The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-12-02
BOB HEATH'S TRIAL
YOUNG MAN ACCUSED OF SHOOTING
A NAN IN TIE EYE
;ase is Discussed From a Medical Stand
point-A Competent Physician, to the
Surprise of the County Attorney, De-
clares That Mans Optic is Not a Vital
Spot-The Revolver is Produced and
Causes Quite a Sensation-It Was Loaded
and the Jurors Ducked Their Heads
Sheriff Ordered to Unload it.

The case of the state against Bob.
Heath is now on trial in the district
court, and considerable interest is man
Tested in il.
Heath is charged with shooting with
intent to kill. He is a good looking
young fellow and his mother ''Mollie"
Heath, sits beside him in the court room.
TWAS about the Goth day of last July,
as many will remember, that the police
force and sheriff's officers were plying
around town one Sunday afternoon WITH
deadly looking Winchesters and revolv-
ers. A report had come in that tramps
tried to enter the home of j. A Swartz
south of the city, and one of them, dur
Ing the pursuit, shot Mr.. Swartz. 1t will
lie remembered that Swartz was shot
n=ar the eye and for a time il was sup
posed that he could not recover.
Tne tran1ps were hunted into corn
FIELD, AMI it was for the purpose of dis
lodging them from that position that the
police and sf'eriff's posse went cut.
In the pursuit Sheriff Cone found
satcheI and revolver and he knew ex-
actly to whom they belonged. They were
the property of Bob Heath and they fin
ally led to his arrest. He has been in
jail ever since.
Yesterday Dr. Fabrique testified that
he dressed the wound and that it was
cot fatal.
Did it strike vital spot?" asked
County Attorney Davis.
1T did rot" said the doctor.
Did it strike the eye?" asked Mr..
Davis.
at touched it," said the doctor.
isn't the eye vital spot?" asked Mr..
Davis
''It is net" said the doctor.
'.Do you mean to say DOCTOR, said
Mr.. Davis, " that bullet striking the
eye would not kill person."
"It might" said the doctor.
Then the eye is a vital spot, isn't it."
mo. not at ALL said the doctor.
and yet" said Mr.. Davis wound in
the eye might produce DEATH
so might a scratch on your finger"
said the doctor, "and yet the place
scratched would not be a vital SPOT.
Blood poisoning may set in and cause
death. It is the same way with the eye.
Although not a vital spot, a wound in it
may cause inflammation and that, upon
reaching the brain, may cause death.
A primary wound. though not in vital
spot may, under certain circumstances,
result fatally.
An examination IKE tndt Is always IN
teresting and while ii progressed the
Jurors with mouths and eyes and ears
open, listened.
Sheriff Gene was the next to take the
stand and he told that part OF the story
leading up to the discovery of the revolv-
er.
Have you got that revolver" asked
the county attorney.
~ have" said the sheriff.
produce it," said John Davis.
Rufe pulled the gun out of his pocket
with the ease, speed and grace Of kill
er from neadman's Gulch.
The jurors all ducked their heads, the
county attorney-the Little Flour Barrel
squeezed himself until he wasn't as big
as Douglas Donnelly and the court batted
his eyes twice at least and maybe three
times.
rs that gun loaded?" asked Judge
Dale.
1T is" said the sheriff"
Then unload it," said the court.
az can't do it, said the sheriff.
We'll, then, hold the muzZle of ii down
while we discuss it, said the court
"Why can't you unload it?''
Because the shells are rusted in the
cylinder. 1t is harmless"
mo gun is harmless" said the court.
50 Ions as it is loaded. Go over TO the
blacksmith shop or somewhere and I'M
load It. Then bring it back"
Another witness was put on and the
trial progressed.