Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-06-30
NOT GUILTY."
ADOLPHE HERvE ACQUITTED
FOR KILLING TRIErsCHEL.

Young Mans Previous Good Char
acter-The Jury Renders q Verdict
fn Five Minutes.
The trial of Adolphe Herve for the kill
ing of Max Trietschel was resumed in the
District Court yesterday morning at 10
o'clock. From that time until the close
of the trial the Courtroom was crowded
with spectators. In the afternoon there
were many ladies in the gallery. There
was no delay in examining the witnesses,
and by IL O'Clock the testimony was all in.
The prosecution only called one more wit
ness and then rested the case.
Mrs. John Masterson sworn-Live next
to Bremenkampf's; know Hervo; knew de-
| ceased; saw the parties at the scene OF the
| difficultyson the 25th Of May last; recog-
nize many features of the Gene; was
standing in the back door Of my house;
first heard a noise in the soda house; went
to the soda house and looked through the
! door; saw the deceased bending over Bot
Jenkins who was on the floor; next saw de-
PENDANT coming around the soda house
with a pistol in his hand and some blood
on his mouth; next heard q shot and saw
| uClCuudLt IuluiuS WIN ACSOuoSd ~
him; stood in my door all the time while
this occurred; did not see Herve in the
| soda house when / looked in; saw him
first when coming down hill with a pistol
in his hand; heard OF no difficulty between
| deceased and defendant during the day;
when defendant fired the first shot he went
off the north side OF the stoop; don't know
how long the quarrel in the soda house
had been going on; heard the second shot
in about two or three minutes; saw the de-
| ceased running up back Of the saloon,
| afterwards saw him dead; did not zee de-
PENDANT running back.
Cross-examination - Did not see de-
ceased strike the defendant during the day.
Question Of whether deceased had
struck defendant at any other time was
objected to, and defense gave notice that
| they would use same witness for defense.
The prosecution here rested.
THE DEFENSE.
Mrs. John Masterson was recalled and
sworn. The question as to whether the
deceased had struck the defendant prior to
the day OF the shooting was again objected
to by Mr.. Davenport, and the question
was argued by counsel. The Court ruled
the question put. Exception taken.
Odd you hear Of the defendant
being threatened before the day of the
shooting? Objected to and ruled out.
Exception taken.
Henry Allen sworn-Remember the day
Of the shooting; saw defendant immedi-
ately after the shooting; was opposite the
Matamoras furnace; saw defendant COM
ing out OF the brewery; defendant met me
and asked me to go to the Sheriff's Office
with him; told him I didn't wan to have
anything to do with the matter: he said
there had been q difficulty; defendants face
was covered with blood; don't know
whether the blood was from his wi mouth
or not.
Sherman Dennis sworn-Know defend
ant by sight; knew deceased by sight; re-
member the day Of the shooting, 25th Of
May; was coming over the hill and heard
q row in the soda house; couldn't see any
of the parties; saw some women outside
in the street; coming over the brow of the
hill, saw defendant coming out of the o
house; his face was covered with blood;
defendant went up the hill toward some
cabins; the row continued in the soda
house; then noticed defendant coming out
of q cabin, with q pistol. which he put in
his hip pocket; believe he was running or
walking fast; deceased came out of soda
house and stood on the stoop before the
door; Bremenkampf was present, and
nobrrA Ienkina~stoed between tho door
and q wagon; defendant came up aud
stood near by; deceased turned around
and struck defendant and knocked him
down; deceased then knocked Jenkins
down; Jenkins on getting up crawled into
tho soda factory; deceased followed Jen-
kins into the soda house; afterwards the
parties came out Of the soda house; did
not see the first shot fred; my attention
MA Ira un knaarI tha ~ xvho xvara
greatly excited.
Cross-examined-Had q clear and dis
tinct view from where I stood; the distance
was about 80 feet; heard the conversation
that occurred outside Of the soda house;
did not hear defendant say anything until
after the deceased had knocked him over
the ladder; think / heard defendant say
something like They amt whip me" TO
Brcmenkampf, prior TO his being struck;
defendant ran from his cabin to the soda
house; when he left the cabin he had the
pistol in his hand; when he neared the
soda house he put it in his pocket; as he
neared the soda house deceased came out
of it.
Mrs. Fred. Olsen sworn-Live in vicin-
ity of Bremenkampf's; remember the
shooting on May Is; saw defendant just
before the shooting; heard defendant say
ut WAS yOuuS ytts saw QcCtAsSu btElhc uiiu
on the cheek, which brought blood from
his mouth; they were in 'front.' of the soda
house; was in the yard; did not see the
shooting.
Gus. Lipskey sworn-Am q blacksmith;
my shop is north OF Bremenkampf's saloon;
was in the shop when the shooting on the
25th Of May occurred; did not see the first
shot; saw the second; when it was fired the
parties were running around q wagon; de-
PENDANT turned partially round and fired
quickly; they were about four feet apart;
was about IS feet from them when the shot
was fired; tho deceased staggered q little,
and then continued to pursue the defend
ant; I lest sight Of them then for q time;
saw defendant afterward running up Main
street.
Counsel for defendant then offered to
prove by witness that the deceased had
threatened defendant. Objected to and
ruled out. Exception taken.
Joseph Dejou sworn-Know defendant;
have known him about five years; know
his reputation to have been good. Cross
examined-Have not heard of his drawing
a pistol or being disorderly in saloons.
Counsel for defendant asked to have this
| portion Of the testimony stricken out, the
question eliciting it being specific. Objec-
| ton overruled.
A. E. Shannon sworn-Have known de-
PENDANT three years; know his character to
be good; have never heard his character
Z, discussed.
Hank Knight sworn-HAve known de-
PENDANT since 1876; have not heard any,
thing against his being q peaceable and
quiet young man.
A. A. Andre sworn-Have known de-
PENDANT four OF five years; have met him
frequently in Wells, Fargo q Co. . express
Office; rave not heard anything against his
peace and quietness.
Pete Knight sworn Have known de-
PENDANT three or four years; know nothing
against his reputation.