was out of town the inquiry
went on without him. There were 10 wit
nesses TO be examined. but of these only
four presented themselves at Attorney
Cooks Office last evening to give their yer
sion If the difficulty which led up to Collins
murder.
AN ENGINEERS STATEMENT.
The first of these was Joseph Bassilio, an
engineer on board one of the Black
Diamond Coal Company's GOLFERS. He is
the head of family Of Is, resides on his
own property at ZIG Union street, and has
been in the company's employ for the past
"a years. His testimony was that on the
day previous 10 the killing Saturday, March
"a, 1889 he was on the Main-street dock
dlschargiDg and was attracted by some
trouble among the shovelers belonging to
the ship Spartan. Just then he saw Nc
Nnty rushing out of Browns saloon. at 1IS
Bryant street, closely followed by George
Haskell ST.. and Collins the deceased).
Word had been sent down to the ship
before that, to HaskelPs sons, that their
father was in trouble, and when McNulty
came out OF the saloon he was attacked by
young Haskell. who seized a stake from
passing truck and belabored him. McNulty
al no time was the aggressor. He stag
gered from the blow and on recovering
himself immediately started TO run.
pursued by the Haskells and their crowd.
MeNulty sought refuge in the Reunion
saloon, where the proprietor gave him
shelter and barred out his pursuers. An
hoGr later witness saw McNulty, who was
then very drunk. aud he complained of
feeling pain from the blow be got
PURSUED AND BEATEN.
Captain Bernhard Harde, whose telegram
to the Governor on Wednesday last was the
means of prolonging McNulty's life for at
least fortnight, was the next witness.
lie was an eyewitness Of the attack de-
scribed by BassiliO. and mas able to describe
the occurrence With much more particular
itv as lie was within few feet of McNugty
when young Haskell struck him with the
truckstake. The blow, he said, caused the
man TO spit blood. Previous TO that the old
man Haskell had been Quarreling with him,
and II was he who urged Collins To take up
his fight. Collins readily consented, and
the two men, followed by the crowd, went
down TO the wharf TO have it out. The
whaThngeT, however, drove them away.
All this time McNulty was demanding 10
know why Collins wanted to fight another
mans battle. 10 which the latter made vile
and threatening replies.
After being driven away from the wharf
the crowd went to the Boss saloon, and a
few minutes later McNulty came running
out with his coat in his hand, pursued by
the haskells, Mike Halpin. Collins and sew
eTal others. who kicked al him. threw rocks
at him, etc. 1t was at this stage that the
younger Haskell hit him with the stake.
CoRROBoRATIvE TESTIMONY.
Henry Eyin and Thomas +. Coghlfn, two
sal0on-keepeTs, testified to the same occur
renee. their accounts being eorrobOrative of
the previous testimony. The only new point
brought out was in the examination Of
CoEh!in, in whose saloon McNuity found
shelter from bis pursuers. He testified that
tie man was so badly hurt that he stripped
him and bathed his injured side with
. whisky.
This brought the examination to close
for the evening. Next Monday the testi-
mony of James L. Fogarty, father of the ex-
deputy surveyor of the port, Mr. Wilmington
OF the Oregon Improvement Company VIII
liam Brown. an employee of the same CON-
pany, Sam StTyker, and a man named
Berry, will be taken. Ii is also thought
that Captain JOHNSON OF the schooner Il. W.
wilson, now five days out from Grsys Har-
Dor, Will arrive in time to strengthen the
prisoners position. The nature of his tes-
timony IS not known. but 1t was given out
last night that IL would be most important
MeNulty himself made a statement yes
terday OF like tenor TO that reported above
IL is now In the eopyist's hands. and will be
sworn 10 as soon as il is engrossed.