The record-union., 1897-10-27
HELD FOR MANSLAUGHTER.
YOUNG HENLEY'S EXAMTNA-
TION YESTERDAY.
The Court Fixes the Amount of
Bail for Him at Two Thou
sand Dollars.

The examination of Oscar J. Henley,
Jr., for murder took place in the Police
Court yesterday.
County Physician G. A. White tesu-
fed to the injury sustained by John
Scott, the murdered man, and said II
could have been made by the blow OF
a blunt instrument or by falling on
cement sidewalk
CITY Physician Nichols gave similar
testimony.
The testimony given was about the
same as that given at the inquest
Officer Naghel testified that when he
arrested Henley and took him before
Chief of Police Drew he said that Scott
was talking with two girls with whom
he and Kelleher had been riding and
whom they were to meet at Fourth and
L streets and seemed to be abusing
them. He jumped out Of the buggy and
chit him. that is, he pushed him.
@. H. W. Smith testified that he was
walking behind Scott, coming up
Fourth street when Scott spoke to a
woman standing in a doorway Two
men drove up in a buggy and one Of
them jumped out, ran up to Scott and
raising his hand in the air, brought it
down, striking Scott on the head and
Scott fell down with his head on his
left arm and lay there. Witness saw
a man run and up look at Scott and
then run across to the saloon on the
opposite corner. After Scott was struck
the other man jumped into the buggy
and they drove off. AS they went by
him witness heard one say What the
h did you do to him?" and the 9TH
er answered I dumped him." Wit
ness thought he was fifteen or twenty
feet behind Scott. He heard no words
between Scott and the man. He
thought he was ten, fifteen or perhaps
twenty feet away.
Cross examined by C. T. Jones, he
pointed out on the diagram the places
where he stood and Scott fell, which
We're fifty or sixty feet apart He
saw no girls and heard Scott speak to
none. He only saw one blow struck,
and the man jumped back into the
buggy.
f. Elkus swore that he heard some
alteration between two men and saw
two girls sitting near He saw one
man standing in front Of them, talking.
say I've had enough of this and i'm
mediately afterwards Henley struck
Scott or showed him and he fell, his
feet toward NJ street and his head
towards L. There was no one near
Scott when he fell. Witness ran to a
telephone and sent for the patrol wag-
on. Henley stood for a minute and
then got in the buggy and drove away.
III TJan1cW x
or showed Scott. Scott was partially
facing Henley and fell on his side. with
his head on the sidewalk. He did not
move after he fell. He was the tlrst
one that came to the body and after
he came back from the telephone Smith
came up and asked what was the mat
ter, or something of that sort and asked
why some one did not take the man
home and some one asked Smith why
he did not take him home himself
Smith was recalled and questioned by
the defense as to what he testified as
10 distances at the inquest He de-
MED having asked what was the mat
ter after the crowd collected.
James Kelliher said he was with
Henley at East Park that afternoon
and they met two girls there ana ne
was with Henley that night at Fourth
and I. streets and found them talking
with some one. He and Henley drove
off and when they came back the girls
were sitting in the doorway Ihey
stopped in front of them and Scott
was talking to them. Henley got out
of the buggy and told Scott to go on
and gave him a shove. Scott went on
a little and stopped and Henley gave
him another shove. Scott stopped
again and il looked to witness as II
Henley struck him. He heard no con-
versation between them, but thought
ne heard one of the girls say Scott was
n d liar. After Henley showed Scott
the second time the latter turned par
TALLY round, facing the stairway and
Henley stepped partially in front OF
him and seemed to strike him on the
left side of the jaw and Scott fell Hen
ley had nothing in his hand. When
Henley got in the buggy witness said
TO him You must have hit him a h
of a crack and Henley replied Il did
not hit him. l showed him" He did
not get out Of the buggy or make any
move to do so when they stopped. He
could not swear that Henley hit Scott.
He had Travelled with Henley consider
able, but never knew him to carry brass
knuclxles. The affray did not happen
as Smith had stated it and he saw no
one around at the time.
Mrs. Mary Hughes said that Smith
passed by her and spoke to her two or
three minutes before the occurrence. He
could not have got further than the
corner before she saw the excitment.
She went up to see what was the mat
Ter and saw Scott lying on his arm. A
colored man passed up street behind
Scott when he went up
BERTHE Shouslitz and May Warzel tes-
ified as they did at the Coroner's in
quest, that Scott came along and COM
menced talking to the former and
called her a vile name, and that as she
told him to go away and let her alone
the buggy drove up and Henley jumped
out and showed Scott three times, tell