Bisbee daily review., 1906-08-11
MILLER IS BOUND OvERIN SUM
 IF $500
For Assault With a Rock on Man Named Dunbar in
 Red Light District.

came up for preliminary hearing in Judge McDonald's court. The Terri. tory was represented by Mir. E. J. Flanigan, the assistant district at torney, and Miller by Attorney J. W. Ross. After hearing the testimony and arguments of the opposing coun- sel, Judge Mcdonald bound Miller over to await the action of the grand jury. placing his bond at $500.
 The first witness for the Territory was Dr. Hart. who testified that he had been called to house No. fl in UEper Brewery Avenue on the morn ing of August 8. and that when he got there he dressed the wounds of Thomas Dunbar. The doctor said that the mans jaw was broken on the left side, and that one of the teeth had been broken in two. He said that there were abrasions on the face and that the throat was swollen to such an extent that the man could not talk. When shown a rock which was in evidence. and asked if the | wound could have been inflicted with it. the doctor said that it could.
 The next witness for the prosecu- ton was Marie Eddy. She said that sine was an inmate of the house, and on the night that the trouble hap pened had retired. She said that she heard a noise. and on stepping out on the porch 10 see what was the matter. was struck by a rock. She said that Miller was the man who | threw the rock at her. On cross examination MT. Ross asked the wom- an if the rock had inflicted a wound, and if so. told her 70 show it to. the court. The woman showed the court wound on one of her lmbs, which rock She said that she had not seen Miller throw a rock at Dunbar.
 The next witness was Lily Malcolm She said that she also was an inmate | Of the house, and that on the nigh; that the trouble occurred. had been present. She testified that Miller was standing at the bottom of the steps in front of the house. and threw the roclZ which hit Dunbar.
 The next witness was Dolly Nun l bar. She testified that she was the | proprietress of the house in which the l trouble occurred, and that she is the l wife of the man who was injured
 She said that a man who had been at her house that night, and had beer drinking, asked her if he could lay down on a couch which was in the barroom. She testified that he was sleeping on the couch when Miller and his friends came in. She said that Miller ierked the man off the lounge, and that she interfered say ir1rY fhgf he tn lot T-f i'm, alone. Sfle said ithat Miller used | abusive language 10 her, and that he said that they were going to clean the house out. She said that her bus | band cane cut to talk to the men, and that as he was standing on the steps, Miller threw the rock at him which was in evidence. She said that she had been knocked down in the fight which had taken place, and that one Cf the other women had hit some man with a chair when he was in the act of striking her. She said that Charles Maddern was the man who hit her. She testified further that as soon as her husband fell she went to him. and fe was unconscious, and blood was gushing from his lips. She said that her husband remained un- conscious fer fifteen minutes, and that he is unable to talk as yet.
 The next witness was Fay Ellison who testified that she had used Ine chair and had hit some man with it who was in the act of striking Dolly Munbar. The prosecution rested.
 The first witness for defense was Walter Malen. He testified that he ho1 haan with MiIJor hot ric that there were five in the party. He testified that they had gone to the house with Miller to get Shearer, the man who was sleeping on the lounge. He further testified that when they reached the house and went in to get Shearer, Dolly Munbar used vile language to Miller, and that she started towards Miller and finally struck at him. He said that Miller | kept backing towards the door and had just about reached it when Dun- bar appeared OF the scene; that Dun- bar rushed at Miller, backing him down the steps. Malen testified fur ther that he was in position where he could see Miller, and that Miller had not thrown a rock at Dunbar. The witness testified that he saw Dun. bar fall. but did not see any rock.
 The next witness for the defense . was R. w. Robertson, who testIned
 that he also had been a member of the party that night, and that he saw the whole affair, and testified sub
 stantially the same as Malen. The judge asked Robertson if he was not , prepared to leave Lowell when he : and Miller were arrested, and Robert.
 son said he and Miller had been thinking of going to Fl Paso for the , past two or three months. He said
 that this trouble had no bearing on : his leaving town.
 The next witness was F. E. Jen- nings, who corroborated the testimony
 of Malen and Robertson. All three
 of these witnesses testified that three , or four of the women in the house : had attacked them with chairs and , that there were two men who also | fccfffiad that