| Show MINERS a I 1 somber number Tia mined fd in iii the gruen case 11 is 13 FEZ 01 FOR THE he dots sot not differ from those fur for prosecution except as 1111 to john job a darner hamer a can the griffin casenas case was resumed yesterday the first witness being befog llyrne aenderson Ue who ho fee testified t fled on behalf of defence as to remarks he heard elwood maden aladen make at the oilen ogden club after the killing of john hamer in lie Ife said sald it might have been ten days or two weeks after the homicide he be bettan began that tirade without anybody tailing talking to him I 1 did not regent it nor deny it nor do I 1 think I 1 said yes or no it never occurred to me again till judge called my attention to it a week ago maden waa was reading of 0 this transaction and it was in connect connection io n with it that ha be mada made these remarks he be spoke bitterly against it and paid it if johnny ramer had not got that probably he be maden would I 1 do not recollect hia his spying it was cold blooded be said if it flamer had not not got it that be he Maden probably would the fact that it it occurred in his bouse was his reason for speaking of it and he admitted that ha he had probably gone g ne further than he ought dr perkins wn won examined by judge II enderson and testified al a to the measurement of griffins he ile eald I 1 had occasion to see G rialla on the forenoon of the next day after th the a affray being the ad of august probably thirty hours after tile shooting X found him in bed with a dress dressing i ng a ap ip vied phe 1 over his wound dr powers and linB wife and I 1 think a deputy depot Y were there thee abe e were two gun shot wounds one was just to the right of the middle linein line in front below the ribs the other in the soft ribs on the right elde side near the haunch brunch bone it bad not come in contact with a bone the wounds did not indicate which waa was the exit or the entrance the shortest di ameter of both wounds was as about three eights of an inch the measurements wera were os as correct as could be taken I 1 have made calculations as to 4 what calibre of bullet would correspond ond with the wounds I 1 found that a 38 calibre was slightly tees fees than throe three eighths of an inch I 1 have not ex a 41 44 or 45 calibre bullet upon cross examination by L R rhodes he testified matter of routine i measurements are not confined to ante mortem or post mortem cases but it is done eve r there ia to homicidal indications I 1 I 1 was w as called as a consulting physician this wound bad been dressed a and ad had received a surgeons care iwas I 1 was there some fifteen or t twenty enty minutes I 1 was waa called simply aa as a the measurement 0 of the wound ha had 04 nothing to do with the recovery of the patient I 1 I 1 went there at dr powers request nest I 1 measured the wound of john job n llam ersome some twelve or fifteen hours after the shooting g he lie had been dead some four or five hours I 1 do not say I 1 can determine absolutely the eiza size of the bullet as it depends upon many antecedent candit conditions dit ions A r rifled fled gun will make a larger wound than a smooth bore gun run the eize size also depends upon the quantity of powder and velocity of the ball there were no powder marks no indications of the distance there was nothing to show that the hamer wound was at ciche dig distance tance the greater the resistance of clothing or other obstacles the less he the velocity there is no material change in the alze size of the wound in in a dead and livio living body there would be a all slight bours ht granulated appearance I 1 la thirty hours tune time griffin was quite full fall and ali flashy aby over the abdominal region the tendency of the wound ia to to contract contraction ia the flesh y parts the wound was oval and it would make no material dif difference farence whether the wound was measured from the inside or outside griffin was lying on his life back or eliab fly at toward bis his left eide side be he was lying loose or natural in the bod bed it w would auld make no difference whether his file knees were up or down he was lying straight in the bed as natural as could I 1 be Q would it have made any difference T A if he be had been twisted up or his bowels bent or folded it would have made a difference I 1 measured the bullet with reference to abia case if the temperature were hot bot the change comes q quicker bicker to a deceased person there was no chanze in 11 hamers amers wound from what I 1 saw w before death hamera ilamerle condition I 1 was not such as to justify me in disturbing him while alive I 1 think he bad had not been laid oat out by an undertaker when the measurements were made there was no indication of the death rigor in the wounds of hamer at t the he time tho the measurement was made mad e hut but it appeared in the tile extremities a I 1 was acting in U rif fins casa case in my own interest at no ones so ivits ion tin Q you dont undertake to eay say as ab a physician fillian fil cian as to the measurements of tal the body of griffin without any evidence aa as to the place received or the distance or character of the cartridge used that it waa was produce dby a thirty eight cartridge 7 defendants counsel object objected eI hat that it was not proper cross examination the objection was overruled and the t defendant excepted A no sir air continuing the tile witness sid said I 1 introduced nothing I 1 into a to the wound in griffins case it if the bullet was fired with great rapidity the wound Is apt to be contracted and if with lees legs rapidity it is apt to be larger I 1 do to not undertake to eay say that I 1 can tell the exact size of wound without finding the bullet on redirect re direct examination the witness stated that the eiza size of the ball bati was not the only indication of the eize of the wound but hat that the velocity at and I 1 d proximity has has much to do with it A A 38 8 calibre ball could not independently make as big a wound as a grape shot both men were stout with frape large arge fleshy abdomens the indications were that they had both been in good health tf if the wounds were made made at some distance there waa was no indication that the flame same sized missile would make d dearent sized woun wounds oam the short diameter of the wound would ba be the came same whether it entered obliquely or at right angle I 1 exam I 1 lied aed authorities in mr 1 vans office at life request I 1 did not pee any book in judge henderdon Hen derBon s office I 1 I 1 suppose lie had books the fact that the death rigor had reached blamers Ha caera extremities bad had no effect upon the wound even if it had reached the wound there would have been no difference chief of police metcalf was called bisto aa to the general reputation of jc john ihn hamer judge II enderson asked i Q in august augost last and prior to bla his death do you know what was jo john tin general reputation for being I 1 I 1 1116 I 1 S A f a gly and quarrelsome 0 or 0 otherwise 10 under hp the influence Of liquor ir for the objected and cited botha 1 fee to tain his premises the CT objection overruled and atness was A I 1 can state a what answered it waa with the police force aate outside of that I 1 cannot on Y the 1 he question was asked again and ho answered yd that ha he did know Q what wag was it A ile was q quarrelsome when under the tile Di lOnce of liquor Q state what his general deputa tion n on wag was while under the influence of 0 liquor as to the use of fire arms 0 objected to and the wi question w was a I 1 rawn and the following as ked quests n Q what bat wa was ua his general potion fi as to carrying using or attempting to use ilse firearms when he was intoxicated 7 objected to by the prosecution and authorities cited by judge bonderson Ho Ilo for or the defence the question tion wag was modified b by striking oot out the words attempting to nae and the court allowed to answer dr powers a physician testified I 1 was called a very few minutes after the shooting and Ru ethe farat Phy physician siLian there made examination then of ill bis wounds the doctor de do scribed ascribed the wounds practically as dr perkins hal te testified 1 to oc th the upper wound fractured some of tha the ribs the lower one struck no bones they were sere a little short of tour four eights of an inch in the emal smallest leAt diameter the shortness being heing hardly pe perceptible I 1 also called on griffin though I 1 had refused to eo go until he gent sent for me two t wo or three tunas I 1 auld c uld not determine whether it entered in front or back hese wounds indicated that one bullet ballet bad had made both wounds he short diameter vas was three eights of an inch them thern waa was not nothing hing in the condition of the two dpn that would indicate the i probability rob abilitY that the same sized mi missile Ss e would make diffie rent bezad wounds upon these men I 1 ba have urn bad ad eap exp alence with gun shot wounds in this town and 1 in the be army on croaa cross examination by mr varian be said he was d detailed by the surgeon as an fin assistant sia at in to tha the army studied in the office of a physician in iowa and attended lectures in the iowa university I 1 never radiated graduated the witness mentioned works he had read on gunshot coundi stated that be he had treated perhaps more than twenty cases of gunshot wounds in sixteen years in this city in the most of which the wounds were measured in the case of hamer the measurement of the wound was made by dr perkins perkin after the rigor of death had taken effice arecton on the whole body and I 1 examined the tape to note the measurement I 1 usually make the measurement in cases of mortal wounds my impression was that wound was very serious I 1 expected dr perkins to come and and if he ile had not come I 1 should have male the measurement I 1 did nol not consider it a mortal wound I 1 did not think ha he would die dr perkina suggested the measurement if any difference the measured measurement nt was abort short of three and in blamers ila ners case it was probably short of four eighths but in either case the shortness mag aa hadly the cross ex examination of dr rowers was resumed at 2 in the afternoon iio ile eaid said I 1 thick the wounds on blamer might have been made by either a forty four or forty five but there is very little difference in the two vi was handed two pistol cartridges one forty four aad arld the other a forty five and asked if it there was a difference in the lizs of the two he ile answered that it was bis his judgment that one was wag larger than the other though the difference was wag alig slight b ta anil and barely perceptible I 1 could not accurately measure with a tape line a conical shaped bullet Q it difficult to measure any gunshot wound in a human body dead or alive with a tape line A to get the actual measurement Q yes A it is difficult but bat not so difficult as measuring a conical bullet A gunshot wound cannot be measured with accuracy with a tape line on the preliminary examination I 1 did not testify that the spine was pushed up through that is a mistake and a very ridiculous one I 1 said spleen prosecution offered the transcript in evidence for the purpose of showing this error and for the purpose 0 of showing the rapheil a mistakes for he the latter purpose the defAn dauts counsel objected and the objection was sustained the cross examination then went into the measurement of the upper wound in the body of blamer at the point of exit n aich witness eaid said was BO so torn that it was not measured witness was asked to measure tha the butt end of a 38 which proved to be barely perceptibly bibly leis than three of percer an inch rich ha lie sail sale that the usual method of measuring in g a gun in shot wound was with tape line cligh though he lie thought call calipers perg would be the more accurate method then th en a 41 cartridge was measured and proved to ba be four eighths of an inch on redirect examination witness eaid said habad he bad been city physician for six years and was a in member a m bar of the un united gears ed states board of examining physicians on pension being shown n the 41 aun ran and the 38 33 gun he noticed the diff difference irence in the sizes and being as asked k ed to state which one made the w wound 0 ind upon griffen ln provided the tile wound wag was m made fi de with either of those guns be he eald said it must mast have benn baen made with the as 3 jur evans then esea essa ed to further cross examine the witness and mr brown objected to 0 changing counsel and the objection being sustained mr varian asked the witness if he could discover any differ nee by eye in the sz 1 of the holes in a 45 and the 41 cylinder and be replied that he thought so but was not eure sure john metcalf was recalled and was asked the question as to john ila mera merld reputation tor for carrying and using firearms fir earma when intoxicated Aft after ersome some more sparring between counsel and citing of authorities upon objection made by the prosecution the court said at thia this time I 1 think the objection may be sustained and the defence excepted witness was asked na as to an an iso case and the question was not permitted then the c question tu estion was asked as to bla his reputation for carry carrying in firearms the court sustained the 0 objection to this on the ground that it is not shown that it was communicated to the tile defendant and the question as to li hamers amers reputation as to the use nee of firearms in brawls brawl and ind af frays and the same objection being made mado was sustained the defence then made this offer of proof live W e off offer air to prove that john itamar bad the general reputation at the time and prior to his death of 0 being quarrelsome vindictive and ugly when intoxicated and of being in the tile habit 0 of carrying drawing and I 1 I 1 at least to nee use firearms fir earma upon a aa ver earleS in brawls and affrays when intoxicated the objection of 0 prosecution to the tile ti time me of offering this proof wa was sua aus t talked a ined and it will coma come up again in proper order charles tumor turner was called and said I 1 did not tell golden that hamer said 1 I am fixed for or him I 1 did not tell him I 1 fired over pre bar a and ind that I 1 did not riot know who fired the first shot Q have yon you been seen the t two wo fl prisoners 0 e ral in a tho tb clerks office 7 A t saw 11 them t h hobos I 1 believe one on is golden but I 1 do not know the other Q dd yon have a talk with the 0 other ther A no he la not worthy of a conversation with mev me though I 1 am aa As low down aa as I 1 can be I 1 did not tell him that I 1 did nut think I 1 shot griffin and that I 1 did not eee see the first shot I 1 did not tell golden I 1 wanted a bund band in the shooting william golden wag waa called and testified that turner had bad told him the things referred to in in turners examination he ile eald said on cross croas exa egami in I 1 nation that be was an architect architectural oral draftsman and that be he was not a thief and crook was in russia to eee see the country not for health not a globe trotter but have been in many countries in europe and america sometimes staid a week in a place in russia I 1 staid lenaer herein here vace a your tiwa I 1 had bad only one conversation in which I 1 told him what turner had eaid said griffin would not tell me about his ills case joseph powers a convict bervi serving log a term tor for attempted robbery I 1 0 e filled fied that turner had told him that he h e did not eee see the first shot fired as bis his back waa was turned firmed aa al at renshaw was called he ile stated I 1 have lived in oden ogden a year and a half halt made griffins Grif fina acquaintance a vear ago last february went to work for lor madan in starch march last year and quit in |
