The record-union., 1894-01-27
hRS TRUTHS DISLOCATED Jaw.
one lOld Dr. Fay That She Caused It
Herself.
another Days Testimony In the Libel
case Of Gilman Against the
Evening Bee."

Evening Bee.c
when the damage suit of c. II. Gilman
against the Bee publishers was resumed
yesterday Y. s. McClatchy was sworn for
tne defense. He testified that he enter
tanned no malice toward Gilman because
OI his having instituted the suit. At the
ume of the publication of the articles COM
pialned of Gilman was an advertiser IN
the paper. AS to the details of the affair
70 which the publications referred. the
witness knew nothing except as learned
through the reporter u. A. Sheehan) who
was detailed to attend to the matter, and
whom he considered competent and trust
worthy,
Patrick Barry was recalled and asked
If he went TO the Bee Office after court ad-
5ourned on the preceding day. He re-
piled that he did: that he was there
but a few minutes, and did not see the
proprietors. He was then cross-exam-
ined by Judge Hol on his direct testi-
mony.
He was asked if he told Mrs. Gilman
and her mother on their return that Mrs.
Vruitt was bad woman, that there was
no truth in her story, and that she was
putting up job on Mr.. Gilman. He re-
piled that he did not recollect having
done so.
AS to the buttons that Mrs. Truitt
claimed to have picked up in the hallway,
the witness said he saw her pick up
something in her own room. She showed
him threesbuttons, which she claimed had
been torn from her dress. The next day
she told the witness that he would be
subpenaed as a witness.
Alter Mrs. TRUTHS return from San
Francisco, after the alleged assault, she
went to the stable and asked for Mr.. Gil-
mans horse and buggy. Witness told
her he could not let her have them with
out an order, and she replied that it
would be all right with MIR. Gilman.
Barry said he could not recollect hav-
ing told Gilman that Mrs. Truitt and her
friend (Madison) had concocted some
story to frighten Gilman after he had re-
fused her credit at the store. II he had so
testified in the Police Court 1t was true.
Whatever he testified TO then was the
truth, but he could not now recall all the
facts.
The witness testified that one night he
was not feeling well, and went to cup
board in the rear of the house, and saw
Mrs. Truitt and Madison in conversation.
1t may have been o'clock or later; he
could not say. He said if he testified in the
Police Court that he heard the footsteps
of man leaving Mrs. TRUTHS room
about or o'clock in the morning, going
down stairs, it must have been true. That
was while Mrs. Gilman was away from
home.
He did not remember testifying in the
Police Court that Mrs. Truitt did not tell
him that Mr.. Gilman had ill-treated her,
or made any assault upon her, until after
she had been refused credit at the store.
If he did so testify it was the truth.
On redirect examination the witness
testified that no person connected with
the defense had offered him any induce
ment to testify in their interest.
At the opening of the afternoon session
Judge Holl asked Barry if he had once
been convicted in San Francisco of per-
Jury, and sentenced to the State Prison.
He explained that on an appeal to the Su-
preme Court the judgment was reversed
and Barry was discharged.
The next witness called by the defense
was DR., f. G. Fay. He testified that on
the night of the 1lth of August, 1892, be-
tween IL and II o'clock, Mr.. Gilman
called on him to 60 his residence and fix
woman's jaw, as there was something
the matter with it. He went there, and
found woman with her right jaw dislo-
Gated. He set the jaw by the aid of Mr..
Gilman, and tied The woman's head up
with towel. He asked her how it hap
pened. and she said she did it while pick
ing her teeth, that the same thing had oc-
Cured once before.
The woman did not seem to be over
excited. Mr.. Gilman paid him for his
services. Mr.. Gilman was somewhat
nervous.
The witness said that when the jaws
are open it is not difficult to cause a dis
location, but if closed it would be much
more difficult.
To Mr.. Johnson DR.. Fay said that there
was no rule as to the cause of a disloca-
tion of a jaw. 1t might result from va
riety of causes.
The woman made no complaint to wit
ness of any assault by Gilman, and the
latter did not enter the room until re-
quested to do so by the witness. 1t would
be possible, he said, to dislocate jaw in
the manner stated by Mrs. Truitt. Some
force was necessary to reset the jaw.
Mr.. Gilman did not pay the bill until
sued for the amount.
A. J. Healy, newspaper reporter,
testified that on the 10th of August, 1892,
he saw Mrs. Truitt at the house of Mrs.
Kelly, on Nineteenth street. Mrs. Trultt
then made statement to him concerning
the alleged assault upon her by Gilman.
He was asked if certain article from the
Bee contained a fair statement of what
Mrs. Truitt said on that occasion.
Mr. johnson objected, on the ground
that the testimony would be hearsay and
irrelevant; that the witness was not IN the
employ of the defendants, did not write
the article, and was in no way responsible
for what appeared in the Bee.
Mr.. Jones contended that the article
was based partly on statements made by
MIR. Healy to the Bee reporter, Mr.. Shee-
han.
The court read the article and sustained
the objection.
After stating the nature of Mrs. Truitts 5
charge the witness was asked if he had
ever interviewed Mr.. Gilman on the sub
iect, and replied in the negative.
To Mr.. Johnson the witness said Mrs.
Truitt was a woman of rather stout
physique.
Chief of Police Rodgers testified that
Mrs. Truitt, in his presence, charged Gill
man with committing adultery on her or
something OF that sort.
j. b. Harris, formerly a Bee reporter,
testified that he talked with Mr.. Gilman
on the 10th of August, in the Bee office.
and Gilman said the charge made by
Mrs. Truitt was blackmailing scheme,
and that he would prove his innocence in
court.
The witness was allowed to refer to
notes made by him subsequently OF
what Gilman said. During Gilman's
statement he said that one afternoon he