The age-herald., 1898-08-18
CAHOON RELEASED UNDER $500 BOND Defense Testimony Put New Aspect on
 the Case. CAHOON NOT THEAGGRESSOR Witnesses Testified That He Tried to
 Avoid Difficulty. HE WAS FORGED BACKWARD To the Pavilion by Coughlan, Who Was Fitting Him All the Time-He
 Then Fired the Fa-
 tai Shot.
HE WAS FORGED BACKWARD

| rom the eHect or Wnlcn ne uleu at tHe l Wilson-Brown nfirmary early Friday morning, was concluded before Justice Me Annally yesterday afternoon and the de- | fendant held to await the action of the 1 grand jury under a bond of $500.
 Immediately after the decision was rem dered he was taken to the sheriff's office and in a short time furnished bail and was | released.
 | During the entire trial young Cahoon gave close attention to the proceedings. He was a little nervous at times. During the | argument of the states attorney he was somewhat affected, and moved restlessly around in his chair
 l The State Rested
 l When the hearing was resumed yester- day morning the state rested its case and the attorneys for the defense asked for | short time in which to consult. Alter some delay they announced that they were ready to proceed with the hearing
 John Tarrant was the first witness call | ed for the defense. He testified in sub | stance as follows "I live at East Lake. l Was standing near the back steps of the l pavilion. Heard a young man who wore | light coat say don't want any difficulty. 1 I am not able to fight" The witness iden- 1 tified the defendant as the person whom he thought made the remark.
 | Cross Examination-'I was standing | about three or four feet from the defend | ant when the remark was made l walked l towards the pavilion and was standing h l the door when the shot was fired. Some 1 one in the crowd remarked, They are l both towards, and won't fight. Let's make them fight
 l Cahoon Tried to Get Out off l Harry Gammell was the next witness. He testified: Saw the difficulty between the boys Cahoon was standing on the step and Coughlan the ground. Ca-
 hoon tried to get out of the difficulty. He said to Coughland, T am rot fool enough to fight you Some pushed Cahoon l off the steps and Coughlan struck him. | Coughlan fought rapidly, striking Cahoon | with both hands,. Coughlan weighed l about 15O or 160 pounds
 1 Harry Speaker. the next witness, test- | fled: "Cahoon and Coughlan were quar- reling in the pavilion and Coughlan invit- ] ed Cahoon out. Cahoon told him hb | wouldn't go They finally went out. Ca
 hoon was pushed off the steps. Coughlen | was hitting him rapidly. I was standing 
 against the veranda, his head striking my | knee. Cahoon had his hands up trying | to ward off Coughlan's blows and l knocked back against the pavilion. l Coughlan was the first to go out of the l door, He hit Cahoon eight or ten times. l Cahoon was about one and a half feet | from him when the shot was fired. 1 a Against varanda
 D, L. Massey-'I live at Woodlawn. | Know Cahoon. Saw part of the difficulty. l On the outside Coughlan asked Cahoon to | fight. Cahoon refused. Some one pushed l Cahoon off the veranda Coughlan then i began hitting him. Cahoon threw up his | hands to ward off the blows. Cahoon was | rushed against the veranda. From the
 time Coughlan began hitting Cahoon he
 never let up until the shot was fred 1 Cross examination-"I am well acquaint-
 ed with Cahoon. Went to college with
 him. Coughlan went down the steps first.
 Cahon did not strike Coughlan at all.'
 After the examination of this witness | recess was taken until o'clock.
 Clarence J. Simmonds the first wit ness called when the hearing was resum- | ed at D. m. He testified "I know the defendant. Have seen Coughan. Didn't l
 the night the difficulty occurred. Heard quarreling and went around pavilion. | Coughlan and Cahoon were standing up talking. Some outside party said. Hit her and see what she will do.' Coughlan said
 to Cahoon, Kid, do you want to scrap?
 to which Cahoon replied Mo- In little while Coughlan struck him and rushed him back when he fired. Cahoon did not strike | ooly him mid Iap
 ing on his head and face. Cahoon was
 backing at the time the shot was fired.
 He was rushed back to the pavilion and was in stooping position when he fired. had seen Coughlan. He was stoutly built. Cross-examination-I live at East Lake. Am well acquainted with the surroundings. First saw difficulty outside. Shooting
 cured about five or six yards from steps.
 There is a road around the pavilion and
 nothing to prevent person going around the corner. I was standing just back of Coughlan when the shot was fired. About
 eight or ten blows were struck. Cahoon
 was not knocked down. Would have been if he had not been up against the platform.
 Didn't see Cahoon drinking. Dance was
 all the time. Only heard Coughlan say,
 "Kid, do you want to scrap with me?"
 and Cahoon replied, "No." Cahoon thought
 Coughlan was going to strike him and
 threw up his hands,
 Evidence on Measurements
 Attorney Shugart, for the defense, was
 introduced to prove the measurements and
 distances where the difficulty took place.
 He testified that he made measurements
 Tuesday evening when he went home.
 Found that the distance from the steps to
 the end of the pavilion was twenty-four
 feet. Fs6m the steps to the center of the
 window. eight feet one inch. The witness also testified to the good character of the