The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-17
GRUESOME PIECE
OF EVIDENCE IN
MAYHEM CASE
Section of Dan Phelan's Ear is Pro-
duced During Preliminary
Hearing.

This is the piece of ear, your
honor
So said DR.. A. r. Pollock yester-
day to Justice Cartwright as he held
in plain view the piece of ear that
Martin johnson is accused of having
chewed off Dan Phelan's hearing ap-
paratus. The doctor stated that he
was brought the gruesOme piece of
evidence about midnight last Satur-
day and that the man to whom it be-
longed arrived shortly after. He
had been separated from the ear too
long, however, to enable the physi-
clan to place it back on and SO had
to go with one-third of his ear mis-
sing.
ut looked as If it had been chewed
off, said the doctor in describing the
wound.
I'VE ask, your honor, to introduce
this piece of ear in evidence" said
District Attorney Eddy. In view of
the fact that it is perishable we ask
that it be returned to the doctor to
place it in alcohol until such time
as it may be needed.
Attorney Zurich raised objection
to the procedure, stating that if the
piece of flesh was to be presented in
evidence it would have to remain in
the court s custody.
Il could take steps to have it pre-
served" said the justice.
Il move you that all this evidence
relating to the alleged piece of ear
be stricken from the records said
Mr.. ZURICH.
| ~
| justice admitted the one-third sec
| tion of Johnson's ear in evidence,
presenting it to the physician to pre-
serve.
Phelan was the first witness called
in the case and his appearance indi
Gated that he had lost part of his
hearing apparatus. His left ear was
bandaged and he stated that he had
suffered so he had not slept for three
nights.
I'VE came down together from Ely
City," he said, land between II and
1880 O'Clock Saturday night the
trouble commenced. Johnson fol-
lowed me and used abusive language.
He told me he was going to do me
mp and | ordered him away. Finally
| slapped him with my open hand
and he was put out of the saloon.
He returned to the door and asked
me to go out and fight. l stayed in
the saloon some few minutes and
then decided to return home. AS |
stepped out he grabbed me and start
ed the trouble. | heard some one
shout Look out, he's chewing your
ear The city marshal separated us
and Johnson ran. then learned that
a piece of my left ear had been
chewed off.
District Attorney Eddy asked him
whether he had seen the defendant
with large chisel in his pocket. He
replied that he had and when shown
a chisel with a blade about four
inches wide stated it resembled the
one he had seen in the defendant S
pocket the night of the trouble. He
couldn't state positively whether it
was the same instrument, so the
court refused to admit it as evidence
Are you positive this defendant
was the man who bit your ear OFF,"
asked the district attorney
Il am was the answer.
Upon crOss-eXaminatiOn the COM
planning witness said he came from
Ogden where he had lived for 26
years. He was bricklayer and a
locomotive engineer. He knew of no
ill-feeling existing between. himself
and the defendant prior to late that
evening when the latter started the
trouble.
Attorney Zurich questioned him
closely concerning the time he had
roamed about town prior to the fight
when the district attorney urged an
objection.
II have him accounting for four
hours between 8 and ~ O'Clock, "
said Attorney Zurich, land he will
probably reach 3 O'Clock before the
fight began If you will permit him
to proceed"
The objection was overruled. The
witness said George Bates was with
him in the saloon when the trouble
occurred
What did the defendant do when
you first met him there?" asked the
attorney.
''He didn't do anything" was the
reply.
What did you do
II didn't do anything
This concluded the crOss-examina-
ton. At 4:30 o'clock Attorney Ju-
rich asked for an adjournment and
the case will be taken up this morn
ing at 10 O'Clock.