San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-08-31
The MuIlQIg|I Murder
Examination of Jake Merle Begun
This Morning.
Only Two Witnesses We're Ex-
aminei Out OF Thirty-two
That Are Yet To Testify,

| The examining trial of Jacob Merle.
| charged with the murder of John j.
Murtaugh, was begun before Justice
Jones this morning about II o'clock
and is being conducted in the Forty
fifth District courtroom. Thirty-two
witnesses are to be examined and at
1870 but two had been placed on the
stand, when court adjourned for din
ner until 2 O'clock. The defendant is
represented by Oscar Bergstrom, Ed.
Dwyer, ]. A. O'Connor and ]. r. Nor
ton, Mr.. Bergstrom being leading
counsel. District Attorney Levy is
conducting the prosecution and is as
sisted by County Attorney Bart De-
witt and Assistant j. II. Cahill and
Assistant District Attorney w. s. An
dersOn.
As announced in the Light yester-
day, the trial was to have begun this
morning at 10 O'Clock, and sharply at
that hour a large crowd of spectators
began to throng the courtroom, which
by the time the trial had begun. pack
ed the room to the walls and filled
the gallery.
e Merle sat directly behind Mr.. Berg
strOm and appeared cool and collect
ed, listening to the testimony with
marked attention. He held hand
kerchief in his hand, which he occa
sionally put in his mouth.
None of the officials of the Southern
Pacific company were there, excepting
DIR. Graves, ST., who only remained a
few minutes.
number of ladies were also pres
ent and occupied seats in the Jury
box, and although there were six they
were at the trial only as spectators.
not as jurors, as is customary in Kan
sas.
All witnesses were instructed not
to converse with anyone, excepting
the attorneys, about the case.
The first witness on the stand was
Captain A. l. Lockwood, who testified
that he saw the shooting and that five
shots We're fired. He was kept on the
stand about three-quarters of an hour
but nothing new was adduced from
his testimony over that already pub
lished
Eugene A. Lutz was the next wit
ness. He said he came here last Fri
day two weeks ago from Houston
and that he was very well acquainted
with Murtaugh. He first met him in
Chicago about year ago and later
at Houston, where they roOmed to-
gether. Deceased arrived in San An
tonic last Monday and roomed with
the witness at Mrs. Collins boarding
house, 1,024 Avenue ID. LutZ had
been discharged from the employ of
the Sunset roundhouse and when Muir
laugh told him that Merle had sent
him word that he must get a permit to
speak to any of the employees, LutZ
said he merely laughed and said moth
ing more. The witness said, that he
told Murtaugh ii was an awful little
thing that he was discharged for and
that Murtaugh told him not to worry
about it,. Further than this, witness
said, nothing more was passed be-
tween witness and deceased about
Merle. He denied that he heard any
body say, Don't let them fight" when
Murtaugh followed Merle just before
the shooting. He also denied that he
said that Merle wouldn't fight any,
thing, when Mr.. Bergstrom asked
him. He said the reason he follow
ed Murthugh. when the latter went to
Merle was that he had private bust
ness with him, and that he expected
no trouble. He said he never knew
of any i'll feeling to exist between
Merle and the deceased and that he
never knew deceased to carry a weap-
on of any. kind, He said that immedi-
ately after Murtaugh was dead an
unknown man searched deceased's
clothes and found no weapon on him.
Witness stated that deceased had told
him that he used to be of wild dis
position when he worked under Merle
somewhere up in Oregon several years
ago. 81