Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-13
The Howard Murder Trial Tesfi-
mony Of Herman StriIIman.

and fourth nearly SO, twelve men were
found qualified to serve as jurors, and
were impaneled as jury to do Justice
between the negro homicide, jefferson
Howard. and the State of Nevada. The
names of these men upon whom so
much for good or for evil depends are as
follow c. Wagner, d. B. Shanklin, S.
W. Barnum, 5. A. Kingsbury, Ney
Churchman, I. Connor, Xiv. Phil
lips, j. NJ. Pierce, Francis Pierce, John
Fiomer, John Chisholm and j. L. Thomp-
son.
Geo. Goldthwaite, District Attorney,
and Henry Riyes, Assistant, appeared
for the State, and W. W. Bishop and J.
&. Foster conducted the defense.
Before the jury was sworn the defense
moved for permission to challenge s. w.
Barnum on account of his having formed
and expressed an unqualified opinion
and on account of his now having con-
yiction as to the guilt or innocence of
the defendant. The motion was over
ruled by the Court, and the defense ex-
cepted.
just as the jury was sworn the Court
room began to darken from the effects of
the storm described in another column.
In short time the rain splashed vio-
lently against the windows, and the noise
of the storm outside almost drowned the
voices of the speakers in the opening of
the trial. Many in the Courtroom
seemed uneasy, as if they thought the
beginning of the storm and of the trial
at the same time to be coincidence of
evil omen. We hope, however, that
their fears were groundless, and that
justice may be done.
Mr.. Rives opened the case with few
very appropriate remarks to the jury.
lie spoke of the prominent position
which these twelve men held in the eyes
not oply of this community, but of the
whole State of Nevada; he referred them
to the duty which they had to perform
duty which might be hard, but which
was necessary; and he asked them to do
justice, reminding them that the highest
justice is tempered with mercy. He also
| gave statement of facts which the pros.
e,ution intended to prove, to the effect
that Jefferson Howard, had wilfully and
unlawfully murdered Sheldon ID. Potter
Mr.. Bishop in behalf of the defendant
made a statement of facts which the
defense expected to prove, showing
that Howard had committed no crime,
but that the killing of Potter was jus.
tifable homicide; and he expected that
the jury would give a verdict in accord.
ance with the law and evidence pro.
duced
Herman Stillman, was then called to
the witness stand and testified as follows
On the evening of May s. 1873, | was
tending bar in saloon kept by Sheldon
d. Potter and Charley Obradovich, on
Meadow Valley street in this town,
county and State; the place was known
as Potter's saloon; knew Sheldon d.
Potter and Jefferson Howard; l saw JEFF.
terson Howard i'll Potter's saloon on tn
Sth day of May at 8 o o'clock in the even.
ing; Potter was in the saloon at the time
| saw trouble between the defendant and
Potter.
District Attorney.--State what led to
the disturbance and what you heard and
saw between them.
Witness.-Potter was playing cards
with two other gentlemen at a table in
the room; myself and three others were
playing cards at another table. There
was some disturbance in the house; they
We're skylarking. 1t was between two
colored men Cor more, perhaps be-
| tween Howard and another called Sam
my. They made kind of disturbance
| saw that Howard threw Sammy against
the door. Potter asked his partner who
was running that house. | saw Howard
go up i'll front OF the counter. talking
with Charley. l couldn't say what the,
were talking about. | saw Howard 90 to
the front door, come back to the end Of
the counter, where he made very BAD re-
marks against Potter. DistrictAttorney
state the remasks !; Howard said niggal
was good so long as he had money, but
when he had no money he Potter
kiched him out; he Howard made very
bad remarks; don't remember them;
saw Potter come i'll front of the counter
with pistol in his hand, and he said tc
Howard, "Now | want you to get out o.
this house or else ! will kill YOU"
saw Howard throw mp his hands; ht
went to the door and went out; when hi
went to the door Potter told him. Nov
| want you to never come in this houS,
any more" Potter came back to the
stove; there was another colored man thai
talked with Potter; | heard afterward,
that Potter said to him I" 1t is better thai
/ YOU 90 home; when he was outside the
door he called Potter II s. of n b.
this was Jimmy, another man); Potter
went back to the table and played cards
again. between 10 and &c minutes after
wards heard some noise as of chair ano
tables moving in the room; | looked W
looked to the door and saw Howard
standing in the door, his right hand or
the door, and in his left a pistol; saw
Potter by the side of the stove; then botl
commenced shooting; | think they shot
three or four times; | saw Potter staggel
and fall against the partition; went be
hind the bar and the first thing knew
Potter was dead. That's all know,
QUESTIONED BY DISTRICT ATTORNEY.
had been tending bar one month ant
two days. To juror To my hes
knowledge the shots were fired together
ITO District Attorney BY skylarkinI
| mean throwing each other down. How
ara was skyIaIhiuS WIN Little SAMMY
The noise of the skylarking disturbed m
; a good deal. When Potter spoke t
Charley, Howard and Sammy stoppe
skylarking, and did not begin again. H
then used bad language to Potter; l can
speak positively, but it was such Ian
: guase as s---of a b.. We arc oblige
to curtail this report. The cross-exami
nation and the redirect examination
/ elected nothing of great Importance ex
1 cept that on former occasion Potte
5 had said, or intimated to Howard that h
g did not wish him to patronize his sal
: DON.
Y The Court then requested that tn
: RECORD publish the fact that all the ju