The daily journal. (Salem, Or.) 1899-1903, 1900-11-20
WEAK CASE
FOR PROSECUTION.
Charge Of Perjury Against Robert Crego Pals
Through. No Positive Testimony that he
swore Falsely m Martin Case

Through. No Positive Testimony that he
swore Falsely m Martin Case
The testimony adduced in Justice Of
the Peace O'Donald's court Monday
afternoon in the preliminary examin-
alton Of Robert Gregg on charge Of
perjury was surprisingly weak in the es-
sential points.
The prosecution endeavored TO show
that Gregg was not in the Western So
loon when the Martin-Murphy trouble
occurred, as he swore that he was, in the
preliminary examination Of Willard
Martin.
II should be understood that the
Western saloon is quite long room,
partially divided in the middle by par
tition, through which is wide doorless
opening. In the front part is the bar
and in the back part the stove and
lounging room.
Three witnesses swore positively that
Gregg was not in the bar room part Of
the saloon, but neither would assert pos
itively that he may not have been in the
back part where the stove is, and as
matter Of fact, it is asserted by those ac-
quainted with Crego's habits that he
usually passes in and out Of the back
door.
willard Martin swore that five people
only we're in the time Of his difficulty
with Murphy; Himself, Tyler, Finley.
Lynch and Murphy.
Cross examined by McMahsn, he ac-
knowledged that he did not look into the
back division OF the saloon, where the
stove is, and Gregg may have been in
that room. McMahan asked the wit.
ness ''Who struck Crego?" Carson OBJ.
jected, and the objection was sustained.
Martin was standing at the east end OF
the bar facing west when the trouble
commenced. Asked by Carson, the wit
ness said that the back room mentioned
is entirely separate and distinct from the
barroom.
Ed. Finley testified that only five per-
soma we're present in tho saloon when the
trouble commenced and named the same
five named by Martin. He did not see
Crego. He did not think that he went
into the back room. The back room was
not entirely separate from the saloon
proper. There was partition part way
across, but no doors He did not ex-
anime that room. Gregg may have been
In there. Witness heard angry words,
saw Murphy fall and then walked on
out. Could not swear whether there
was any one in the back room or not.
Asked by O'Donnell whether he could
swear positively that Gregg was not in
the saloon. Witness said that to the best
Of his knowledge Gregg was not there
He did not see him.
Joe Tyler, barkeeper at the Western
saloon, stated that only five persons
we're present In the saloon, and named
the Ave previously named. Stated pos
itively that Gregg was not present.
Asked on cross-ex animation Now long IL
had been before the row since he had
been in the back room. He could not
remember. To the best Of his knowl-
edge he had not been there in the half
an hour before. There we're back doors
to the saloon and the partition would
have prevented him from seeing Greg }
had the latter come in that way. Gregg
might have stepped TO the opening be-
tween the two rooms during the pro.
gress of the row. Witnes was busy be-
hind the bar waiting upon the four
men at the bar before the row started,
and then his attention was centered in
the row.