The daily journal. (Salem, Or.) 1899-1903, 1900-11-17
MARTIN PLACED
UNDER BONDS
To Appear Before Next Cir
cult Court.
Must Answer Charge OF Assault With Danger
Gus Weapon. Conclusion OF Testimony
on Preliminary Examination.

AT 1 o'clock p. m. City Recorder
Judah brought in his decision ia the
case OF Willard Martin charged with as
saultiDg Geo. Murphy with danger.
Gus weapon, holding the defendant 10
appear before the next Circuit Court,
in $500 bonds. The Recorder had ta-
hen the matter under advisement when
the presentation OF the case was con ,
cluded Friday afternoon, TO which time
the matter had been continued nom
Thursday,
Seven witnesse- for the defense werr
examined, including Bert Lynch and
Joe Tyler who were put on the stand
Thursday by the state. The defense
ca led them 10 show that Gregg, the
states witness who testified 20 seeing
Martin strike Murphy three blows on
the head with a billy, was not in the
saloon az the time the trouble occurred
there.
Lynch swore that Gregg was not
in the saloon when the trouble occurred
He said that there were only three per-
sons present, but when asked who they
we're, raised his figure to four, and
named Tyler, Murphy, Martin and him
self, McNaTy endeavored 10 cross-ex.
anime the witness in reference TO his
testimony the day before but the de-
tense objected and was sustained.
Tyler, the barkeeper, swore that Gregg
was not in the saloon when the trouble
took place. Said that Murphy, Martin,
Lynch, Ed. Finley and himself were the
only persons present. He was severely
cross examined by McNary, who en-
deavored TO bring out an acknowledge
ment that Gregg may have been present
and he at one time conceded that Gregg
may have been In the other room of the
saloon.
j. @. Johnson q. w. johnson, Carroll
Moores and N. w Clark told Of the war
Of words on the sidewalk before the
trouple In the saloon, giving substan.
TALLY the same account as had already
been given by several witnesses. In
substance II was that Murphy was hold
ing forth TO the crowd on politics using
considerable violent language, when.
Martin came up and offered TO bet 800
that Mckinley would be elected, aud
that Murphy referred 10 Martins debts
and a 1900 mortgage on his farm that
the controversy grew quite warm and
Murphy made warlike demonstrations
but did not attempt 10 strike Martin
that some one came up and got
Murphy away, going with him to
Eckerlen's saloon from whence he soon
returned and entered the Western sa-
loon with Bert Lynch.
Clark was standing in the crowd i'm
mediately behind Murphy for
several minutes, looking for some one
but his attention was not attracted 10
the eolloquy between Murphy aud Mar
tin until he heard the lie passed between
them and saw Murphy double his fist as
though he were going TO strike Martin,
which, however, he did not attempt to
do; nor did Martin make any move to
defend himself.
However, j. @. Johnson could not re-
member any OF the bad language al.
dressed by Murphy 10 Martin. The only
vile expressions he could remember
were uttered before Martin chopped in.
Carroll MOOTes' recollection OF the mat
ter was the same ON that point.
Ed. Finley heard the row on the
street aud afterward went iato
the saloon with Martin aud was standing
at the east end of the bar when
Murphy and Lynch entered and came
up to the west end OF the bar. Gregg
was not in the saloon. Murphy looked
at the baFkeeper and used some vile
language in reference 10 Martin. Wit
ness anticipated trouble aud started TO
ward the back door of the saloon. He
heard scramble, looked around and
saw Murphy 10 falling position.
Saw him fall, then went out. Did not |
see Murphy start toward Martin. This |
witness Was cross-examined az some /
Angth by MaNary, who endoayored TO
IhOw that Il was not reasonable n sup
,0se that this witness would 70 into the
aloOn with Martin and then leave him
here, expecting that he was about 10 be
ttaoked by Murphy without eithe