The daily morning journal and courier., 1907-01-31
HIS LIFE AT STAKE.
SAMUEL KNOX ON TRIAL FOR
 MURDER OF KELLY

Court Room Again Crowded When
 Judge Case Takes His Seat-When
 Court Closed William Dunn, Kelly's
 Companion, Was Being Cross-Ex-
 examined by Attorney GOodhart-Dr
 Bartlett and J. A. Myers Also Give
 Evidence fo= State.
 There was even greater interest evinced at the trial of Samuel Knox for the murder of F. M. Kelley when the court opened yesterday morning than that of the previous day. Every part of the court room was occupied when Judge Case took his seat on the bench and began the second day of the trial. During the course of the morning Judge Case was frequently obliged to have the sheriffs warn the crowd that more than filled the gallery to keep quiet or they would be expelled. Despite these warn ings, the frequent entry of other spec tators disturbed the court from time to time.
 The early part of the day was taken up with the testimony of the medical examiner, after which the state put on Jesse A. Myers, who was Q witness of the shooting.
 William Dunn, a companion of Kel- ley, and who was with him at the time of the murder, followed Myers. After telling his story of the fray he was taken in hand by Attorney J, P. Good hart and was put through severe course of questioning. The at torney did not find Dunn an easy prey, however, for he was very careful in his replies; in fact, most of his answers were Yes, ''No," or T don't remem- ber." At o'clock Attorney Goodhart still had him under the limelight and the court adjourned until 10 o'clock this morning.
 Dr. Bartlett was the first witness and described the nature of the wound in Kelley's body, caused by KnoX's bullet, the course and effects of which he ex- plained by illustration on his own body. State Attorney Williams then offered in evidence the bullet alleged to have caused Kelley's death, and Dr. Bartlett identified it as the one he had taken from Kelley's stomach at the autopsy on the body on January 2. MT. Will ' Hams also offered as an exhibit the coat worn by Kelley on January 1, and through which the bullet had passed, and Dr. Bartlett, after identifying it, 4 described the relation of the bullet hole | i,, ,n fn IA i1o a body of Kelley. The direct examina- tion occupied about half an hour, after which Attorney Isbell started the cross examination
 During the direct examination Dr, Bartlett was questioned by Mir. Will Hams as to finding of alcoholic symp- toms in Kelley's stomach, to which the medical examiner replied that he had found no sign of liquors. He also said ! he found no evidence that Kelley had been drinking shortly before death. When cross-examined on this point by Attorney Isbell he stated that he had examined particularly for traces of all cohol, but by the usual method of smelling for alcoholic odors could find | 1lOIlCs IIG SlctlESlt LlldI lb " ele possible, but hardly probable, that the liquor, if any had been taken, could have been absorbed and no trace of it remain before the autopsy, which was made ten hours after Kelley's death.
 J Jesse A. Myers, of 99 Howe street a civil engineer in the railroad com. panys employ was next called by MT Williams. He testified that he was or Church street on January 1 about il D. m, and when in front of the post office he was attracted by sounds o1 a scuff1e across the street and directly in front of Hermann's saloon. Looking
 over he saw three white men and two
 negroes in a fight. He stated that ont
 white man and one colored man hat
 got out into the street apart from thu
 others, and from subsequent events hC
 knew them to have been Kelley anC
 Knox. Both were striking at each oth
 CT, They finally separated, and tn
 white man went back to the sidewalk
 the colored man remaining in the gut
 ter He then heard the colored maj 6ACldlIly NSSp away Liolll liC VI knock your --- ------- ----- head off The white men replied, You will, chi?
 and started toward Crown street. H had taken two or three steps, whel the shot was fred The men then wer about five feet away. The entire af . fair had only occupied about one min ! ute, he said. After he saw Kelley fal and Knox run he, with others, starte
 in pursuit of the negro, who ran u i Church to Crown and then up Crow , street
 a MT. Myers in his testimony state , that when Kelley answered the threa of Knox he thought he started for hin s but this statement was objected to an was finally excluded, and the witnes 4 then stated that Kelley went south to wards Crown street. From pointin s out on the pictures the relative posi-
 tions of the two at this time it was in I dicated that this direction would ap parently have been toward Knox. Cues toned as to what Kelley had done afte stepping back to the sidewalk, he an f swered that he had arranged his cloth a ing, which had become disturbed in tn
 scuffie.
 MT. Goodart, for the defense, ire
 quently objected to the answers of tn
 witness in reply to MT. Williams ques tioning, but Judge Case allowed tn
 statements to go on record.