Weekly journal-miner., 1917-09-19
PAT HERMAN IS PUT ON TRIAL
 FOR MURDER
SELF-DEFENSE IS PL E A OF MAN CHARGED WITH
 KILLING O. A. DAGGS AT
 JEROME LAST AUGUST; THE ETERNAL TRIANGLE
(From Tuesdays Daily.)

at Jerome last August, was opened in the Superior court yesterday morning. The State is represented by Assistant Attorney Neil C. Clark and E. $. Clark, while the defendant has engag- ed O'Sullivan & Morgan to conduct his case. Kiernan is charged with having shot Daags at Jerome on Au- gust l2th, following a series of quar- rels between the men over the wife of the deceased.
 Most of the morning session was taken up in getting a jury, and the taking of testimony did not begin un- til about ? o'clock in the afternoon.
 The States first witness was Robert Carter, an engineer of Jerome, who was present at the fatal meeting of Kiernan and Daags. According to the story of Mir. Carter, the men met m front of a cigar store. A few words ensued, and Daags and Kiernan then walked up the street and turned the corner into vacant lot on First avenue. Carter had followed the quarreling pair at the request of Daags and was within three feet of Daags at the time the shots were fired. Daags accused Kiernan of being too intimate with Mrs. Daags during the absence of the husband To this ac- cusation Kiernan made a vehement denial, and then Daags charged Kier- nan with other unprintable conduct ! At this juncture, according to Carter's testimony, Kiernan drew his Colt automatic from his hip pocket and | fired twice at Daags. The bullets did not hit vital spot, and Daags hurled an uncomplimentary epithet at his assailant and started to run back to- ward the street. Kiernan then fired two more shots into the body of the fleeing man, and Daags fell to the ground. Kicrnan walked over to near where the prostrate man lay and put two more bullets into the body. Kier. nar then. went to the city hall and surrendered to deputy sheriff.
 Dr. L. P. Caul, physician for the United Verde, testified as to the na- ture of the wounds on the body of Daags. He said that only one fatal wound was found, and that one in the back of the head Five other bullets had entered various part of the body, making II wounds in all.
 A number of other witnesses were examined and told the details of the shooting as it had appeared to them
 Late in the afternoon, Kicrnan was placed on the stand. He told the jury that bad blood has existed between he and his victim for nearly a year. He said that Daags had gotten the impression that he (Kiernan) was the cause of Mrs. Daags filing suit for divorce shortly before the shooting He also told how Daags had visited the Palace rooming house, where Kicrnan was stopping, and made scv- cral efforts to locate Kiernan for the purpose of killing him. According to Kiernan, Daags one day remarked that he had returned to Jerome to kill off few of his wifc's gentlemen friends, and that he proposed to start out by killing Kiernan. The defend- ant also related the circumstances surrounding the shooting scrapc in which Daags and Kernan figured at Mrs. Daags' boarding house last Feb ruary. Daags had chased Kiernan into the dining room of the boarding house and fired two shots at him, Kicrnan making getaway via the back door, According to the stories told by the defendant, he believed his life to be in danger, and the shooting of Daags was accomplished only after he had tried every other means to placatc the angered husband, none of them being successful.
 The case will be continued at 9 o'clock this morning. at which time the examination of the defendant win be resumed A large number of wit ncsscs arc here from Jerome and will be examined during the course of the day.
 The jury hearing the case is com- posed of the following-named men: J. w. Olds, A. w. Mckay, Thomas J. Morrcll. Edgar Holdridgc. T. F. Me Loughlin, Ben Rybon. Charles w.. King. Reuben E. Dial, Ed. Cook, F. Thornton, Philip Albright and Peter Sesmorc.
 Sent to Penitentiary.
 Charles Dow, convicted last week of stealing q car from Charles kins- man, of Humboldt, was yesterday i-.a.-.J | .lo af E1ar-