Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-06-29

AdOIphe Hervc ON Trial for thc
Killing of Max Trietschel.


killing of Max TrietscheI.
The case Of Adolphe Herve. for The kill
ing Of Max Trietschel, in the rear Of
B~remenkampf 5 saloon in the lower part
OF town, in May last, was called in the
District Court at 10 o'clock yesterday,
Judge Rives presiding. The day was
partly consumed in ~impaneling . jury.
and it was 4 O'Clock P. NJ. when the follow
ing peers were sworn in: Hank Knerr,
p. p. Canavan, p. N. Hansen, Jacob Har-
ris, John Erickson, j. B. Ayres. A. T.
Trofetter, i. ]. Wilson. Henry Ratcliff,
John Bailey. Jas. G. Douglas and Godfrey
REVERE. District Attorney w. H. Daven-
port conducted the prosecution, and w.
w. Bishop and Robt. Beatty the defense.
The prisoner appeared in Court in a c
suit Of clothes, and sat between his coun-
sci, looking somewhat depressed in spirits,
but watched the proceedings of impaneling
the jury with considerable interest, occa-
s~ionally communicating some information
about a juror to his attorneys. The Dis
trict Attorney made the opening argument
in behalf Of the State, and was followed
by Mr.. Bishop for the defense.
A. D. Rock was the first witness called.
lie testified to the correctness of the map
which is being used as a diagram Of the
scene where the shooting INC killing took
place.
Jacob Thierkauf sworn = Knew Max
Trietschel; know the defendant; before
the shooting occurred was in the Brewery
Saloon; saw the difficulty; stood in the
rear door; the deceased and another man
were rolling barrels in front of the brew
cry; afterward the deceased went into the
soda factory where Bob Jenkins and
Adolph Herve we're working; q little
difficulty occurred in the factory, and
the men came out the defendant
ran up to his cabin Q little dis
lance off and procured q pistol; jenkins
and the deceased stepped on to a little
stoop, where Max Trietschel struck and
knocked Jenkins over; Mr.. Bremenkampf
came UP by this time and asked what the
trouble was about, putting a hand on de-
ceased's shoulder; Herve came up and fired
a shot in close proximity to the deceased;
deceased turned round hastily and re-
marked, 1.-THE d. ---- is shoot
ing at me-" he then started after the de-
PENDANT, and ran round the corner OF the
saloon. and disappeared from sight; shortly
after another shot was fired, and Herve
came running around the corner again,
the deceased following; the deceased cried
out to stop defendant, ran q few steps fur
Their while in sight and fell, dying in . few
moments; didn't see him strike defendant;
didn't hear any words between them. On
the cross-examination by Mr.. Beatty, wit
ness said deceased was standing in front Of
the brewery, facing Jenkins, Bremenkampf
alongside, with one hand on deceased's
shoulder, when defendant fired the first
shot; defendant was about Is feet of when
the shot was fired; deceased's back was
was turned; couldn't tell whether the bull
let ranged upward or whether it struck the
wall in a straight line; when defendant
came from his cabin he had his pistol
about half drawn from his pocket.
The Court here took a recess until 7:30
in the evening.
EVENING SESSION.
NJ. M. johnson sworn-Know the de-
PENDANT; witnessed the shooting; was on
the mountain directly opposite where the
shooting took place; recognize the defend
ant as one Of the parties to the shoot
ing; my attention was called to the affair
by u woman's scream; saw q crowd Of five
or six men between the saloon md the
brewery; saw q knock down, and q few
minutes after another; then saw defendant
coming round the corner of the soda house
and fire a shot; saw defendant running
down between the buildings with a man
after him; hen they got around the cor
ner the defendant fired another shot at the
man who was pursuing him; the man fell,
but got up and ran after defendant; the
defendant fired while running, turning
round quickly; recognized the defendant
distinctly.
Cross examined-Was about 500 yards
off; recognized defendant by his general
appearance, his gait and stoop shoulders;
did not hear the report; saw the flash; did
not see anybody strike defendant; the first
l saw Of defendant was coming round the
soda house; when the second shot was fired
the parties were about four feet apart; the
man who was shot ran back to the place
where the first shot was fired; shortly af-
terward saw defendant running up Main
street.
At this juncture Mr.. Davenport called
upon Judge Rives to be sworn for the
prosecution. Mr.. Bishop objected, but at
terward waived the objection.
Judge Rives sworn-Was with Mr.. john
son on the day of the shooting; screaming
attracted our attention; did not recognize
the defendant; Jaw a small crowd in front
OF the brewery; saw a large man push
q small man twice: small man stag |
gered and fell; afterward saw another
Young man come around the corner OF
the soda house and fire q shot into q crowd
OF three or four, not more than four; this
Young man, no doubt the defendant. then
ran down between the buildings and
around the corner OF the saloon, pursued
by the deceased, when the defendant fred
another shot; the defendant continued to
run; deceased followed him; afterwards
saw defendant trot;ing up Main street.
w. H. Remington sworn-Remember
the shooting; recognize the defendant;
was present with Judge Rives and NJ. NJ.
johnson on day of shooting; saw one man
push o smaller one; then saw defendant
coming around the corner and fire a shot;
defendant then ran down between the
buildings and around the corner, when
defendant fred another shot, turning half
way round while running; the deceased
wayered and was about to fall, but re-
covered and ran after defendant.
Mrs. Dremenkampf sworn-Know de-
PENDANT; knew deceased; saw the difficulty
ON the 25th of May; was in my kitchen;
heard some loud talk; rushed out; heard
deceased say to Jenkins, al will never
give Won a lob again." jenkins replied, II
never asked you for a job" then deceased
pushed Hcrve against a wagon; he then
turned and pushed Jenkins against the
wagon; then they got into the soda house.
and had q little controversy; then called
for my husband, who came out; all the
parties came out OF the factory and stood
upon the stoop. when q shot was fired, did
not see who fired the shot; didn't hear the
second shot; was very much excited; didn't
see defendant after deceased pushed him
against the wagon; saw deceased after be
was dead.
Mr.. Bremenkampf sworn-Remember
the shooting; deceased and Anton Eckor
were employed rolling barrels; deceased
told me that "if any asks
me for q job again. I will knock him
down." some words then passed between
deceased and Jenkins; made an effort to
settle the difficulty, and while We were