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Show H'SPADDEN IS BOUND OVER Cfnr,. McSpaibleu- n colori-d man, charged with laving ommi't.-i an assault as-sault with a deadly weapon on G.-.TL-e I.. Morten-ion, hamate ma-t.r at the I'ninn depot, was tlven his pr.diiain-riry pr.diiain-riry to arltit; In polh c urt this morr,-uz morr,-uz and w.ik bound over to the .Jl-trbt court. Bond was hed at $'."i. McSpadden cl.i!ir.. Salt l.al e a; bis h"fne, iind Ut the time of th-- alleged assault wa on 111', wav to Roek Sprint-5. Wyo This was on the n!c;ht of (j.to'ier 17 and He- colored man lal stopped of for S'-veral hours In this city. When he w.-m to the depot to take a train north he was considerably consid-erably under the Influence f,f alcohol. Mortcn.son. on the wPncs M.md. Ha'.-d that McSpadden had checked some baitnRe .ir,,j WJH tlven check- for the same. The colored man left tho bat'taf room, but returned a In . 1 1 1 twenty minutes lab r and claimed that he had receive) no checks for his b.j rente. O E. Swanon, the? man who had checked the colored man's lupcace told hlni that he had nol only I tlven him the clocks, but that, nolle. lne his Intoxlcati'.l condition. had j varm-d hltn to bo caretul Je.st he lose j them. McSpadden Insisted that no j .hocks had been chfn him and II rial- ly became vo abusive In hi lancuace that the barbate master thn atenecl ! let call an officer aDd have him ejected from the room. The colored man re"t)tcd this threat by drawlnt a tun Irom his pocket and utiiklnR Mortens-m In the fuco with It. Tho pun which McSpadden McSpad-den unci was an antique weapon. iosi-slbly iosi-slbly a half century old. yet in Its Hntle chamber there was a cartrld of thirty-two calibre size. When tho batLcatenian was uruck by tho un he returned the blow with hU list and. ii the colored man reeled, vpranij upon him and Ixire lilni to the floor. Pavld Poulware. O. E Swanson anl Charles E. Clements, employes at the depot, ru'hed to the batt'aL'oman's fild and the colored man was soon a lielplep captive. In the tlMte lie. ilnopped th- revolver, which was pick c-d up by Poulware ajid turned over to Oftlcer Vance, who took McSpadden lo the city prison. Poulware. Swanson and Cb-menta each .substantiated the story told by MortensoD. Tho attorney who defended McSpadden, McSpad-den, lu his plea endeavored to show th c-urt that the revolver which tlo colored man unci c ould not be termed (j deadly weapon because of ;.s antiquated anti-quated doflt-n and Its rather dilapidate, dilapi-date, 1 condition. On this Ground lie ai ked that the action against the colored col-ored man b cllsmlssed Judge J. I). Murphy declined to entertain the do-f. do-f. ndlng counter motion and Mated that tho ate or d-sitn of the gun did i.ot take It out of tho category of deadly dead-ly weapons. |