Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-10-07
ace ANpoLpu.s TRIAL.

Fourth Day-The DefeudanssState
ment-The Case Given to the Jury
at /: r. M.-They Return a Yer
dict of " Not Guilty"
Yesterday marked the fourth day OF the
trial Of Abe Randolph for the killing Of
Denny Ryan. The Court met at 10 A. NJ,
Judge Rives on the bench. The usual
crowd Of spectators was in attendance.
and the interest in the proceedings con-
tinued undated. The defense resumed
by calling George Travis, Joseph Very,
Richard Coombs, VIM. Brown, VIM. Jocka,
Isaac Rosvear, John Thomas, James JON
kins, James Tickle, John Harris and
James bergman, whose testimony was in
substance corroborative OF that already
given in favor Of defendant.
Dan Weir sworn--Am a brother Of Mrs.
Randolph; warned Ryan from visiting
Mrs. Randolph, as everything was all right
between Randolph and his wife; said he
would kill Ryan if he visited her; Ryan
said II witness or anyone else persuaded
Mrs. Randolph TO go back to her husband
he would kill him: went to Eureka and
informed Randolph Of Ryan's threat. told
Randolph to ''heer" himself, as Ryan was
after him; did not go back to the Hill;
Ryan came to Randolph's house afterwards.
and asked for Mrs. Randolph's pictures;
he said he wanted them and would have
them.
Mr.. Baker, on the part of the prosecu-
ton, expressed his willingness to admit
that Randolph bore a good character pre-
vious to the shooting. This obviated the
necessity OF examining witnesses to that
effect.
John Fitzmorris sworn-Was on the
train coming from the picnic; went to
Ryan after the fight; his language was bad;
l told Ryan that il he did not stop his
loud and bad talk I would put him under
arrest.
Randolph then took the stand in
his own behalf - Knew Ryan; was
on the train from the picnic;
after the arrival of the train at
Ruby Hill went to my house to go to bed;
wanted to see Frazer about going to work
next day; went to Jim Kyle's saloon; took
o drink there; went to the water-closet;
saw Fraser when / came back; got a drink
for him and myself; sat down and talked
about the trouble on the cars; I called
Ryan q dirty cur, but nothing else; saw
two or three men coming into the saloon;
did not know Ryan was on the Hill; sup
posed him in town; walked down the
gulch with Frazer; went into Bette's sa-
loon, took a drink and a cigar, and stood
talking at the bar; Fraser was playing
cards, and I stood with my hand on his
shoulder; saw Ryan come in; anticipated
trouble on account Of the difficulty on the
train; / watched him, as l heard that he
was going for me when he got the chance;
was heeled all day; Ryan asked me to
take a drink; Ryan paid for the drinks; he
poured out a glassful of whisky,
but did not drink it; Ryan said,
2" Come out, Abe, I want to see
some conversation; Ryan said, You are
heeled !" I said, Eyes /; you can have any
game you want !" he said, "Give me the
best you have /; we then clinched and fell
together ; l hit him as hard as I could,
when some one said, "Abe, he has
enough !" I then let him up and he started
for me again ; I backed up the street. he
following me he caught up to me and
struck me in the breast 1t staggered me
and l then knocked him down after this
/ went into Bette's Saloon, and ran round
the pool table |; I then pulled my gun and
said, Denny. keep away or I will shoot !"
he said. "Shoot, you son Of o I'll
went outdoors ; went up the street Ryan
followed some one said, "Look out,
Abe !" I said, "Stop, or I will kill you =
he stopped for q moment, then advanced
toward me, and I shot him ; I supposed he
was heeled, seeing him fooling with
his clothing; I believed when I
fred the shot my life was in danger ; I
bought the pistol, because I was down town
on account Of family troubles; I met Dan
Weir, my wife's brother; he said. al have
had trouble on the Hill with Ryan; be
is going to go for you when he gets the
chance; Ryan says that you and Kate
shall never come together again." I wanted
to get my child anyhow, SO I bought the
pistol to protect myself; / and my broth
.er-in-law went to the Hill that night;
after Ryan came; he had some talk
me for two pictures of Kate; I said they
were pictures of my wife, and he could not
get them; after q few words Ryan left; I
carried the pistol after this when
of work; the testimony Of Frank Holmes
is rank perjury; we are not good friends;
I have always respected Mira. Ryan, a.
she is a good old lady.
Counsel for defense here rested his case.
Geo. W. Baker then made the opening
to the jury on the part OF the
prosecution. and at s o'clock the Court
took Q recess until Z in the evening.
When the Court reassembled r. NJ.
Beatty addressed the jury for the defense,
and District Attorney Davenport followed
for the prosecution, closing at Sis, when
Judge Rives charged the jury.
The Jury returned after an absence Of
about 90 minutes with q verdict of "Not
Guilty" 1t is stated that only two votes
were taken; the first stood, 10 for acquit.
tai and 2 for conviction; the second was