Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-04
THE TRIAL OF O'ROURKE.
CONTINUED from Page i

mentality of a person whose mind
was already weak. The defense also
stated that when the proper time
came evidence would be introduced
to show that the treatment of
O'Rourke had been so cruel that it
had an effect on his mind. 1t was
charged by them in arguing the ques-
ton that for a period of 20 days for
10 hours each day, O'Rourke had
been made to stand with his hands
tied over his head and that during
the time he had been fed only on
bread and water
During the argument Convict
Hacker wept
The state interposed an objection
to the evidence and it was ruled out.
An adjournment was then taken
until the afternoon.
Simpsons Story of Trouble.
Jerry Simpson, the guard whom
O'Rourke is alleged to have stabbed,
was the first witness placed on the
stand yesterday afternoon by the
state.
He testified that he began duty as
guard at the state prison in 1908,
and that the stabbing occurred on
December II, 1919 O'Rourke, he
testified, had been directed to have
his hair cut on that day and he was
one of the guards in the barber shop
| to supervise the work. There is
rule, he stated, which provides that
the hair of all prisoners must be cut
alike clipped on the back of the
head, and left somewhat long on the
top AMI front. O'Rourke, he said, OBJ
jected to having his hair cut and
squirmed and wriggled about in the
chair. AS the man cutting his hair
was not an experienced man, he
called in the head barber to do the
work.
Stabbed Him Several Times.
Because of O'Rourke's actions he
became suspicious of him, he said,
and as he passed by the chair in
which he was seated he pulled back
the barber's apron and looked into his
pocket and found a tin can. This
seemingly angered O'Rourke, and he
exclaimed: What in hell are you
doing in my pockets" and to which
remark Simpson repleid: THAT is
my business" The retort from
O'Rourke, said Simpson, was you
-, I will kill you" and the
witness said he then sprang from the
chair and came at him in a crouching
position He saw him open a knife,
he said, and struck him over the head
with a cane. The blow failed to stop
him, he stated, and he then grabbed
him and wrestled with him. O'Rourke
during the time stabbed him again.
Finally, he said, he got hold of the
hand in which he held the knife, but
he succeeded in stabbing him again,
but this time broke the knife Both
then, he said, fell to the floor with
O'Rourke underneath Just about
this time, he testified, assistance
reached him, and o'Rourke was
turned over to other guards, and he
went to the hospital.
Struck Him Once Before.
The defense succeeded in bring
ing out that Simpson had struck
O'Rourke last summer. O'Rourke
had been assigned to the task to un-
load some pig iron, but declined to do
so, because he said he was too weak
for the work. Simpson sadi he told
him to go to the warden and talk
with him, and they started for the Of
flee. On the way Simpson said
O'Rourke swore at him, and when he
finally grabebd him by the shoulder,
with the view of having him stop
cursing, he struck at him. Simpson
said that he then struck him back of
ear with a cane, but the blow was
not of sufficient force to knock him
down.
The defense also brought out the
fact that the guards had been in
struCted to defend themselves with
canes when attacked by any Of the
prisoners.
James Testifles.
Superintendent James followed
Simpson. His testimony was with re-
lation to the commitment of o'Rourke
and the rules governing the style of
hair cutting at the state prison for
convicts and also as to whether the
rules were written or verbal. He
corroborated Simpson as to the style
of hair cut prescribed, and also that
it was verbal and not a printed
rule.