The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-19
GRADY DIDN'T DO IT
RESULT OF THE PRELIMINARY
EXAMINATION IN THE BENZ
ASSAULT CASE.
NALDRON WAS BOUND OVER,
THE EVIDENCE SHOWING THAT HE
HAD A BILLY IN HIS
HAND.
ONE MAN SAW THE BLOW STRUCK.
Condition of the Injured Man Such
That He Wasn't Allowed to
Appear in Court.

The examination Of Robert N. Grady and
William ]. Waldron, charged with assaulting
Paul E. Benz with dangerous weapon on
the night of Oct. II heard before Judge
Orr yesterday. The result of the hearing was
that Grady was discharged without intro
ducing any witnesses on his own behalf, and
Waldron held to await the action of the
grand jury. Waldron gave bonds in the
sum of $1,000 and was released
t. d. O'Brien. attorney for the prisoners,
objected strongly to the hearing taking place
without Benz being in court. This objection
was made Monday, and at that time the at
torney~ requested that a physician to be Sc
lected by him, be allowed to examine Benz
in order to ascertain his exact condition
This was agreed to, and the report of the
physician was to have been submitted yester-
day. 1t is probable that Mr.. O'Brien was
informed yesterday as to the result of the ex-
animation. but if so, he said nothing about
it, and offered no objection TO the examina-
ton proceeding without the presence of Benz
in court.
Peter Fruetel. one of the men who was
with Benz at the time of the occurrence was
the first witness. He stated that all went into
the place, and Benz ordered beer for the
crowd. After the beer had been set out upon
the par. par GRADY, who was tending the bar at
drinks. Mr.. Benz answered that he was
but that another round was wanted Then
GRADY came out from behind the bar, and
AFTER lew words, struck Benz in the face
with his hand. This caused considerable
confusion. The witness heard something
's crack behind him, as though some one had
been hit, and turning around he saw Benz
Z reeling- and falling to the floor. and WaIdron
standing with a billy in his hand After
Benz had lain on the floor for some seconds,
WaldrCn walked around behind the bar and
LAID the billy downs When Benz recovered
consciousness he asked that he be given
some water to wash the blood off his face.
and this was refused him.
Herman Barfuss another of the workmen
who went into the saloon with Benz, gave
corroboratlve testimony He did not see the
bloW struck, either, but when he turned around
TO see what caused the noise ne saw Valid
ron standing with a billy in his hand He
introduced one new point in the case by as
sorting that he heard Grady tell Waldron
10 take that back" evidently meaning the
weapon, and that Immediately afterwards
Waldron went behind the bar and laid the
- billy down. Witness denied on cross-ex-
animation that Benz called Grady vile
names, that he refused to pay for the drinks
When' requested to do so, or that Benz struck
ms head upon the foot-railing running along
the outside OF the bar near where he fell.
walter McNab was in the saloon at the
time Benz and his companions came in He
saw the entire affair, and swore positively
that he saw Waldron walk up behind Benz
and slug him in the head with the billy
There gas no fight going on at the time.
Benz and Grady having been separated for
iuliy minute. There was considerable loud
talking, and Benz was excited hut he was
doing nothing which would lead one to sun
pose that he was meditating an assault
Upon cross examination, T. D. O'Brien, who
appeared for the defense, asked McNab if he
had not gone to the saloon of Waldron e
Grady and offered to testify for Waldron for a
cash consideration. He denied the charge alb
solutely.
AS DR.. Schwyzer. the attending physician
OF Benz, was going to be out of the city
Tor some time, it was agreed between coun-
sci for the defense and the state that his
deposition should be introduced in court II
was received without objection, and a sum
mary OF the contents gwen by Messrs. O'Brien
and Donnelly. The doctor says upon the sec
ond examination of Benz he discovered that
his skull was fractured at the base and
that the fracture extended to the ear drum
rupturlng the latter and endangering the life
OF the patient. Though Benz is Somewhat
improved at this time, his recovery is by nc
means certain in the estimation of Dr.
Schwyzer. His deposition declares that outside