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Show RAYMOND'S Bklh." It ll Hied ky toe Cort at Tirrnty Thonsand Dellari, Judge Zane satin the Third Dls-Irlct Dls-Irlct Court tills morning and heard the application of Judge Powers for admittance to ball of Frank Raymond, Ray-mond, who la awaiting tho action of the grand Jury on a charge of murder! mur-der! I g Mickey O'Brien. The prose-cution prose-cution was represented by Assistant United States District Attorney Cri tdi low and County Attorney Murphy. It will be remembered tint, a week ago, the defefldut's counsel presented certain affidavits to Judge Zine on wlilcii he based his application applica-tion for Ilavmond'J release but after af-ter hearing Mr. Varfau and Mr Murphy, his Honor held that before giving his decision in tlie nutter the eye-witnesses to the tragedy named in such affidavits must attend at-tend before him and Le examined on oath. Judge Powers railed Frank ICel-ley, ICel-ley, who was lu Raymond Jt Johnson's John-son's saloon at the time of tlie tragedy. liu detailed the circumstances circum-stances lending up to the trouble, as already stated lutheevijero before the police magistrate. During a wrangle arising out of a game of pool O'Brien, the deceased, used objectionable language towards a man named Morrisey and another Raymond said to him ''Those are friends and customers of mine; let them alone to taku rare of themselves; them-selves; 1 will not have them abused." O'Brhn became nnrfrv an J snapped his fingers in Riy. inond'fl face. Hani words follow etl. Raymond said to'l'Hrleu, "Mickey, you should not taiKUkc that to me; 1 have been more like a bruther tu you than a frlen I." O'Brien made use of nn irriUtlng expression, struck O'Brien, knocked him down, and then threw a glass at him. Witness next heard shots fired, but did not actually see the weapon discharged. He was In Itaymond's employ at the timo of tho shooting. To Mr. CrltcMow witness said that Raymond did not strike back when O'Brien hit him. He did not see a revolver in Raymond's hand until tho shots were flreJ. When the revolver was discharged Raymond Ray-mond was on tho ground. Wituess denied that either of the three shots was fired before Ihtt'scuBle and the throwing of theglas?. Charles B. RlmmeU, bar tender to Messrs. Johnson A Raymond at the saloon In question at the time of tlie tragedy, corroborated In tho main the testimony Of the list witness ln regard to the dMurlianco therv. O'Brien Interfered .unnecessarily with two of tho customers and Raymond reutin'tratcd with him. O'Brien then called- Raymond "a piii' anl "a coward," and said that If he was wortli slapping he would strike him: lUymoud told him not to talk like that to one who had been more like, a brotlitrto hlmthann friend. 0'Brienslapt.ed him several times, tlieil raised tils hand and threw sonuthlcg at him. The broken pieces of a glass wero afterwards picked up ou thu llxir. O'ilrieii, Who was Intoxicated, had hold of the other man by tho neck, and knocked him down. O'Brien kept following Raymond up as he sLipred him in the fate, while the latter was receding. O'Brien fell after the third shot,, To Mr. Critchlow Tho revolver was usually kept in a drawer behind be-hind the bar. Jtaymond was not near the drawer whe3 tlie glass was thrown at him aud ho fell. Tne revolver was lu his possession at that lime, lie could i;ct have reached It out of thu drawer from where he lay. Morgan Itowlands, an employe vt Raymond and Juhnxon, said he was serving behind tbe salcon bar on the night of tlie tragedy, when O'Brien Logan to interfere between Morrlfsey and his companion. com-panion. Rjynioud said to bin', ".Mkkey, tha-o ceutlt-meu are wrangling between themselves aud you must leave then alone." O'Brien "got hot" aud began to use some rather hard words towards Riymotid, 'j!ng among other things that ho was 'not worth slapping." Hesnapped his Augers in ltiymond's fact: eeerl times, ilaymoud was then standing behind tho bar and O'Brien in front of It. O'lliien told Jlaymond that he could whin him or any man ln his employ, witness jumped over the counter and went outside thu premises premis-es when the disturbance bail gone on for some time. As he left the bar hu heard three shots fired; between the first and the other ta-o reports there was a short uuse. O'Brien was Intoxicated; witness had served him with "all of tvt thedrlukk" that day. Cross examined" lto ran out of tho salooil becatiso lie hail often heard thatO'Bricii was ''very ugly" when drunk. He did not see a pistol In R-iymond's hand. George Binder gave cvldenco as to O'Brien slapping Raymond In thu face and 'udug irritating language langu-age towanls lilra; but he did not see the shots fired,- having Just before be-fore left the room. Another witness 'named XelfcoD, who was in the saloon on tho night of the occurrence, also testified as to O'Brien's Interference with Morrisey Mor-risey nnd his companion during the dispute. He sxw O'Brien go icslde tbo bar and strike Ilaymoud twice. He also bad hold or him by the throat; Raymond fell to the floor. Threo shots were soan afiermrdb fired; Raymond threw the rcvulvcr over the counter an J witness picked I: up. In cross-examination tliuwitnesj said be heard lttymond tell O'Brien that he was the proprietor of the saloon, and was quite capable of runuing it hlm'elf. Some men lit the saloon, whom hodil not know, had threatened since the tragedy to 'hit id ni In the mouth" rur what he had already testified ln thii case. Charles Reamer staled tint when O'llricn, referring to Morrisey and his companion, said "Let them fight," Rtymond remirked, "They are olJ friends, old-tlmirs. aud do not want to flgliL" O'Brien le-sati le-sati to tell wliat ho could do I the matter of fighting Raymond, or anybody conucctvd, with him. Ho saw O'Brien throw his lantern at Raymond. The rattling of bottles followed; witness thought there was golnc to baa "bottle-fight" and rushed out; at this moment shots were fired. F. W. Hrennan was called by Judge Powers to speak as to the generally waccable cliaracter of the deceased; also tho quarrelsome UstJ ture of O'Brien when under thu iirj fliience ofdrlnk. sc . . .' tV theintroduction of si c'i evidence a: being beyond tlie scorjcofllie n-fsuiii Inmtln- Yt?litrfi lif nil f WAS simply to obtain the evidence of eye-witnesses to the trajredy. Judge Zanc ruled In favor of Mr. Critchlow 's .contention, and the witness left the stand. Peter McCarthy testified that he heard O'Britn tell Raymond that he was a better man than him (Raymond), (Ray-mond), or any s of a b that ever n orked for him. He was net present pres-ent during the trouble which followed. fol-lowed. This was all tho additional evidence evi-dence put in by Judge Powers, who then read over the testimony taken before Justice Lauey, the committing commit-ting mastbtrate. JudgHZane, after hearlnc counsel, ma lean order admitting ILiiuond to ball in the sum of sa.010, the bonds to bo approved, by Commls sloner Greeninan. |
