NONUNION MANS MAN'S SHOT TO BE FATAL Physicians Hold Out No Hope of Recovery to Wounded Striker PROVOCATION I IS IS DENIED Assailant Claims Self-Defense Self Though Bullet Entered Victims Victim's Bac Back John G. G Hayden Haden striking member of ot the local c carmn who was shot Jn In the th b back J by Iy Fn PranK Franc ij 1 I an ItalIan Italian Haltan Ital Hal ian tan nonunion car lar cleaner during an altercation al- al which occurred near Stall St. St Marks Mark's all s 's s hospital at al 1 o'clock Tuesday morning Is s m In a serious condition AttendIng Attending At At- Attending tending tendIng- surgeons nt at St. St Marks Mark's hold out no now hope pe of his leCO er recovery Pacing his coil cell in the city prison Malaga R attempts to explain that ho shot Hayden HaYdon In d self defense but cannot account ac account account ac- ac count for COl the fact that Hayden Haden was shot snot in tho the back while ho probably was running away from his a assailant s says he lie is not a marksman and shot nt at random but three of the six bullets he fired hit or grazed their mark Two bullets hit Ha Hayden en says sas Dr Augustus C C. C Behe who operated upon the ino wounded man One of ot them enl entered en- en bred l the back and coursing upward caused cl eight ht perforations of the Intestine Intes Intes- tines tine lodging lod-In under the skin of the stomach The other plowed across the upper rl right ht shoulder Tho The third bullet cut through the coat collar of or Andrew Andre Gudmundson union carman cUIman who for years has been a ad at friend t d 2 of oC Hayden hen When the time missile struck him he was standing near the car cm tracks at the terminal of tho time Warm arm I I Springs ear car line fUll fully fifty yards ards from I the position occupied by b Malazia as he emptied his revolver er at at the two men Wien Gudmundson I is being held hed at the elt city prison as a material witness but upon recommendation of ot Ju Judge 1 e J J. J M. M t Bowman of the elt city court Urt will be he released u this ls I morning Assort Assert Provocation Pro companion of Malazia who stood at the tatters latter's side when he emptied his rev revolver at the striking car men also alo will he be fc held at the elt city prison as a witness and should Hayden suc sue succumb cumb to 10 his wounds charges m may be bo riled flied against him as being being- an accomplice of or Two hours after the shoot shooting shooting- ng and Malazia were arrested arcs ar- ar ar ar- rested cs d in n the nonunion mens men's stockade or tile rue O. O S S. L. L at Fifth West and anti Ninth North street Malazia and Insist that Hayden provoked pro them to shoot him says sars IJa Hayden struck him with a pair pall of oC brass hlass knuckles but hul no w weapons apons of any kind could be bc found upon the person of either Hayden Ha of Gudmundson and were armed when Ser Sergeant cant 1 J J. J. J 1 Roberts arrested them Empty Empt cartridges s 's and powder marks In the tho barrel banel of the r revolver carried by hy Malazia Ma Ma- Ja- Ja lazla lazia proved that he did time tho shooting shooting- He lie confessed hut but said he lie shot In self self- defense In a statement made l Ly Hayden Hanlen bo- bo foro Core he lie was placed on the time operating table ho he said he did not provoke Plo trou trou- ble 11 Ho He e declared the two Italians shot him hint after alter they a dark part of the street lIe He said the they previously previously ou h had asked him and Gudmundson to accompany them to the 0 O. O S. S L L. stockade Other Arret rrt A committee representing the strikIng striking ing railway men of oC the 0 O. S. S I. I called on Acting Chief of oC Police John yesterday esterday afternoon and Inquired Into the thc details of the shooting They of offered of- of offered evidence e that and Gudmundson Gudmundson Gud Gud- were not the kind of men to cause trouble ThIn also Informed the police that th the striking union men had been forbidden to carr carry firearms or weapons of un any kind hind Joseph E E. 1 Ole at the O. O S. S I.- I. L. L stockade was arrested by Patrolman Thomas Simpson last nl night ht and charged with carr carrying ln concealed conceal d weapons upon complaint of ot g 13 1 Olson N N. N Jorgensen and J J. J st. union railway men who also wore arrested on charges of using abusive lan language Late yesterday afternoon it is alleged al al- al cd Olson encountered encountered en- en encountered en en- countered Ole near the stoc stockade ade An exchange of abusive language resulted It Is said Ole became enraged and anti threatened to kill the others as soon as he could get a revolver He wont went to his home ant and arming himself returned to the business district dis dis- The union men observed that ho he had a revolver in his back balk pocket ct and called the attention of oC Patrolman SImpson As Simpson lm was placing placing- Ole under arrest the union men are arc said sall to have heaped him with abuse until they themselves were arrested a