The record-union., 1895-04-12
TESTIMONY IN TIE TORRES CASE.
The Defense Try to Prove Deceased
the Aggressor.
For the First Time. 1t is Claimed That
Torres Drew Knife on the
Defendants.

The defense in the Torres murder case
will be that the men who are responsible
for the death of the tamale peddler acted
in self-defense when they administered
to him the beating that resulted in his
death.
This fact was developed yesterday at
the examination of Dan O'Hare, Joe and
William Dolan and George Mollusk,
when they had their inning in the Police
Court 1t was the first time that anyone
outside of the defense had heard of the
deceased drawing a knife on that occa-
sion.
]. r. Bacca testified for the defense that
he met Torres on the night of the murder
at Ninth and K streets. Torres abused
him and he told him to go away. Torres
drew pocket-knife and invited him into
the alley, but he declined to go. After
ward Torres friends took him home. He
had known Torres about year and
half.
II. L. Buckley outlined the defense, an
objection being made to one of Bacca's
answers, saying that he should attempt
to prove that in the fight which resulted
In Torres death he was the aggressor and
in self-defense.
J. b. Costello testified that he was on
the corner by WeinStOCk, Lubin & Co. 8,
and heard Torres say: "I'll get even with
them." Did not know what he meant.
and did not pay attention to it, as Torres
voice sounded as if he was drunk. Wit
ness did not say in the Louvre saloon the
other night that he saw Torres draw a
knife. lie recognized Torres by his
voice. A man was leading him by the
hand. Witness did not see any other
men and did not see any fight.
George Mollusk swore that he was with
OHare and the Dolans on the night in
question, going toward L street. They
were walking four abreast, and met Mo-
reno and Torres. AS they passed he and
his friends stepped aside, and Moreno
pushed Torres against O'Hare, and they
had an alteration. Deceased struck at
Joe Dolan, who warded off the blow.
They went on up toward *, and deceased
followed Dolan up, with his hand raised,
and witness thought he had knife in ii.
Witness pushed deceased, and he fell into
a sitting position, and they walked away
and left him. Torres used vile language.
He pushed Torres to keep him from
striking or stabbing Dolan.
The City Attorney asked the witness if
he had ever gone by any other name than
MoIlusk, but his counsel objected, and an
argument ensued and the objection was
sustained.
Witness would not swear that he did
not state to the City Attorney that he and
William Dolan were walking about ten
feet in advance of the other two. He did
not say at that time that he heard row
behind them, and looked back and saw
OHRre strike deceased. Was sure they
were four abreast Thought that OHare
and deceased were friends and were Josh
ing. Torres said, 'PIl fix you for thatp'
Deceased started the row. Witness did
not tell the City Attorney that o. Hare
was the cause of the whole affair, and did
not state short time after the row that
he mad TO hit the - pretty
hard to get rid of him r' Did not concoct
the story OF the knife after being placed
in the cell with Dolan. He took off his
cuffs and coat after the row and put on
another coat. Looked back after he got
to the corner and saw Torres trying to
get up. Was positive that he did. Had
only had two or three glasses of beer.
Daniel o. Hare swore that he and Joe
Dolan were behind as they came up
street, aud Torres ran against him and
they had a fight. Moreno struck him
and he struck back. They separated and
he went up to X street. 1t might have
been William DOlan that he was with
Torres and his friend were on the inside
OF the walk and staggered against them.
Did not think it was a chance to have
eOEuH luu Will Au6ul because LleY were
drunk. Did not know whether he called
got to the corner he looked back and saw
MolIusk and Dolan and heard someone
fall. When they came together they all
went into the saloon.
Joseph Dolan testified that he was COM
ing up Fourth street with the others. He
had no difficulty with Torres, except
that the latter tried to strike him and he
warded of the blow. He did not touch
Torres. They met Torres and Moreno as
they were coming up. They were all
nearly abreast, and witness was on tie
outside and o. Hare on the inside. When
they met Torres they divided up, and he
was behind. Torres tried to strike him.
Witness thought he was the first one to
get up 10 the corner. Mollusk knocked
or pushed Torres down, when no came at
him. de was ahead OF Moliusk and did
not know whether Torres rushed at him
or Mollusk. Could not tell how the fight
started originally, as they were fighting
when he first saw the row.
He did not know whether they bumped
into OHare or not. Did not want to be
in the fight, and therefore got away. Did
not see any blow struck, and was about
ten feet from Torres when he was
knocked down. MolIusk was closer to
him than witness.
q. Puga was called for the prosecution.
and testified that he was at Ninth and X
streets that night when Torres and Mo-
reno were there. Saw the trouble be-
tween Torres and Bacca. Did not see
Torres have any knife. He had his hand
in his pocket, but did not take out any
knife. They called each other vile
names, and Torres struck at Bacca, and
Bacca threw stone at him. Bacca told
Torres If he would throw away his knife
he would fight him. Torres had nothing
in his hand
This closed the case. W. a. Anderson
argued that there were no marks of in
jury on his person and that fact precIuded
the idea of murder or even manslaughter
The newspapers, he said, had published
statements that Torres had been kicked,
but the physician had testified that his
stomach was eaten so thin by disease
that the force of slight fall burstit open
Men died every day without being in
Jured. The testimony showed that de-
ceased struck at Joseph Doian, VINO
warded off the blow, but did nol strike
him, and that when he afterward at
tackled Mollusk or Dolan the latter sim
ply pushed him down. There was no
evidence, therefore, that anyone except
Mollusk even touched him, and there
was no reason to hold Dolan, his client,
responsible.
q. w. Johnson spoke on behalf of
" hare, saying that all the evidence
showed that from the inception of the