Bisbee daily review., 1907-09-19
WILL DECIDE HE MULLEN CASE
 TONIGHT
Preliminary Hearing Is Had In Case Of Territory ys. Mullen. Large Number of Witnesses Examined.

 hearing in the case of the Territory | versus Arthur Mullen, formerly a | member of the city police force, who is charged with aggravated assault on T. Devote. was disposed oI III Justice i Hogan's court, and a decision as to whether the defendant will be held | to await the action of the grand jury | will be rendered by the justice this evening at o'clock. A large num- Der of witnesses were examined in the hearing. The offense was alleged to have been committed on the even ing of September [.
 Dr. D. E. Frederick was the first i witness called by the prosecution, and stated that he had attended Devote. 1 He said that an examination had dis closed three broken ribs, bruises on both eyes and a confusion of the back. He went on to say that Devote had been confined in the hospital under his care for eight days, and that be was still under treatment as two of the ribs had not healed.
 The next witness called to the stand was the 12-year-old son of the com | blaming witness. He stated to the | court that on the night in question, 2 ms ldllGI udu bttn AhSae hSSuhdAeS some of the children had disobeyed him during the day. and that evening | threatened to whip them, when their mother took their part. and the par i ents became involved in a wrestling match during which no blows were 1 struck although profane language
 was used. He stated that the affair i had blown over and the father was sitting on a plank outside the house lighting a cigar. when Mullen appear ! cd or the scene with another man and after making an insulting remark to which the father replied by asking l who he was and what he was doing I there struck Devote in the eye and T punched him again ip the chest. knocking him down In a few min utes. the boy testified. Mullen picked his father up and started down the
 hill with him. Arriving at rock. the boy stated, the officer knocked } the elderly man down and while he was on the ground kicked him until he arose
 The daughter another son, and the wife of the complaining witness were
 then called to the stand, and testified to substantially the same facts as had :: the first witness R. H. Mason was | then called and stated that he had seen Devote about 6 o'clock that even ' ing and that the man was not drunk : after which Louis Crawford was called and testified that he had seen De vote on his hands and knees at a
 point down the hill from the resi- dence.
 oi Devote was placed on the stand and 5 land testified to substantially the ! same facts as his wife and children , saying that Mullen had come to the
 house and applying to him vile
 name, when asked by what authority
 he was there, punched him in tht n face knocking i'm down. Devote wen r on 10 say that while he was on tht V ground and the officer was kickint
 him he heard some one telling Muller not to kick an old man. He stated
 further that on the way to jail Mul
 len had pushed him and struck hin from time to time. The Territory her. | rested it's case.
 Mullen was placed on the stant
 first in his own defense to make
 voluntary statement He said that ar
 irving at a house in the Tenderloii ii district he had been told that Deyot' ,. was beating his wife and immediatel.
 started for the house officer McCo.
 TUffUI " fIIFs fTITII1 IIU hs arrived there hAe saia Devote D.
 was under arrest and in return thu
 old man had called him vile names d He said he then hit him with hi l. open. hand. He stated that Deyott
 arose and kicked him in the stomach !, when he again struck him. Going oi : he said that Devote grabbed hin [ while going down hill and he strucl e him with his open hand knockinl I him down, after which he placed hin i in jail In one portion of his state F ment Mullen said that while he ws r putting the children back into th' . house he left Devote in charge o 7 Mccoy and that the old man startei for an axe in the next house and tha [, he yelled to Mccoy to look out.
 vi Mccoy was called next. and ststef 1 that he had reached the house short n iy after Mullen. but did not hear wha d had led to the first striking Hs if stated he had not seen Mullen us e billy. He said that while Mullel d vas trying to get the children, wh d were crying. int othe house. the latte e yelled to him to look out that Deyot le was going for an axe and follow tn r prisoner back He stated that he ha e not seen the defendant kick Devotl
 On cross-examination he said he ha e. not heard Mullen tell the complainin
 witness he was under arrest
 Pearl Anderson an inmate of or l. of the houses iH the Redlight di = trict. testified that she had fc z lowed the officers and was with 4 hearing distance of whst went O E Her testimony was practically u N same as MuIien's. h relating wh z took place at the foot of the hi E when Devote was kneked down aga E by the officer. she said that the pri H onre was pulling away when Mun' E hit him with his open hand al
 knocked him down on a pile of rock When asked on cross-examinatio if the fall had been sufficient break three ribs she stated that S $ thought + was.
 |. Dolly Munbars. owner of aoU in the Redlight district. and Maj land Stuart. an inmate of tha nous testified to circumstances nrccedii k the sending of the officers tcl Deyot' E residence and what took place aft E bringing the pr1s9ssr ..own ths h < With this the defense rested
 H City Attorney Merritt ad lreSssd { K court. insisting that from tho cl E dence produced at the ae;uins fhe s being two of1i>e~s pr sss l. tlie-s w
 GO necessity fo- the striking of
 man of Devote's age The attorn
 f1..s Xofouoa snr,lfoI .rrde, r-<srf