Show HE I 1 J 1 I II 11 bright to await the ac action in of ry vie granda ry I 1 e f araj 11 I 1 fi I 1 Y on monday afternoon the exan exam of JH bright for assaulting J garner came to a close in in justice thos D dees court the proceedings were watched by u too 4 eager mul de of friends pf af both the defendant and the tile prosecuting bitnes wit nes testimony ony as follows sir mr T J backham testified as to he the general reputation of joseph garner known him for fbi 42 12 years beare HV he was as addicted to quarrel quarreling ilig and fighting witness i saw od on defendant face e after lie the fracas moroni jr brown oily city jailor produced defendants coat that he be hadon had on ou when brought tomail to jail elt it was torn and muddy described defendants bad Ap appearance Tearance when brou brought glit in ii 0 there a scratch on his lifs face r knew mcw that garner had been in two or three fights but could not testify as to ibis gr general reputation the defense deafen ke icove strike out all the evidence up to the ti time ine of defendants return with ther pistol the tile two transactions beane bein L separate ee and distinct caunsel on both sides argued for and against the motion which the court overruled Cou counsel lisel foe defense uvo moved for the discharge of the prisoner on tha the ground that there was no docu doeu went rhenton on file fileto to show that the prisoner had committed any crime the prosecution late to entertain such a motion at this stage of the proceedings the defense said it was wits never too late while s a man wa waa deprived dip rived of hia hiti liberty the motion was submitted without argut argument nent after which tho court ruled that thit iho ho in information eforia and complaint lying before him hita were sufficient proof bof and denied the motion the defense moved for the thi dise discharge barge of defendants sureties from further responsibility the court said it was needless to grant rant what had been already acom accomplished shed the next motion was vas t to 0 ai discharge the defendant on th the c ground that the evidence given did not sustain the charge overruled di the proc prosecution cu dah having the first pica plea said he be d depended e more on the evidence eviden cc than thad 0 on n pleading giving a recapitulation of the facts as presented in evidence the proprietor or his agent has the right to use sufficient force to eject a disturber of the peace from froni hi ha premises ere premises tito defendant bowed malice and intent 1 1 ingoing away to I 1 purchase u acha i ae i a pistol and returning with the avowed avowed purpose bf renewing the disturbance counsel for the tile defense revie reviewed wed the character of garner aaa asa guar I 1 rel and fighting calip that af of the tile la undress as an imbiber of ali the e ardent that of Wright a aa a transient miner miner and mr Os bornes veracity am va snot abt proverbial even though ho he ili did d pre prepare are dinners dinner s ai at 25 5 cents a 3 head p icide the defendant had bad ft right to beat the boic he lie resided there garner had no business to attack him hini on hi his s return he ile was justified in defending himself against the attack 1 of garner had defendant returned with the intent to shoot I 1 garnerbel Garne Garn rhe erbe would have him on sight instead of that he lie was dragged at and id abused for 75 or I 1 00 aars yarda before he used the ribe prerogative of an american citizen i to defend himself ns he lie had a right to do I 1 the prosecuting Al attorney torney in his CIO closing sing argument it showed that defendant would have used his pistol carlic carlie rhad not his arms been held by garner and it waa wai not hia his fault that ho lie idi did d not shoot garner ina in a vital part the court summed up tip the evi ilc and ordered that the defendant be helito awalt the action of the G grand annd jury of the first district spurt the bail nas fixed at the tile defense defred t to 1 have h av e ahe th lia b 1 to on ace account aunt of the mitigating circumstances of the stile case with thistle court could not comply |