San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-10-28

! the Southern Pacific shops in Thu
city, but am now a machinist in tn
Mexican international shops at La
redo"
David Donaldson, a civil engineer
/ testified that he had drawn plat OF
Maverick park, which was introduced
by the defense. Il took the measures
last Monday, and was assisted by my
son, Howard Donaldson, an engineer
on the Southern Pacific"
John Kane-'I live here at present
have lived here seven or eight
months. | knew John Murtagh about
a month before he was killed. L knew
his general reputation to be bad and
he could be expected to execute a
threat he had made.
William Appmann, of the Sunset
drugstore, testified that he has always
heard railroad men speak of the defen-
dant in good terms and that his repu-
tation as far as he knew was good.
| William Dunn, foreman of the South
ern Pacific, wrecker, knew Merle for
four years and spoke well of his repu-
| tation.
| Alvin Rische, aged IA years, son of
| Ernest Rische-'I live at the corner
of Grand and River avenues. was
lying on the grass with some boys out
side the fence when Murtagh was kill
ed. Murtagh had hold of Merle and
Merle said, Let me pass" and the
shooting began. l saw the first shot
fired. 1t seemed it went over his
head. The second shot caught him in
the side. Murtagh ran along the side
walk, and l ran for the bin board.
When 1 peeped out 1 saw Merle beat
him with something. 1 think it was
pistol. He also kicked him.
DR.. c. H. Dewey testified as to Mer-
les reputation and said it was good.
The next witness on the stand was
Jake Merle, the defendant. He was
born in Syracuse, n. Y, January IS, |
1857. He said that he met Murtagh |
the first time in La Grande, Oregon, |
seven years ago, and Murtagh worked |
under him for about three or four |
weeks, when he quit. Murtagh re- !
ceived a telegram from Albany, Ore |
gon, offering him job, but before leav-
ing, the men under Merle had gone out |
on strike. Murtagh went to work |
at his new job, but was soon discharg- |
ed. He accused Merle of being the |
cause of losing his job. Merle said he
had nothing to do with the discharge |
of Murtagh. He believed that was
when the supposed grievance against |
him originated.
About two or three months before |
the killing 1 met Murtagh in San An
tonic" continued the witness.
didn't speak to him and he didn't |
speak to me. The first time l passed |
him on Austin street. The next time
saw him coming out of saloon on
Austin street and l saw him again |
while l was on a bicycle l have heard
hundreds of times that Murtagh had
made threats against me. George
Kuntz had met Murtagh in Mexico and
told me that Murtagh told him that if
he ever met Merle, he would get even
with him.. Gilduff said that deceased
told him the first time he met that
Dutch - he would kill him. Jeff |
ries told me that Murtagh did not |
have much use for me. knew the de-
ceased to be bad man and could have
expected him to execute a
threat
ION the morning of the trouble no.
ticed some visitors at the roundhouse.
| told Charley (meaning Tom Leonard,
the call boy), that there are some |
strangers over there and to tell them
that they must get pass. 1 did not
recognize Murtagh at the time. Muir
tagh then came up to my desk and
asked, why do have to get a pass
when others don't?" 1 told him it is
the rule and that he could get a pass
at the master mechanics office. He |
then told me that he would meet me
after o'clock and that would need a
pass. He said III give you a pass to
HE'LL and walked out. / was scared |
after he said that and my hand trem-
bled so that couldn't write"
The defendant repeated, as on the
day of his examining trial that he had
tried to evade Murtagh whenever and
wherever he could and that he shot
him in self defense.
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