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Show SENT BACK 'TO JAIL, Diamond to Await the Actios flf lie Brand inry. ,J" KE IS YIRY DESP05DE5T. Tfsllnony Tateual Ibr Preliminary Hearing Testcnlar. The preliminary examination Of William Diamond, charged with the killing of Ed. Scott, on Friday morning las in this city, on Kighlh' West between First and Second South streets, ws commenced "before "be-fore Judge Laney ycieruSy afternoon. after-noon. Judge Powers apiared for the defendant. The people were reprinted by altofueys Murphy and Kichuor. The accused murderer occupied a scat at thesidc ot Judge Powers and was pale and haggard. Tho following witnesses were then examined: W. . Oliver tcstlfled-I aiu a carpenter by oecuiution. I reside at. 537 west First Bouth Street, this city. I know thb defendant in this case, ar.-3 lha (ItCtaseJ. Mr. Diamond ontbemorningmentloned went to tho carpenter shop of Mr. iJetlz en Eighth Weil Street, and accused Scott of maliciously discharging dis-charging him from Belt z' "employ oa the cveniug before. Scott denied de-nied tho allegation. A scuffle ensued en-sued iu which Diamond wai the aggressive lrtr, liotli men fell to the, ground with Scott on lop. Much abusive language was resorted to on tlie part of Diamond. I informed the men that both of lbcm were mercbersof thet'Carpenters Union" aud that ruch conduct was unbe comlus; ttf them, and If tliey did not ccutb 1 siiould report them. After Scott hail allowed Diamond to regain re-gain his feet, the defendant still continued to abuse tho deceased, liut I tiually succeeded in quieting him. f co'.t entered the shop and was foliowe-J by Diamond. Tulnking that the quarrel was over I jald nu more attention to the matter until d. heard n irolec Iu tbe rocm where tlieti'ea VcreJ my su-plcions ttere aroused and I rushed towards theui. on entering the door I beheld Soitl leaning against the wall and rapidly suiting toward tbelluor; there was an uly gash abo vj his left eye from which the blood was spurting In all directions. Dbmc d was standing a few feet off with a blood-stilucd chisel In his baud. I said to liim, "My God, what made you do tliat?" He replied, "I did it Ililly, taku tii-chisel tii-chisel and kill me." Scclt scon after f.dnted, aud was taken up to n to Dr. Endria' office. Mr. Mason remained at tbe place loo';-Inunfter loo';-Inunfter Diamond until the rllicers arrived. to J u3ge Powers There wes no one in the shop at the time the fatal blow was struck, except the two men. My attention u attracted to tbe place by a srulllennd hearing some one say '-On." Diamond s tool chest was in thu shop, and there was a grind stone there tor the use of thecien. Dr. Eudris testified Edward Scott was brought to my olllce about 10:30 a. m., Deccmlier 12lh. Hodied Just thirty-five minutes later. The immediate cause of his death was hemmorrbaKe, producing congestion conges-tion of the brain. This was the result re-sult of a wound in the forehead, about an inch nndahalf In width, which had been indicted by a sharp iu-trumeuL Ucurge licttz, the contractor for whom Scott, was foreman, when tho homl.iJe occurred, testified substantially the same as Mr Oliver. He said c.er the first difficulty, lu which Diamond nas the aggressor, and the men had gone back into the shop, lie heard -oiueonecry "HoU, hoM,"aud immediately im-mediately he went into the shop. Scott was leaning against li:s bench, and said "My Uod, las has killed mi-." When the wituis? saw the men bsfore the, assault was made, tsey were talking in a niauuei ivl.ieh attracted his attention and he feared a renewal of thd dilllculty. Scott w3 very abusive. W. Uottou and llenjamin Mason were placed on tlie witucs stand their testimony was corroborative nf the te-tlmouy given by the previous pre-vious witnesses. rills clo-el tlie evidence for the proKeaitiou, and the defence offered no testimony. Jlr. Kichuor britlly summed up thu bxidiiin-, and argued that a clear case of felonlon-) homicide had been made oai, aud hu a-ked that di feudaiit b held to await the action ac-tion of iht grand jury. Judge Puwers said that this was not a case of murder in either tlie first orsveond digrees, as tho elements ele-ments essential lb these crimes were-not were-not prestnt. There-was no malice, no lyiug in wait. Manslaughter was tbe unlawful killlngof a humau being U,ou a sudden quarrel, without with-out malice. That Mas this case, rte men had a quarre,and atter lie-coming lie-coming heated and excited entered into the shop, ne-re tlie quarrel was renewed,and theblo-d had no time to cool before tlie fatal blow w siruik. The prcsecutlou had elm ply made out a can: of m inslaubter, and no Jury could, ouihe evidence, And the defendant guilty of anything any-thing graver than manslaughter. Mr. Murphy claimed tbatbeprose-t'ution tbatbeprose-t'ution hnd positively proven a case of murder iu tbe second degree. Judge J.ircy was of tbe opinion that the attorneys for the prosecution prosecu-tion aud defen e were all wrong in their conclusions. And furll.cr. lie said it sccnied to him to be a clear ease of murder in the rim degree. With this impression the Juugu ordered the accused bae-k to jail, who will le he d to await the nclJsii cf the grand jury. |