Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-06-30

turned around and grabbed for me; 1 ran
down around the saloon, deceased after
me; l then thought my life was in danger,
and fred at deceased while running; after
| shooting I ran up Main street; met Henry
| Allen, and wanted him to go with me to
| the Shcrif's Office, but he refused; then
ran up into Dumas saloon, and went into
a little back room to wash tine blood from
my face; while there some one came in and
| said the man was dead, and asked me to
run; I left by the back door and ran mp
through the town; got over on the hills ON
the west side, and secreted myself behind
a rock; heard some pistol shots and
thought the officers were after me; l re-
manned there till nearly midnight; then
came to town for q while and afterward re-
turned to my hiding place; next day 1
came in and gave myself up.
Cross-examined = Do not remember
whether the cabin was locked when / went
for the pistol; went for the pistol because
/ thought my life was in danger; deceased
struck me six or eight times before | went
for the pistol; had no other quarrel with
deceased that day; drew the pistol first at
the stoop; met deceased at the water tank,
where he struck me again and knocked me
over q ladder; I then sat on the ladder for
about two minutes; think / had the pistol
in both hands when it vent of; stood
about ten feet from the stoop when the
pistol went off. In answer to q question
from q Juror, witness said he was 20 years
Of age, going on 81.
Redirect = Jailer F~itzmaurice. Under
Sheriff Mason and w. w. Bishop ex-
amined my month when l was brought to
Jail.
Jailer Fitzmaurice sworn Know de-
PENDANT; found defendants upper lip cut
when he was brought to jail, and mi
tooth loose.
James Mason sworn-Am Under Sheriff
OF this county; examined defendants
mouth when he was brought to prison:
found his lip cut and swollen and one
tooth displaced and loose.
Counsel for defense here rested the case.
A recess was then taken from 1890 to
Q p. NJ. to allow the jury to go and ex-
anime the scene where the shooting oc-
Cured.
THE ARGUMENTS.
On the reassembling OF the Court at 2
o'clock, District Attorney Davenport led
off with q preliminary argument for the
prosecution. and spoke for forty minutes.
Mr.. Beatty followed for the defense with
q 50-minute review Of the evidence, and
he in turn was followed by his brother
counsel, Judge Bishop. who made Q few
remarks on the law in such cases. The
District Attorney closed the case at half
past 4 o'clock. and the Court proceeded to
address the jury. The charge was alengthy
one and very explicit. and was highly
commended by the legal fraternity. The
jury had scarcely been out five minutes.
when the foreman notified the Sheriff that
they had agreed upon a verdict. The
Court was reconvened and the jury's YER
dict was found to be MOI guilty."
The prisoner was then discharged and
Immediately surrounded by friends and
acquaintance, who pressed forward past
the railing and shook him warmly by the
hand. Among the crowd were several
jurors. who also took him by the hand and
gave it o cordial shake. One of these re-
marked: "Young man, don't be caught
in another scrape like,this." The French
portion Of our population wore particu-
larry pleased with the youths acquittal,
and expressed a high regard for the efforts
Of his counsel in his behalf.