Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-04


who is on trial for his life in the
circuit court for an assault with
deadly weapon upon Guard Simpson
of the state penitentiary was pro-
voked by Simpson to make the at
tack, and also because of line Of
cruel treatment his mind had been
weakened until he was mentally ir-
responsible, the attorneys for the de-
fense this forenoon in the circuit
court began the laying of a founda-
ton for line of evidence by which
they hope to save their client from
being doomed to dangle at the end of
a hangman's rope.
They succeeded through two wit
-Convicts Dickinson and
Hacker in showing that Guard Slmp-
son had made the attack unpro-
voked but when it came to showing
that by reason of the poor food ad-
ministered. cruel treatment heaped
upon O'Rourke's mind, which 1t is
contended is weak, was impaired to
the extent that he was mentally ire
sponsible, they were shut off by the
court by reason of an objection
raised by the state. While shut off
this forenoon 1t is not likely, how
ever, that they will abandon the at
tempt but will seek another mode
by which to introduce the evidence.
State Closed Early.
The state closed its case early this
morning. little after 10 o'clock and
the defense after motion asking
that a verdict be directed in favor
of the defendant was overruled, be-
gan the introduction Of evidence,
The first witness this morning for
the state was Warden Curtis and his
evidence was along the same line as
that of Superintendent James, who
testified yesterday afternoon.
Guard Fisher, who separated Guard
Simpson and o'Rourke when they lay
cllnched on the floor, was the next
witness and his evidence was cor
roborative of that given yesterday af-
ternoon by Guard Simpson,
The next witness was Convict
Trapp, the barber who was directed
to cut O'Rourke's hair. He is serv-
ing life term in the state prison for
murder and his evidence while con-
flicting and confusing, was in favor
of the state.
Sturgls FaYOrs Defense.
Convict Sturgis followed Trapp and
while a witness for the state, his evil
dence was favorable to the defense
He was the first man directed to cut
o'Rourkes hair but being inexper-
fenced, he was superseded by Trapp
He testified that Guard Simpson
struck O'Rourke a blow with his
cane before the latter made an at.
tack upon him with a knife.
Convicts Higley and Spurling's
evidence was along the same line as
that of other witnesses for the state
DR.. Byrd Sr., was the last witness
for the state and his evidence wai
with relation to the wounds sus
tanned by Simpson
"DOn't HIT" Said 0'ROurke.
Convict ]. M. Dickinson was the
first witness for the defense He II
a man well along in years and has
served three years in the state pris
on. He testified that when Sturgis'
started to cut ORourke's hair, he OBJ
jected to having It cut short and tha
Guard Simpson directed that th'
clippers be used and ordered Trap
to do the work.
While Trapp was doing the work
he said, that Guard Simpson walked
around to the side of 0'Rourke as hi
sat in the barber chair and took from
his pocket a tobacco can O'Rourke
he said, looked up and asked Simp
son what he wanted and Simpson re
piled, he said, by saying that 1t wa
none OF his business and raised hi
cane and struck him over the sid