The daily journal. (Salem, Or.) 1899-1903, 1901-02-26

wosnds and bruises he received cou,e
~, have been caused by fall and coulu
onlv have been inflicted by aciup. no
showed by means Of chart the position
hs and Lynch occupied at the bar in the
..loon He was knocked unconsciouS
from the fist blow, although ne was
a..nct on the head four times, two blows
producing gashes about 2)6 inches ionS'
a fii,h blow dislodged his right eye Daii,
forcing Il from the socket. The munro
ave was removed on Ithe Saturday iol-
lowing the assault, being replaced by an
artificial eye. r.
Murphy was cross-exsmined by Gar
sop. who sought 10 show some irregu'
larity in the testimony offered by Mur
nbv in the police court and that offered
nv the witness today. Murphy admitted
,ba, he was greatly enraged and used
ooithets towards Martin. Carson
con,inued TO review the the testimony
Of the witness given at the two trials IN
an effort TO inpeach the witness. In
answer TO a question II on direct exam
Instion he had not positively sworn that
be did not use vile language towards
Martin, Murphy replied that he could
not state positively. The rigid CROSS
examination, to which Murphy was
subiected, failed TO disclose anything oil
a material character.
los Tyler, day bartender at the
Western saloon, identified certain
billy club that was kept in the par
room. Testified that Martin for a per-
iod Of about two weeks last summer
worked in the saloon in the absence
of the proprietor and was acquainted
with the interior arrangement OF the
saloon. That Martin occasionally came
into the saloon whenever his visited the
city. :,
On cross examination, defense brought
out the fact from Tyler that the clul
was kept hanging behind the bar abou'
, IS inches from the surface thereof anC
that the bar being l6 inches wide i
was impossible for person standing OF
outside of the bar TO reach the clul
without coming around behind th'
counter.
DIR. W. II. Byrd, who attended the
witness following the assault, testified
concerning the wounds. II wounds ha6
not received prompt attention, the on'
in the eye might have resulted in in
jury TO both eyes, or in brair
trouble or might possibly have been in
dlcted by a club. Injury to the ey
could have been done by fist but
was not at all probable. On eros
examination, he testified that the iniur
to the eye could have been caused b
falling against a shop corner. Had clu
been used, the bony structure about th
eye would probably have been crushed
} DR.. G. II. Robertson, who assisted
the operation by which Murphy's II
iured eye was removed, was next calle'
, He said that had the injured eye receive
= no attention the man might have r
z covered, but the injury would hay
: piobably resulted in death. The e.
was removed in order to save the 9th
member. Otherwise spinal meniugii
would doubtless have resulted. Injuri
could hardly have been produced by
bare fist. II was brought out the ia
in cross examining the witness that &
injury to the eye could have been pi
duced by clenched hst with a ri
similar g. the one worn by Marti
Witness was not of the opinion that I
scalp wounds could have been produo
, in the same manner. At 1850 cou
took a recess until O'Clock.
Bert Lynch told Of going into I
{ saloon with Murphy. Had been in t
salooon but a minute when the a
blow WAS struck. Did not see nor he
! any blows struck. Considered that
{ was simply bar room fight 81
there was no othp person
. the room excepting the bar tend'
: did not see Martin in the salo'
/. Lynch made an unwilling witness Tor
4 prosecution but bis cross examinati
: was favorable to thedeiendant, althou
Il disclosed no material evidence otl
: than TO positively deny h. presence
the saloon OF either Gregg or McDau
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