The record-union., 1894-01-13
TAKEN UNDER ADJUSTMENT.
B. Muir Examined for Assault With a
Deadly Weapon.
Melchoir Tells How His Employer
Snapped the Gun at His
Fleeing Form.

AOOAh8 CA
Judge Buckley held court in Depart
ment One of the Police Court yesterday,
and passed all the calendar except the
case of D. Mason, for violating the avn
ing ordinance, which he continued for
one week.
When Justice Devine opened the Po-
lice Court yesterday morning in Depart
ment Two, he discharged W. II. Perry,
whom he sentenced the day before to
twenty-four hours imprisonment, he
having served his time.
Pat Malloy, who was convicted of sell
ing lottery tickets, was fined Sl5, which
he paid.
The case of B. Muir, charged with as
sault with a deadly weapon upon J. n,
Melchoir, was called.
The prosecuting witness testified that
he and Muir had some words, and Muir
told him he could whip him. and struck
him while witness was getting off his
coat, and knocked him down. Witness
then clinched him and rolled over on top
of him, and a man named Scott pulled
him Oft. After they were separated he
and Muir picked up cobbles and threw
them, and his cobble went over Muirs
head. Muir went into the house and got
his gun. He came out on the porch with
1t and snapped two caps at him, but the
gun did not 60 off. Muir went after more
caps and witness ran away, and Muir
chased him down to Eighth and p streets
aud snapped both caps at him again.
When Muir came out Of the house he
said he would fix the ---.
William Page Salvation Army Bid
swore that he was in the yard at work
and did not see the row in the factory.
He saw Muir come out on the porch with
the gun; Muir passed TO the other end Of
the porch, out of his sight. and as he is
hard of hearing he did not hear any caps
snapped. He did not see MelchOir until
about fifteen minutes afterwards, when
he came and asked witness to get his coat
for him.
The gun was examined in court and
one barrel found to be loaded, and evil
dence that caps had been snapped on the
tubes.
Mrs. E. Couchman, who works for
Muir, saw Muir and Melehoir talking eX-
citedly. Melchoir picked up two cobbles
and threw one at Muir, who went out
into the street and clinched Melchoir.
Scott pulled Melchoir Off Muir, who went
back into the house. She did not see him
get the gun or hear the caps snapped.
One barrel of the gun had been loaded
since last September, but there were no
caps in the house. She did not hear Muir
threaten to kill Melchoir.
Scott St. Brain swore that he is en-
ployed in driving the pickle wagon He
saw the difficulty. Melchoir started to
draw some vinegar in bucket and Muir
forbade him to do so. They had some
words and Muir told Melchoir he could
whip him.
Witness corroborated Melchoir's testi-
ac 70 10 0ir tov 4 -
ness pulled Melchoir Oft Muir went into
the house and got the gun. He then came
out on the porch, pointed the gun at Mel
choir and snapped the caps. Witness
heard three caps snapped distinctly. He
heard Muir ask Mrs. Couchman for caps.
She was standing near him and could
see and hear all that was done. Muir said
he would Kill Melchoir if il took him ten
years. ez
Melchoir was going toward the Y-street
levee and was in the middle of the street
when Muir first snapped the gun at him
and was nearly a block off the second.
Witness acknowledged saying that he
gave Muir every chance to get rid of him.
He did not wish TO testify in court and
kept ont OF the way of q subpoena until he
was told there was warrant out for him,
when he surrendered himself to Justice
Devine.
Poundmaster McNulty swore that Scott
said if Muir had paid him he would have
got out, but now be could swear to what
he pleased. Witness and Mrs. Couchman
were together in the house. He had not
been drinking.
Mrs. Couchnan said she and McNulty
were at Muir's house together when Scott
came. She corroborated McNulty's tes-
timony. She does not live with her hus-
band, but works for Muir and lives in
his house.
Muir testified that Melehoir wanted to
fill an order which was not on the books,
and witness would not let him do so.
Melchoir called him a grey-headed old
He ordered Melchoir out
of the place and discharged him. Mel
choir picked up cobble and threw IL at
him down, and when Scott pulled Mel
choir off witness went into The house and
got his gun. The gun has not been shot
OFF for ten years and there were no caps
on y it. His son has tried several times
to fire off the load that is in it. but
COULD not. He got the gun to intimidate
Meleff oir, and did not raise it to his
shoulder or snap it. He did not recollect
saying to Mrs. Couchman, Lizzie. bring.
me sonae caps.''
The court took the case under advise
ment.
The charge of threats against life was
then taken up, and Scott st. Brain swore
that he heard Muir say when on the
porch, after Melchoir ran away, that he
would kill Melchoir if it took him ten
years. This was after Muir had snapped
the gun at SIelchoir.
Muir took the stand and denied MAX
ing such a threat at any time. He does
not want to Kill or harm Melchoir now,
and wants nothing to do with him.
The court said that. under the circum
stances, he would not place Muir under
bonds to keep the peace. but if any such
threats were made hereafter he would put
Muir under the heaviest bonds possible.
He then dismissed tie charge as well as