Weekly journal-miner., 1908-12-09
BEGIN EVIDENCE or
 FRANK SPENCE TRIAL
tFrom Thursdays Daily)

Leaning forward, with the lobe of his right ear covered by the open right hand, Frank Spence, charged with the murder of Edgar K. Sullivan. sat in court yesterday listening intent ly to the story of the shooting told from the witness stand by witnesses for the prosecution.
 Not once during the proceedings was the palor of his unshavcn face re- lievcd by q neeting blush. Although all of the testimony submitted to the jury to ! o'clock, when court adjourn ed, appeared damaging Co his chance for exoncration from the horrible crime charged, which he claimed after the shooting was done in sclf-defcnsc. his manner never changed nor did he offer n suggestion to his counsel.
 Examining and selecting the jury occupied thc entire forenoon session and up to 2 o'clock in the afternoon. Evidence for the prosecution was introduced showing the position of Sullivan's dead body when found in the cabin on the Spence ranch, four miles west of the city, the evening of the day of the shooting and a descrip ton of the bullet wound that resulted fatally. The body was found lying on the floor with 4he right hand clenched tightly resting on the han. de of a large butcher knife. | Attorney James Loy, for the de. fensc, objected to the expert testimony of Dr. R. x. Looney, because the sur. geon admitted that he was not famil.
 far with gunshot wounds made by
 steel jacketed bullets.
 Dr. Looney admitted that he had
 been familiar with gnnsbot wounds in
 a professional way twelve years. He
 stated positively that the missile
 which caused Sullivan's death entered
 the back of the head three inches
 from the lobe of the right ear and n
 half inch below the level of the top of
 the ear and came out near the Jeff
 corner of the left eye, tearing away
 some of the bone of the skull in its
 exit. He explained to the court and
 jury that the wound in the back o' : the head was round and appeared t' } have been made by bullet of large } calibrc.
 ] In his cross examination of Dr Looney, Attorney Loy asked if th' witness was not aware of the fac that government statistics in histor, ' of the civil war showed that n large
 made larger entrance than exit holes 5 Tois was not admitted by the witness { who stated that all text books of gun s shot wounds held that the entranc c hole was invariably smaller than th n exit.
 l. Dr. Looney's testimony was sut '' stantioted by that of other witnesses !. The three patches of the forehead an . one on he left cheek burned were see O by Lester Rufner, ;ne undertaken, a c well as the singed hair on the iron l. of the head immediately over the for l, head, indicating that Sullivan ha d fallen forward into the fireplace whe W shot.
 n Sullivan was shot by Spence Octob' 7, %. Spence came to the city and su ,. rendered to the sheriff's ohice aft' is the shooting. He claimed self.defen' IS and stated that Sullivan had attaekt
 him with n butcher knife. An exam ,e nation of the premises by the distri d attorney, Deputy Sheriff Merritt, Ju lc ice of the Peace McLane and COT ,e ner's jury was made. The jury as turned a verdict charging Spence wi
 the shooting. Spence was arraign' e. and held without bonds to answer ,r the grand jury, which returned an e. dietment charging Spence with mn Is- der.