Show i1 KIbb Sgo It Did Not Death of Kern MEDICAL TESTIMONY Judge Bartch Grinds on the Law and Motion Calendar The Registration Injunction Case Set for Wednesday Augusta Anderson Gives Bonds in the Sum ef S100 and I Released Minor Courts In the Third district yesterday morning morn-ing with Chief Justice Zane presiding was commenced the trial of Charles Arnup the 17yearold boy who was indicted in-dicted for the killing of the Chinaman Wong Quong Kem Assistant District Attorney Howat and exDistrict Attorney Attor-ney Varian appeared for the prosecution and the defense was represented by Judge Powers and Attorneys W C Reilly and J H Harris The defense appears so far as the case has gone to contend that the wound in liicted by the stone thrown by Am up was not the cause of his death but that a gangrenous sore on the left arm was the direct cause of his demise and whether or not the wound from the stone produced pro-duced death that the missile was thrown in selfdefense it being alleged that the Chinaman ran at Arnup with an open knife THE DEAD CELESTIAL was about sixty years of ago and earned a livelihood by going around with a wagon peddling vegetables On the 3d of July last he was making his usual daily rounds and when on Third South j street near the corner of Ninth East the defendant and some companions began to tease him Such is the allegation of the prosecution I is also claimed that they then followed the Chinaman and began to flip stones at him as he drove on east He got out of the wagon Arnup picked up a large rock and hurled it at the deceased I struck him a heavy blow on the left side of the head near the ear knocking him down and causing the blood to flow I He got up washed the blood from the wound and was able to drive down town i when he saw a doctor and the injury was attended to TUB Chinaman died however I how-ever on the 6th of July the third day after the occurrence and the defendants i arrest followed Among the first witnesses called was a lad named George Shepherd who testi fed to having seen Arnup throw stones but he could not say whether he did so after the Chinaman alighted from his wagon He understood the defendant to remark that he would kill all the Chi namen who came that way That was shortly after the fatal blow had been struck While Shepherd who is about 13 years oldtold a very intelligent clear and straightforward story counsel brought out several answers favorable to the accused TIM LING a Celestial examined by Mr Varian Were you acquainted with the deceased Chinaman Kem Iya Did you see him after his death i Yes WhereAt Where-At his garden near the R G W depotHowald How old was he About 6 Were you present when his corpse was exhumed Yes Crossexamined by Mr Harris Do you belong to the Six Companies Yes lam their agent here Are there any other agents here but youYes Yes How often did you see him after he was hurt until he died Once WhereOn Where-On his wagon on Commercial street I talked with him and saw blood on his ear I went with him to the city hall to inform the officers By ilr Varian When did you next see Kern after you left him at the city hallAbout About three days afterwards at his garden and he was then dead Doctors Benedict and A K Smith were the next witnesses called but neither of I them were present and bench warrants I were ordered issued Directly Dr Smith came in but Dr Benedict was not found during the afternoon he being engaged ou an important medical call DR A K SMITH was examined by Mr Varian 4 Did you see professionally Kem the Chinaman who died Yes Didyou examine him Yes When did yon next see him 1 In Plum alley on Thursday What condition was he in then Dying 1 What was he dying from Suffocation Caused by what Pressure From what Blood from a wound on the neck Did you find the causeof death Yes I would say it was from blood getting into the chest and lungs from a wound on the neck which severed a blood vessel When I first saw him there was no swelling or anything to indicate that a blood vessel had been ruptured or cut it When you saw him again how was There was a large swelling on the neck Crossexamined by Mr Harris WereJ yon at the post mortem examination ex-amination Yes How was the post mortem con ducted By dissection but decomposition had gone so far that we could not make a thorough examination but we concluded that the posterior auricular vein was un doubtedly cut Could the posterior auricular vein distribute enough blood in two and a half days to produce the symptoms which were present dont think it would alone Did you notice any wound on the left armNo his arms seemed all right I I there was a wound on the arm would it have been likely to cause the swelling on the neck and other symptoms which were present NOWhy Why did you not examine the arm There was no attention called to it and nothing to indicate there was any thing the matter with the arm Is it true that you only made the examination ex-amination of the one wound so that you could certify the cause of death as this case had been laid out for you It is not true but I can say that death was caused by extravasation of blood caused by the severing of the auricular au-ricular vein Would septcal poisoning cause the symptoms you observed No S Did yau receive any remuneration for attending the inquest No I was present merely as a spectator specta-tor in an interesting case Were you promised any remuneration for testifying here No Do you expectany I do not In the absence of Dr Benedict the prosecution rested until the doctor can be found today and THE DEFENSE COMMENCED by putting Dr Sharpe on the stand who testified that he had visited the China man and had noticed H gangrenous sore on one of his arms and also the swelling on the neck He considered the sore onl i I 1 rr i J i the arm wu the more dangerous of the two wounds DR h HAL thought the examination made at the inquest in-quest was not sufficient to establish the cause of death and the wound on the arm was as likely to have caused it as the one on the neck which had been indicted by the stone At 530 oclock the court adjourned until this morning when the case will be proceeded with Short Orders < Other business was transacted by Judge Zane as follows folOvs Ed Jeffs vs Rio Grande Western Railway Rail-way company motion for a new trial overruled J J Montague vs George McCarroll j statement on appeal settled by consent Patten vs G F Culmer et al continued con-tinued by consent |