Show THE CASE 0 hotly con contested bestel in commissioner fla fet chers court coart on monday TWO Dir DIFFERENT FERENT STORIES are arc told as to who was the aggressor the jury find for the prosecution in ili the llie coltrin gay battery case tried before coin commissioner fietcher on oil monday tile the evidence of the witnesses tor for the prosecution was diametrically opposed in all of its essential features to that of the witnesses for the defense mr M r gay was the first witness put on oil the stand lie ile stated in substance that lio lie came to logan horn hom spanish Span igli fork on the afternoon of tile the day upon which tile the battery occurred rill anil went at once to the rei residence dence of sir mr blugh adams ho came to login logan principally for the purpose of bebing his wife and children in ill tile lie evening lie he arid and mr adams went A ent do down n to the hotel and tor for the reason that lie ile was as a stranger strang ger and bashful 11 in e asked adams to no go on oil in and ask aek lit lna s daughter to come out and talk to him thai thatA Adams llanis the llie house by it bick back door and alter after some time into appeared le accompanied by jays daughter and a ai other 3 bung lady lie ile then offered his to liis daughter who ullo refused to take it at abo gibout at this time coltrin rip ip feared and cordei ordered ea hi liim air liis his premises premi acs at the same tune time pushing him ay day iy said enid lie did not corneto come to have any trouble only wished to speak to his daughter at llie same little linio lie went out on oil tile coltrin thru then went in tile houte house but came out again in about a minute arid and fagain interrupted the llie con by making an insulting jo ao wark witness then said lie did not lot think coltrin hail bail any right to interfere with liim jim when ile he wag nas talking to his daughter anti and at ibis juncture coltrin Col trill struck him and knocked liim him across the ditch on ins its buck back and folios following hig up the attack struck jim him blows while lie be was sas in that aliat position ind and was wao only prevented pre Tented from doing jim more serious injury by tho the fact that thai lie held Coltri coltrine Coltrin ns 8 ri right lit hand in the both of liis his own until assistance v arrived for which Adair was iwas calling when lie rose three of his teeth were knocked out his hia nosef was broken and his lip attended to by y aim had not used insulting insul tin 11 i or abusive ian language to otria and h in fact given him birn no provocation tion I 1 hush adams waa calle rHe said that lie went lent to ii or and enquired luiree fur for miss sarah gay AI liss iss Swoney Swane ville met him and told flit 1 that sarah G gay 1 kv was not there bat ift b hen a n asked fo for r mr coltrin who wh oia eat wili roan the llie office and met him in tile mr adams after some conVersa conversation tiou again enquired for sarah Gay a Aland k in coltrin told liim him tha by writs thele adams then tolda tho I 1 lot t lie ile wished to bieak to of d lors courin coltrin told him bim lie could ell ki t 0 th girl in the parlor or dinin r 1 could not take tier her out ains said si id that it was another person vi who he wished i hed to ape speak to her and coltrin said it roust must be W IL it gay when informed 1 that it oas lie ile said that the gill ill could 0 go o if she wished ii but lie mould iii not allow jay on liis his premises the girl then asked miss lowane to go 0 will aith her nud and they were followed a minute later by coltrin in ili all main particulars of tile the assault liis jig evidence agreed with that of gay himself liim self with the addition that collien not jelv only struck gay t twice ice after lie ho knocked him do down n but also alo struck liim him twice more when lie be was lising to ins his feet and only desisted resisted des isted from his attack when hen pulled off by himself and mr aniio came out of the hotel lihen lie heard the row this testified that jay had used no profane or threatening la language mr zebedee coltrin the defendant wag next examined vp to the time they went outside his big evidence agreed with that of sir mr adams after that it differed aldel idely coltrin said lie ordered gay liis his premises anti and gay said lie ile boull stand where lie d pleased but finally went onto the sidewalk 1 heich be econ continued linued the conversation with I 1 his daughter ile ho asked ii hy sho lie refused to shake hands lith liim him also if ile he had bad not been a good father to tier her and if lie had bad not written affectionate atele loiters to tier her tile the girl then told liim him tint that ile he had bad at one time knocked her mother down ehtee times timea turing during tho the course of a quarrel that he entered their house bouse accompanied by bv three able bodied men ind and after asking tier her mother if she ehe was ready to move took the dishes off tile the table lied esith the dinner that had been prapai ed and threw them out of t boora door sand and afterward took their stove ind and bedding away leaving leav iiii them to sleep on oil tile floor without cover she then hen naked asked tier her father if that was what nhat lie ho called kind treatment Coil coltrin trin then said yes that wits ans hn hii kind fatherly treatment tient and gay tod to d him to shut his hia d ingulli ino ulli the gill then told guy cray that his affect affectionate ionato letter enters 4 ne illier fed or clothed tier her and it if it hail had not becci ln cai tor for tier her uncle zeb the family might have starved gay then anid list that lie he coltrin hail had braided with still him film for ten tell years arid coltrin replied that lie had bad lut that gay received payment in ili full for it coltrin claimed that gay then called him a d liar it the banac time op opening ellin his coat with one hands hand and I 1 apparently for a revolver in ins ills hip pocket etli with tile other cochin fearing that gay was about to shoots shoot jumped for fori laid and struck him knocking him down and struck him ti twice ice after lie homas uns down lie file alien 1 held eld min him until moffat and a man named murray armed The Theovide evidence ghen pian by mifu swancy ville and mies mae iti liay ay corroborated corroborate I tile the evidence evid enco given by coltrin as to what i hat ma was said ind and done ra lay Y also and that her father had draw n i a knife on oil a man libo lio endeavored to prevent him it from orn striking her ber mother sir moffatt testified that he be heard the girl irl scream and v lien lie lie came out mr adams dalls sI yelling for help to prevent coltrin Coltri ii from killila kil killins lill gay say IT raw no blow and lien sen lie went nent to catch hold of coltrin collrin toll told him he did not wi wish 11 to Q strike hayany more but lie wanted I to hold him jim ns as he had it a gun and ivas goina to shoot him they all ment ant over by the alio build lin in tw together ether coltrin still hobling ho liling gay day and 1 I moffatt MotTi itt holding onto both of them when they reached the house coliten asked that dav be searched but day af pf prevented afe 1 it by leaning against tile side of alie ill building 1 ll 11 until lie nas taken arti aay by adams gay denied having a gun gun Mui M ni rays evidence coincided with ill eliat given of lat ily illy it the e only question rii estion to be determined by bv if hie so jury W was it 1 a s to to whether coltrin had y reasonable ea C cause 11 ise ind and did tear fear that gay was going to shoot him or ebether he be had no 1 0 cause to fear but had dimply determined to give gay a severe whipping chip ping for foe having whipped liis his sister which bich i would be ample justification in fact but but not in law the jury hoard heard tile the evidence which we have ende endeavored avore to give tle main features of fiapai impartially tia ir and found a verdict against the defendant A motion for a anew new nial 11 it le argued today to day at 10 am |