The daily journal. (Salem, Or.) 1899-1903, 1900-11-16
Preliminary Examination Be-
fore Recorder Judah
ASSAULT COMMITTED
WITH A BILLY
Testimony Touching the Trouble Which Result
ed 10 the loss Of George Murphy's
Right Eye.

| lhe preliminary examination OF
Willard Martin, on charge of assault
with dangerous weapon committed
upon the person Of George Murphy, was
commenced before City Recorder Judah
Thursday afternoon, but wss not con-
cluded at one sitting, as some witnesses
for the defense could not be brought in
before Friday. The testimony of the
prosecution was all introduced and some
witnesses we're examined for the defense,
after which the case was continued until
2 p. m. Friday at the request of the
attorney for the defense.
The state was represented by Deputy
District Attorney J. II. McNary, assisted
by J.A. Jeffrey and Martin was defended
by John A. Carson.
Much interest has been taken in this
case and the court room was crowded
with spectators. The witnesses were
excluded from the room except while
giving testimony.
George Murphy the prosecuting
witness was placed on the stand. He
said he was standing leaning against the
bar in the Western saloon when Martin
came up behind him and struck him
over the head with club. He was
knocked insensible. He denied having
used abusive language toward Martin op
the street or making threats toward
him.
Doctors Gillis, Byrd and Robertson
testified as to Murphy's condition, and
that the loss of his eye resulted from
his injuries.
Only one witness testified that he ac-
tually saw Martin strike Murphy. This
was Robert Gregg, an old man very hard
Of hearing, whose answers caused much
amusement in the court room. He said
that he saw Martin strike Murphy at
least three times with a club, and heard
the blows, which knocked Murphy
down.
John Burkhart and John Matthes told
Of hearing the rumpus in the saloon and
going in. The active trouble was over
when they got inside. Murphy was on
one knee and one foot at the end OF the
bar, and Martin was being held back by
the barkeeper. Both said that Martin
had billy, or club, raised In his right
hand. Both estimated this club TO be
l2 inches long, but Matthes thought il
Dne and Eaf or two inches thick,
while Burkhart guessed 1t at three or
our inches thick. Matthes saw Martin
take the club around and hang il mp DO.
lind the bar after the ouble was over,
saw Martin go into the saloon
about 10 minutes before the trouble be-
san and saw Murphy go in afterward.
Mathes also saw Murphy go in with
Bert Lynch at the latter's solicitation.
j. s. Powell testified that he was
standing near the Western saloon talk :
ng,with Murphy, when Bert Lynch came
.long, took Murphy by the coat and
pulled him toward the saloon. Witness
hen went on home.
Joe Tyler, Barkeeper at the Western
aloon saw part OF the trouble. lie was
putting up bottle at the east'end of the
par, when he heard a disturbance, looked |
lround and saw that there was row. ,
iot to the west end Of the bar and step
ped out over Murphy, who was PROSTATE
,r nearly so on the floor, and held Mar
in back. Didn't notice anything in
hand. There may have been
in his hand, but witness was
lery much excited, and didn't see any
hing. There was a billy hanging be-
lind the bar-a wooden stick 10 or ~
inches long, with a buckskin string on
he smaller end.
Cross-examined by Carson, this wit |
less said he heard Murphy using hard
anguage and mentioning Willard Mar
in's name. Witness was asked II MUIR /
,hy asked him for pistol. This was !
objected 10 by the prosecution, and a I
lively and somewhat heated controversy |
ook place between Attorneys McNary I
md Carson, until they were called down /
,y the recorder, who oyerruled the OBJ /