Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1874-06-24
NEIr.DEfENSE No CRIME.
Napshaly Discharged From Arrest
Satisfaction at the RcsaIt.
1Erom rho san Francisco Alta. II St.

-Su iSfNrttOh nj ttuc bkcsb1t.
lrrom the San Francisco Alta, 2lstl
The Police Court was again crowded
Yesterday morning hy persons inter
0sted in the issue of the exann-
atiOn of b. +. \apthaly on charge of
attempting to murder Charles De
Young on Tuesday last. DE Young
was present, with his counsel, charles
Bnn Darwin. Prosecuting Attorney
Batchelder conducted the prasecu-
ton. Napthalv's counsel. George W.
Tyler. did not put in an appearance.
1apthalv informed the Court that the
absence of counsel need not n;erterc
with the progress of the case, as he
felt competent To defend himself under
the circumstances. The examination
was then proceeded with.
More Evi Icncc.
Thos. Ryan,to procure whose attend
Ance the case had been adjourned on
Friday. was the first witness called.
He testified that he did not know the
defendant himself. but witnessed the
shooting on Tuesday; he was within
ten feet of Napthaly when the first
shot was fired; Napthaly wore a
heavy overcoat; and fired the first
shot while facing Washington street:
De Young WAS then standing behind
the lanp-ro>t.
Napthaly cross-eNamined Ryan at
considerable length. when he stated
that he first told Il police officer hat he
witnessed the shooting; he WAS not ac-
Qllain:cd with DE YOUNG. and had no
conversation with him about this case.
In reply to repeated questions, witness
said all le knew about the ease was
that Nap;hdly fired the first shot: none
of the tHroHicic men had convcrscd
with him since the atlrav; and he
swOre positively that he had not
spoken To Oscar +. Shuck, a hroRjcl"
reporter. abuu; the case thiS morning.
Witness admitted that he had been
brought up in the Police Court several
times, and had been held to answer be
fore the Municipal Court on ? charge of
assault. Hyan's testimony was elicit
cd with great difficulty, and was cN-
tremely vague, except when asked
who fired The first shot. and then
he wotld reply, Nar;haly fired the
first shot. anl that is all know about
the case" lie seemed to be i'll Il con-
dition of partial inebrcty.
Oscar T. Shuck. Il thfDaic'c reporter.
testified that he had Il conversation
with Ryan and another man outside
the Court room, this morning. i'll rel, H.
cnce to the whereabouts OF Witness
named GilcriSt. Witness then asked
Ryan what he knew about the ease.
and he stated thai Napthalv fired the
first shot. Mr.. Shuck stated the De
YOungs and their attorney, Air. bar
win, had requested him to see Ryan
and find ont what he knew.
FLORENCE O'\eil was called on behalf
OF the prosecution. He testified that
he Knew Napthaly. and remembered
the shooting; did not see who fired the
1lrst shot: saw no pistol with the de-
fendant. and has had no conversation
with him since the shooting.
The Prosecuting Attorney proceeded
to question the Witness as to whether
or not he heard \ap;halv make any
threats against De Noanr, when Nap
thaly objected To- Such a course ot eN-
animation an | was sustained 10y the
Court.
Thomas Ryan WAS recalled, and tcS-
titled that Shuck aroused him from
bed last evening To supuna him ~ 4
witness. Witness, said he had 10 con-
versation with Shucl>. but afcrwarl
stated that Shuck did not subpoena
him, but aanlc i'll company with an
officer. Shuck spoke to him. but he
did not reply. Witness n first >worc
positively that he never had amy con-
versatiou wi,h Shuck this morning.
but upon being pressed admitted ilat
he did have a talk with S!iuch. lie
had taken about forty drinks that day.
hut the ChIoHje'c had not paid for
them. He did not visit the ChFoHtGC
Office las, evening.
Michael Fcnner testified that he
knew Napthaly. but had not seen him
recently. Never heard him make any
threat against he De louurS.
Officer supple WAS called for the de
tense, and testified iha, on TIL >dar AT
ternOon Thomas Ryan met him on
Polk street. Ryan spoke of some
boys who were continually ANNOYING
him, and then told the witness he had
seen the shooting on Washing on
street. At this time isyan m1de no
mention of who fired the first ~het.
Napil.niy rs ~ Lawyer.
Napthally then made an address -
the Court. claimu" that he should be
discharged from custody, a> the cNi-
dence had clearly shown that he had
done no more than defend himself
from the murlerauS attack Of De
Young. lie claimed that il i> a rerog-
Nized canon of the law that every man
has right to defend himself. lie re-
viewed The testimony, ana tpntfa>ttu
that of the boy NeWhall, straia ahtior-
ward and emphatic, with that of Ryan,
whom he described aS u drunken.
hurly sol. whose evidence WAS a na>~
Of contradictions. He asserted :hat
when he fired he believed his life WAS
in danger, he Young having already
fired at him; and he claimed his dis
charge from arrest.
Nnpihaiy EisciIHr.ci.
As soon a. \ap:haly closed his adj
dress, Judge loudorlack, without com
ment, ordered his discharge.
The crowd broke into applause,
which was promptly suppressed.
Many persons crowded about Nap
thaly, congratulatin@ and shaking
hands with him. Napthaly. of course
was quite clatcd; he Young turned
pale. and seemed disappointed. The
parties soon made their WAY out OF
Court. and 50 ended this chapter III
the drama. De Young i Al large ni
the surety of \. J. BRYANT and 1. NJ
Haley. Ills ease Nil come before the
next Grand Jury; ana after the report
Of that body, Will doubtless come 10 1
speedy trial.
TIE EEONN ToL,yslItS.
II