Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1878-08-01
THE CIFARTz MURDER CASE.


lon, James Downing, W. NJ. Leggett, NJ.
Dayids, Paul Dullum, L. J. Burns, p. J.
Kennedy, William T. Miller and C. F.
Eardley. Upon securing a jury the Court
took a recess until half-past two o'clock,
when upon Resembling the indictment
was read to the jury by the Clerk Of the
Court, after which District Attorney Mer-
rill stated the case when the trial began,
the prosecution introducing Hugh Jaquish,
who testified as follows;
Was present at the international Hotel
on the evening OF the 10th OF June: was
acquainted with Edward Kicker; do not
know Chartz: saw Kicker get down from
the bus on that evening; was waiting for
him; he stepped on the PLATFORM; then
turned and talked TO Chartz; Kicker was
| facing down the street; | heard Chartz say,
mo, we will haveit out right here" when
Kicker pulled off his coat and
threw it at my feet. He turned
around with his hands in front Of him; at
that moment the shot was fired and be fell
on the platform, saying that he was killed.
| stopped to raise him, when some person
said give it to him again" Kicker said l
will die for | am pafalyzed. We then car
ried him into the house. | saw the wound;
il was near the lsft shoulder; Kicker had
no weapon in his hand at the time Of the
shooting. Chartz was from four TO six feet
distant at the time the shot was fired.
Kicker stood with his hands down, and
Chartz raised his hand from his side and
fired.
Cross-examined-One shot was fired.
Chartz said. mo, We will settle it right
here" Kicker faced down the street before
the shooting; / do not know whether any
person interfered to prevent Chartz from
again shooting.
DIR. A. C. Bishop sworn: Am a practice
ing physician; was called to see Edward
Kicker at the time he was shot: found a
gun-shot wound under left shoulder, rang
ing towards the spine; he died from the
effects of that wound.
DIR. Owens sworn Held a ~post-meTtem
examination on the body of Edward Kicker.
The ball had entered tho loft sboulder.
passed through the lung, and struck and
cut the spinal cord, causing paralysis;
I'm sure the wound caused his death.
Cross-exarincd-Dr Dr.. Owens described
the relative positions Of Chartz and Kicker
at the vine of the shooting, from the range
Of the ball.
Charles Beilmore sworn. / knew hr.
Kicker was at the hotel on the evening Of
the shooting saw Kicker take off his coat !;
saw him raise one Of his rms, when | heard
a shot and heard some person say twice,
: Give it to him again." ! assisted to re-
move his clothes he asked me to rub his
legs, as they were cold cannot say who
fired the shot, but saw the flash.
The cross-examination elected nothing
Of interest.
Re-direct.-I saw Chartz early that even
ing in company with one McEwens en- the
street in front Of the international Hotel,
engaged in conversation,
Charles Hart sworn: Was acquainted
with Kicker; saw him and Chartz at the
hotel on the night Of the shooting; saw
Kicker taking off his coat; heard him make
the remark, mo, we will setile it here
Chartz was standing five or six feet dis
tant; saw him fire a pistol, and saw Rick
er fall; after Chartz had dom the shooting
he walked to the middle of the street and
stood a short time, M walked with Chas.
Davis up the street, when both started on
a run; | then went for DR.. Bishop; saw
nothing in Mr.. Ricktr's hands; saw his
coat fall from his hands.
Cross-examinel-The only thing I heard
was, Kicker said; mo, we will settle il
right here; was near him at the time.
John Murphy sworn: Knew Kicker and
also Chartz; vas at the hotel on the night
of the shooting; heard Ricaer say: "Al.
did you receive my notet" Chortz replied:
s'Ycs.N Kicker asked: What are you GO
ing to do about it2' Chartz replied:
LET us 20 to the Office and we will settle
it," Kicker said: 1--WE will settle it right
here" and took off his coat, when | heard
a shot fired by Chartz; Ricker's coat laid
on the platform, and be lay beside il;
assisted TO take him in the house; saw no
weapon in his hands.
Cross-examinod-I have stated all |
know on that occasion. | saw the flash of
the shot; Chartz walked to the middle Of
the street after the conversation.
Charles b. Stuart sworn: Am acquain-
ted with Chartz; on the day OF the shoot
ing he came into my place OF business and
wanted to borrow a pistol; ] asked him
what for, when he said he had received a
letter from Kicker, calling him "a crooked
leg s-of-a-b, and when he met hin he
would churn him, and that he wanted a
pistol, as when he met him he would take
no chances, and said that Kicker was no
good man to have trouble with; / told him
l would not loan him a pistol.
Cross-examined-Chartz stated that
there vas no reason for Kicker to send him
such a letter.
Joseph Nelson sworn: Shows a pistol,
which was handed him at the Sheriff.
Office on the night Of the shooting; given
him by Chas. Davis. There is one shot
out Of it.
The prosecution here closed their evil
dence with the understanding that they
might introduce other witnesses during the
trial.
TESTIMONY FOR II DEFENSE.
Mr.. Bishop opened the case, showing his
line Of defense, referring to the letter sent
by Kicker to Chartz, and the conversation
between them upon their meeting at the
time of the shooting, claiming the act to be
justiiable on the part of Chartz. His
| statement OF the case was earnest and elo-
quent.
ALT. Chartz sworn: I am defendant in
this case when / met Kicker we conversed
regarding a note sent me by Kicker on the
10th, which / found on my table in the
Republican office. THE letter was shown,
and recognized by the witness as the ono
sent him. Upon meeting Kicker on the
evening in question, | walked towards him
and asked him if he wanted to see me he
replied, You received my note, didn't
your" said, yes" He replied, sWell.
it all goes, every word of it, and yon can
have satisfaction in any way you want il"
| said, 'All right step out ! and | turned
my back and walked at least six steps
toward the middle Of the street, Kicker say
ing, ''We will settle it right here, my back
being still towards him | turned sudden
ly round and shot saw him fall, when /
turned to the middle Of the street and
walked up the street with Charles Davis l
then ran towards the Jail | believed my
life in danger at the time l shot at Kicker,
he (Ricker) saying You can have s~atisfac-
ton in any way you wan it," l never had
any difficulty before with Kicker; my
reason for going to the hotel on that even
ing was to see the arrivals Kicker was
very angry when he said 1t all goes"
The letter received by Chartz from Kicker
was here introduced and read, and filed as
evidence. / expected that Kicker would
shoot at me as soon MS [ turned facing him.