Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-10-06
ABE R~AND0LPH'S TRIAL.
FULL ACCOUNT OF YEsTERDAY's
PROCEEDINGS.

n opening Arguments OF COun.
sel-What Each Side Expects "a
show and Prove ia the Jury-A
Good Batch OF Witnesses Exam.
ined.
The attendance at Abe Randolph's trial
yesterday was very large. 1t was the third
day. The Court assembled at 10 o'clock,
Judge Rives presiding. AT the request OF
the District Attorney all witnesses, except
those testifying, were excluded from the
room.
The witnesses claimed by the prosecu-
tion were Thomas Robinson, James Kyle,
Peter Ryan, James Johns, Thomas Gillen,
DR.. Bean, Patsy Green and Anthony Cope
land.
On the part Of the defense Joe Very,
Robert Young, Richard Coombs, William
Jacka, Isaac Rosvear, John Thomas, Will
liam Brown, Simon Frazer, Daniel Weir,
Seth ~Longabaugh, John Laity, James
Tickle, James Jenkins, John Franchise,
Charles Mette, Charles Harris, M. d. Nc
Cuaig, Dennis Coyle. J. w. Richards, G. A.
Day, George w. Traverse and Thomas Hos
kins had been subpenaed.
District Attorney Davenport made the
opening address to the jury on behalf Of
the prosecution. He asked that body to
give the case a fair and impartial hearing,
and said that he would prove by witnesses
that defendant had killed Ryan, and that
the act was wilful and premeditated; also
that the evidence would be such as to JUS
tify a verdict Of guilty.
II. M. Beatty followed on behalf Of de-
PENDANT. Mr.. Beatty claimed to be able to
prove to the jury that Ryan had provoked
the quarrel, and that the shooting Of Ran
dolph was perfectly justifable under the
laws. No family scandal would be drawn
into the case, as he intended to avoid mat
tiers relating to tho domestic troubles Of
the defendant.
James Kyle was the first witness called
and sworn-Was on Ruby Hill the night
of the shooting; witnessed the fist fight
between deceased and accused; Randolph
came toward Kyle hunting for his hat, and
said, 81 have got q fight" witness said,
You have been looking for it all day."
accused replied, Eyes; and I shall stay
with it," accused then walked back to-
ward Bettes' saloon; heard Randolph call
for some one to take Ryan away; saw RAN
dolph raise a pistol; heard Randolph say,
you're a son at a - then prisoner
said, I'll take that back; you're the son Of
a good mother" he afterwards said.
"You are an interferer and separator"
Witness was then cross-examined, but
nothing Of Importance was developed.
Thomas Robinson sworn-Described the
meeting between the deceased and defend
ant after the fist fight; after the shot had
4 Anan G.nI 40 49, - A. ~~A.u 1900 L.
think Ryan shot, and told deponent SO;
had examined deceased after the shot and
found him wounded; accused had called
deceased ga damned interferer."
Patsy Green sworn-Heard Randolph
say to Ryan he would give him any kind
of q game he wanted; then went after de-
ceased's brother, and the. shooting occurred
while he was absent.
Anthony Copeland sworp-Heard Ran
dolph say before the shooting, If he
don't let mt be I'll fix him; see if I don't"
|. Thomas Gillen sworn - Was in Jim
Kyle's saloon on the night Of the shooting;
heard Randolph say some uncomplimen-
tary things about Ryan and threats to
whip him; Ryan came in shortly after, and
Randolph left; know nothing further.
DIR. Bean, being sworn, described the
wound, and said the deceased had ex-
pressed the wish to live long enough to be
revenged upon the man who shot him.
Recess.
Afternoon Session.
Mrs. Hartenstein sworn-Was stand
ing at the door OF her mothers dining
room saw the quarrel between defendant
and deceased saw Randolph running up
the street, with Ryan in pursuit Ran
dolph told deceased not to follow him or
be would shoot repeated this warning
twice, but Ryan appeared to take no heed
OF it Randolph then fred and Ryan fell.
In the cross-examination the witness
stated that Ryan was so drunk that he fell
before the shot was fired. In answer to
questions by Mr.. Baker witness stated
Ryan had stopped when warned to do 80
by Randolph ; Ryan had fallen some time
before, and not Immediately preceding
the shooting.
Frank Holmes sworn-Was at the pic
mic on the.day OF the shooting witnessed
a wrangle between defendant and deceased
on the train coming home helped to
separate them Randolph got upon a seat,
and, shaking his fist at Ryan, said You
dirty son OF Q -, I'll cook your goose
| before night.
Cross-examined-Could not say who else
heard the remark Ryan was very drunk
think George Dell and Simon Frazer were
standing near helped to separate them
several times.
The prosecution here rested.
THE E
John Francis sworn-Was tending bar
| at the Eldorado Saloon on Ruby Hill at
| the time of the shooting; had closed mp
because I expected a fight; Ryan's remarks
| led me to think so; heard Randolph make
use Of the expression spoken Of; Randolph
left the crowd, and said, keep away; I've
enough of this" Ryan followed Kim into
| Bette's saloon; Randolph told him to keep
away, and ran up street toward Mrs. Langs;
| thought from Ryan's position that he in
tended to shoot; heard the shot, and then
ran inside; heard Randolph say, keep
away; I'm armed" Ryan said. "Give it to
me; I'm ready"
Cross-examined-Was friendly to RAN
| dolph; had given what information he learn
| ed TO defendants attorney; Denny was very
drunk.
j. w. Richards sworn-Witnessed the
| difficulty between defendant and deceased;
| Ryan followed Randolph; Randolph sang
out to Ryan to keep away; they went into
Bette's saloon; Randolph had a pistol. and
| told Ryan not to come near him; in the
first fight Randolph let Ryan up, az some
one said he had enough.
John Laity sworn-I am acquainted
with Randolph, and was slightly acquaint-
ed with Ryan; was on Ruby Hill on the
18th Of June last; spent the evening at
Mr.. Pemberthy's; left there about 10 min
utes to 10 o'clock; came down the gulch
and walked into Mr.. Belts saloon. and
there met Ryan; he shook hands with mel
Randolph also shook hands with me-
asked them how they enjoyed themselves
at the picnic; they replied, First rate;'
heard Ryan ask Randolph to take a drink;
Randolph said, ~ would just as lieve
drink with you as any man | know OH.
they drank together; Ryan said, 81 wish
Won would come out, I would like to have a