Show HELD WITHOUT BAIL 4 Edward Scotts Slayer Must Remain = Re-main in Jail TEE EVIDENCE OF YESTERDAY Diamond Has a Careworn Look and Seems to Thoroughly Raze His Bad c Situation The preliminary examination of William Diamond the slayer of Edward Scott on the charge of murder was held before Judge Laney yesterday afternoon Judge Powers appeared for the defendant while County Attorney Murphy and D C Eich aor conducted the prosec Jtion Diamond sat by Judge Powers in a list Jos attitude and his face haa a careworn and thoughtful expression W 13 Oliver testified am a carpenter and on December 12 was wording lor Mr Bctts on Eighth Ve st street On tue morning of that day the dafendant came to the place and abused Mr Ssoti for laying him off and llnaliv me men came to blows They then clinched and Scstt threw Diamond down Mr Betts and myself parted them Diamond COlrLNUEU 10 IllDSESrOTT after that but 1 quieted him and Scott went into the shop and Soon afterwards we heard a nosc in the snap auu Bet an J i went in there We found Scott leaning against me bench with a vound in his foichea1 while Diumond was standing a few feet off with a bloodstained cliis l In his hand I said to him My God what made you do that He replied I did it Ualy take the chisel asd kill me Scott boon aftcr tainted and was taken up town to Dr Endns offlce Mr Mason remained at the place loouiiis after Diamond until the officers arrived To Judge Powers There was no one in the shop at ihe time the laid blow was struck except ex-cept the two men My attention was attracted to the place by a scume and hearing some one say On Diamonds tool chest was in the shop and thele was grind stone there for the use of the men Dr lindris testified Edward Scott was 4 > roucbtto my office about loJ am December 12 He died justturtyuve minutes later The immediate cause of his death was heminoirhase producing congestion of the brain Tnls was the result of a wound in the forehead about an inch and a half in width which had been inflicted in-flicted by a sharp instrument George Betts who has the contract for erecting erect-ing the house near waich this homocide occur led testified substantially the same tis Mr Oliver He said that after the first difficulty in which Diamond was the aggressor and the men had gone back into the shup he heard forne one cry Hold hold and immediately he went into tie shop Scott was leaning against his bench and he said MY GOD HE HAS KILLED ME When the witness left the men before the assault 1 as-sault was made they were talking in a mannei which attructea hU attention and he feared a renewal of tae difficulty William HortOn and Benjamin Mason testified testi-fied to substantially the same facts This closed ths evidence for the prosecution and the defense o rsd no testimony Mr EichKor bncfly summed up the evdence nail aruoll that a clear case of felonious homo c th had been made out and he asked that de ftaiant be held to await the action of the grand juiy Judge Powers said that this was not a case of murder in either the tlrat or second degrees as the elements essential to those crimes were not I re sent There was co malice no lying in wait Manslaughter was the unlawful killing of a human being upon a sudden quarrel without malice Thai was this case The men had a quarrel and after becoming heated and excited entered into the shop where the quarrel was renewed and the blood had no time to cool before the fatal blow was tiruck The prosecution had simply made out a case of manslaughter and no jury could on the evidence find the defendant guilty of anything any-thing graver than manslaughter The only reason rea-son why he urged this upon the consideration of the court was that the bail might be fixed at a sm in accordance with the gravity of th olfense Mr Murphy replied briefly claiming that the prosecution had made out a case of murder the second degree Tudge Laney however differed with all the attoneys He thought the evidence made out r case of murder in the first degree and so held the defendant without bail Damoud waj shortly afterwards taken to the county jail |