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Show IUYMO.WS BAIL. It Is Fixed j the Court at Twenty Tlionsand Uollin. Judge Zane sat In the Third District Dis-trict Court.thIs morning and heard the application of Judge rowers tor admittance to bail of Frank .Raymond, .Ray-mond, who is awaiting tho action of tho grand jury on a charge of mur-derlrg mur-derlrg Mickey O'Brien. The prosecution prose-cution was represented by Assistant United States District Attorney Critcblow and County Attorney Murphy.' It will ba remembered that, a week ago, the defendant's counsel presented certain affidavits to Judge Zs.ne on which tie based his application applica-tion for Raymond's, release; hut after af-ter hearing Mr. Varlau aud Mr Murphy, his Honor held that before giving his decision in tho miller th ivn.w Itucttfcs to the traifedv named in such affidavits must attend at-tend before him and be examined on oath. J uJge Powers called Frauk ICei-ley, ICei-ley, who was in itaymond Jr. Johnson's John-son's saloon at the time of the tragedy. He detailed the clrtum-stances clrtum-stances tending up to the trouble, as already stated in theevidcnoi before the ioIice magistrate. During a wrangle arising out of a game of pool O'Brien, the deceased, used objectlonible language towards a man named Morrlsey and another Raymond said lo htm 'Those are friends and customers of mtuc; let them alone to take care of themselves; them-selves; I will not have thtni abused." O'Brien became angry aud snapped his llugvra in Riy. mond's face. Hard words followed. Raymond paidtaO'Brtcn, "Mickey, you ebould not tattr like' that to nif I h.TJrcu more like a brother to you than a friend." O'Brien made use of an irritating expression, struck O'Brien, knocked him down, and then threw a glass at him. Witness next heard shots fired, hut did not actually see the weapon discharged. He was In Raymond's employ at the time of the shoo tins;. To Mr. Crltchlow witness said that Raymond did not strike back when O'Brien hit him. He did not see a revolver lu Raymond's hand until the shots "were fireJ. When the revolver was discharged Raymond Ray-mond was on the ground. Witness denied that either of the three shots was fired befote the ecu file and the throwing of theglasy. Charles B. RImmell, bar tender to Messrs. Jolinon & Raymond at tlie saloon in question at the time of the tragedy, corroborated in the main the testimony or the list witness In regard to the di-turbance there. O'Brien Interfered uutieccssarlly with two of the customers and Raymond remon'tratisl with him. O'Brien then called Raymond "a lip" aui "a coward," anj said that if he was worth slapping ho would strike him. Raymond told him not to talk like that to one who had been more like a brother to him than a friend.- O'Brien slaptied him several times, then raised his hand and threw something at him. Thp broken pieces of a glass were afterwards picked up on the flaor. O'Btien, who was intoxicated, had hold of the other man by tlie neck, and knocked him down. O'Brien kept following Raymond, up as he slapped him in the face, while the tatter was receding. O'Brien fell after the third shot. - To Mr. Crltchlow The revolver was usually kept in a drawer behind be-hind the bar. Raymond was not near the drawer when tiie glass was -thrown at him aud ho fell. Tho revolver was iu his possession at tint time. He could not have reached it out of the drawer from where he lay. Morgan Rowlands, an employe cf Raymond Hid Johtuon, said he was tervlng behind the saloon bar oil the night of tlie tragedy, when O'Brien began to interfere between Morrissey and his companion. com-panion. Raymond said to hlni, "Mitkey, tho-o gentlemen nf wrangling between themselves ?M you must leave them nlotaK" O'Brien "got hot" and began to use some rather hard words towards Riyinoud, Riy lug amoug other tilings that he was "not wcrth slapping." Hesnapped his tlngtrs in Rij mond's f.110 urtral times. Raymond was IIi-nLsnWiisWlilml tiin bar aud O'Brien ill front of It. O'ilrlen told Raymond that he cjuld whip him or any man lu his employ. Witness jumped over the countcrand went outside the premises premis-es when the disturbance had gone on for some time. As he left the bar be heard tli rce shots fired; between the first and the other to reports there was a short pau'o. O'Brien was Intoxicated; witness had seived him with "all of twelve drinks" that day. Cross examined Ho ran out of tho saloon becausu be had often heard that O'Brien was "very ugly" when drunk. He did not see a pistol In Raymond's bind. George Binder gave evidence as to O'Brien slapping Raymond in the face and using Irritating language langu-age towards him; but ho did not see the shots fired, having Ju-t before be-fore left the room. Another witness named Xcilson, who was In tlie saloon on the night of the occurrence, also testified as to O'Brien's Interference with Morrlsey Mor-rlsey and his companion during the dispute. Hu ssw O'Brien go inside the bar and strike Raymond twice. He also had hold of him by the throat: Raymond fell to the lloor. Three shoM wore .soon Afterwards fired; Raymond threw the revolver over tho counter and witness picked it up. Iu cross-examination the witness said he heard Raymond tell O'Brien that he was the proprietor of the saloon, nud Was quite capable of running it himself. Some men In the saloon, whom hedil not know, had threatened since the tragedy to "hit him In tho mouth" for what he had already testified in tliii case. Charles Bcamer stated that when O'ltrien, referring to Morrisey and his companion, said "Let them fight," Raymond remarked, "They are old friends, old-timers, and do not want to fight." O'Brien lie-gan lie-gan to tell what ho could do is the matter of fighting Raymond, or anybody connected with him. He saw O'Brien throw his lantern at Raymond. The'rattllng of bottles followed; witness thought there was goltig to bo a "bottle-fight" and rushed out; at this moment shots were fired. F. W. Brennan was called by Judge Towers to speak as to the generally peaceable character of the deceased; also the quarrelsome nature na-ture or O'Brien when under the Influence In-fluence of drink. Mr. Crltchlow, however, oljected tithe introduction of sic'i evidence as belli it beyond the fcoieofthe present inquiry, which, he sal J, was simply to obtain the evidence or eyo-wltnesses to tho tragedy. Judge Zane ruled In favor or Mr. Crltchlow'a contention, nml the witness left tlie stand. l'eter Mcf 'atlhy tctlfled that lie heard O'Brien tell Raymond that he was a better man than him ( Raymond), Ray-mond), or any s of a b that ever worked for him. He was not present pres-ent during the trouble which followed. fol-lowed. This was all the additional evidence evi-dence put in by Judge Powers, who then ied over the testimony taken before Justice lauey, the committing commit-ting mapis'rate. Judge Zane, after hea rlngcounscl, made au order ndmiltliu: Raymond to isiil in tho sum of $-0,000, the bonds to be api roved by Comniis-1. Comniis-1. loner Greonnian. |
