The Sentinel=record., 1913-03-29
SEWARD IS HELD
 ID GRAND JURY
MAN WHO coUeED OUT THE EYES OF TOM MATTHIAS TAKES
 STAND iN THE CASE.
Testified He Received Blow Which Blinded Him Temporarily and He Didn't Know He Was ooug-
 ing Matthias In Eyes.

ago with his thumb gouged ont the eyes of Tom Matthias when they en gagged in fight on Park avenue. was yesterday held by Justice Afford to answer to the grand jury on charge of maim. and the bond of $500 under which he had been held for examina tion. was ordered renewed to hold him to further answer in the courts
 Seward took the stand in his owr behalf as the concluding witness and testified that on the day of the trou ble he had made the trains, and got a man" that he had taken the yisi tor down town in the afternoon, that they had several drinks together, and Iwere on the way back to his house when they stopped in Sigman's sa loon fo- another drink. He said the visitor then went off down to the hot water spring to get another drink oi water, and he waited about. He said when they entered the sa loon Matthias, who he did not know Harry Whipke, and another man were there talking, and Whipke said when he entered. There is a man who owes Gaines sl2. referring to him.
 Seward said he answered Whipke that he did not owe but a small sum and had sent a check for that, when Matthias stepped un and said to Sc ward and Whipke: Why don't he pay it?"
 Who is that man, Seward swore he asked whipke. That is Tom Matthias. and a white man" Whipke answered.
 r'l am white man. too Seward answered.
 Seward says that here Matthias stepped up and said: You old gray headed , applying an ep- ithet to him.
 T can't take that, Seward testi. fled, he said in answer. and started 10 hit Matthias when his arm was caught by the bartender
 Seward said that Matthias continued to curse him and to say: The old gray headed - - won't fight. " Seward then told of being told to go out of the saloon. and that he was standing outside Of the saloon wait. ing for the visitor he had been with to return. when Matthias showed in the door of the saloon, and asked him what he had in his hands. He said he showed his hands with nothing in them. and that Matthias then hit him blow in the face which blind ed him temporarily. and he does not l-farsu nam ala F ..F. except they grappled
 After he hit me in the face did not know whether 1t was daylight or dark, swore Seward
 On cross examination by Deputy Prosecuting Attorney Wilmington, Seward did not remember putting Ma thias down and gouging out his eyes, or what was said just after the trou- ble.
 Deputy Wilmington introduced Whipke as the closing witness for the state. He testified that ke went into the saloon, and Matthias was there, and asked him to nave a drink, and that Matthias was drunk Matthias asked him about the welfare of his brotheriplaw, Gillenwater and the witness told Matthias he was in bad health, and then Matthias ask. ed him how he was fixed financially The witness was telling Matthias about some people who owed GlIIea- water some money, when Seward came in, and Whipke said
 Here comes man now who owes him small bill"
 Whipke said that Seward stated the bill had been paid, or something. and that Matthias asked Seward then why he didn't pay it, and that St ward asked the witness who Matthias was, and witness told him.
 Seward and Matthias took up the matter. and Matthias cursed Seward, and Seward said no man could call him what Matthias had and get way with it. Then the bartender and Hun. ter intervened
 Whipke said that Matthias was very drunk, and that Seward did not ap- pear to him to be intoxicated. He did not see the fight on the outside of the saloon.
 Tim Laird. the bartender. was the fifst witness for the defense. and ac- cording to his version, Matthias was the offender, according to his version in the matter of cursing Seward, and Seward stated to strike Matthias, af- ter an insult and this witness caught his arm. Seward went out and NA- thias rushed after him, and the figh: followed.
 Seward was steady thinker and the witness did not think he was sober. Matthias was intoxicated, but the bartender wasn't certain he was drunk, but remembered serving him three whiskies and two or three beers in about an hours time
 The witness testified that Seward said: T am a man 70 years of age and if you don't think will fight you gre the worst fooled man in the world" and said also 'f will negeT take that (oath applied by Mathiasl off of anybody
 Mack Cauley was about the bar a great deal and testified in substance to the evidence of the other witnesses except that he saw the men go to the ground about eight feet from ;he saloon door. hut later when examin-