The daily journal. (Salem, Or.) 1899-1903, 1901-02-27
CONVICTED OF
ASSAULT AND BATTERY
Jury in Martin Case Returns
a Verdict.
Defendant Win be Sentenced
on Friday JufyWas Out
Three Hours.

hA''uyvh ~ tA1 hb"H pitey-uihk VI
trouble, Murphy was talking in a lout
and boisterous manneron the corner o
State and Commercial streets State,
that Murphy remarked that MeKinlel
anybody that voted Tor him" Cross
examination brought out the fact tina
The remark was not addressed to Martin
From @. W. johnson, defence obtainec
similar testimony, and broke down th,
testimony Of the prosecuting witness t,
the extent that Murphy 10 the Recorder
Court swore positively that he did moi
enter Eckerien's saloon.
Carroll Moores testimony pertained Il
the conversation on the street corner be
tween the two men before the hghI
occurred. Witness testified that Martin
showed desire to fight. On cross
examination, testified as DID the preced
ing witnesses that the epithets we're mol
directed 10 any particular person.
I'd Finley, Of Polk county, testified he
was in the saloon with Martin, standing
al the bar when Lynch and Murphy en-.
tered. Repeated some indecent Ian.
guagc he said Murphy used concerning
Martin. Continuing, the witness said
81 turned TO leave the room thinking
there would betrouble Had gone near.
ly 10 the door when I heard die.
turbance such as fight. looked back
and saw Murphy stagger and fall, hi.
head striking the bar when he fell upon
bis left side, Murphy was drunk but did
not see Martin have club. then left
the saloon" Witness testified there
we're only five persons IN the saloon,
including the principals.
In crossexamining the witness, Nc.
Nary endeayored to break down Finley.
showing that his testimony concerning
what be saw Of the fight as related at
the preliminary examination, before the
grand jury aud Ia the days trial wa
contradictory.
JOS. Tyler was callea by the defense.
lilo repeated the conyerpatiou that oc.
Cured between Lynch aud Murphy AZ.
Ter thoy entered the saloon, Martin and
Finley being already at the bar. II was
necessary for him 10 leave the room to
get some liquor for Murphy, aud while
he was gone, the trouble began. lie re-.
turned aud separated the mon. but saw
no olub In Martins hand. Martin
again made two attempts to get at Muir.
ply after be lwiiuessl had separated the
men. lie told Of having found blood
slsins on the lunch counter
oo erosa'examination prosecution
brought out the fact that the witness
did not testify neither at theproliminary
examination nor when before the grand
Jury, concerning the bloodstains.
r. la hranche, proprietor OF the "a.
loon, lestiacd that he was in the bar
room when Murphy and Lynch came ind
and after hearing Murphy uso abusiy,
language concerning Martin ho lei, the
room. Witness admitted on eross.ex.
animation that Murphy was not address.
Ing his remarks TO Martin.
Dr. A. BGillis testified that the lnio,,
to Murphys eye was more ant IA beI
caused by falling against sharp corner
than by a blow from club. No cross
examination
NANNY Blan,on, Of nroola was called
Toe the purpose OF impeachlug. Oress ro.
Ia''ng 10 what tho witness testlaol con.
'erniag lhe a@ault Ieais McHinney.
al Salem Prairie, and l.. }, Martin, we've
'l'o called to' tho same purpose.
willard Martin tbe defendant. took
'he s'eni Ca afternoon November "a
aa' attracted 60 corner state and Conn
"eFioel F''eols by crowd Murphy
aas there' fbe testimony 81 ue Nil. |
bees la this resl,ecl dd poi diaer from
.ha' ol witnesses who prececdei him
"l'ness leii Murphy ia the corner bo,
N'ervaris met Rl Finley whom he an. /
'''ed mloihe saloon Coz drink expl,lp |
ns 'ha' he desirei 30 home. White IN |
.he saleon Mo'ply and Lynch sameln' |
Aarphy aal'ssel some ,llo lsusoase ,oI
silaest
Tie then made auash o, me- NJ
.uacs him With my ast ba, a.a ,o,l
'eess h'p down 'he 6rs, 'Ime. Z struck [
''@ 'N" ~ 'b'ee i.mes moyo, WHOM I
''d k0eesed him deeu. ! iampsd over 4
he bar aod 'i,sel ,be bnly an esirsa,eil 4
2 'he other rlle d t.e bar non,. p,,.
'','l 60 de'eai wyrlt ! ail es,hays (
elab. sa, hi,h'm siiN my s.,. .e.,.
~ ahessy augei rims
Cfoss ssamlasi,aa lleasima,nt,s.
''''ea 'ha' lln'ey ess laihe nom ana
y ,te 80 = al,ae~ ahsn N,,,h,