Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-11-11
THE EXAMINATION.

derson, took place in Justice Harmon's
Court yesterday, Baker and Wines appear
ing for the defendant, and District Attor-
ney Davenport for the State. After hear
ing all the testimony given below, Justice
| Harmon ordered the release of the defend
ant, who, in his opinion, had acted upon
the principle that self preservation is the
| first law of human nature, and was guilty
of no crime under the law:
TESTIMONY OF O. b. BIDwELL.
I was acquainted with J. E. Anderson,
but not intimately. Am acquainted with
Mr.. Reek about the same. My name
is G. B. Bidwell; reside in Eureka; am a
salesman with p: N. Hansen; am 40 years
of age. l heard the shooting between j..
E. Anderson and defendant, and saw part
Of it. l was standing i'll the doorway OF
Joe Mendes' saloon, engaged in converse
ton with Mr.. Longabaugh. l was looking
towards the Parker House. l heard a shot;
1 turned my head to the right to see from
| whence it came. l saw Mr.. Reek with his
pistol partially raised, or raised, with
smoke coming from the mouth of it. I'M
mediately in front Of Mr.. Reek was a man
whom l did not recognize. l did not notice
Mr.. Anderson for a m or two after l
had observed Mr.. Reek. When did notice
| him he was not over twelve feet, and per-
| haps not over six or seven feet, from the
two men. 1 could not see Mr.. Anderson's
hands at first, owing to the position of the
two men, who stood between me and him
partially. 1t appeared that there was q
struggle going on between Anderson and
Reek to keep the third man between them.
L saw Mr.. Anderson fire once, and perhaps
twice, L WON be certain of that, when
Mr.. Reek started to run, looking back as
he ran southwesterly across the street, and
l started across the street after him. He
and l reached the sidewalk at the same in
slant. He stopped and looked down the
street, and SO did l. Three or our men,
perhaps more, had hold Of Anderson at
that time. He appeared to be visibly
weakening. That is about all 1 know. l
went to the Sheriff 5 office with Mr.. Reek,
and then went to the drug store and helped
to bear Mr.. Anderson to his home. This
occurred in this town and county, on the
east side of Main street, about 4 o'clock,
on or about the Sd of November. l was
standing in the doorway of Joe Mendes
saloon and had an unobstructed view of
of the street. / had not noticed Anderson
at all before my attention had been at
tracted by the report of a pistol. At the
time my attention was attracted by the
discharge of the pistol l was standing
about 40 feet from Mr.. Reek, as nearly as l
can judge; could tell better by measuring
the ground. AT the time of the discharge
of this pistol l turned my face to the right
and saw Mr.. Reek. Immediately before
the discharge Of this pistol I did not hear
any other pistol discharged. When l saw
the smoke curling from Reek's pistol his
arm uoc lytan1aI a triHp ahoya n hnri-
zontal; the muzzie was slightly inclined
downward, or enough so you would notice
it. Reek's pistol was pointing in a north
erly direction, towards Dunkel's building.
When l first saw Anderson he was facing
the building just below Mendes'. Mr..
Reek was partially between me and him
The pistol 1 saw in Reek's hand was point
ed in a general direction toward Ander-
son, but I think to one side. 1 have no
impression as to the direction from whence
Anderson came. 1 had not noticed him.
At the time of the shooting l observed
Mr.. Reek and Mr.. Anderson and the man
between them. Mr.. Longabaugh was
standing in the doorway and several
parties were standing on the sidewalk.
Reek's pistol was pointing partially over
the mans arm who stood Immediately in
front of him.
Cross Examined-I think Reek's posi-
ton was about at the junction of the two
buildings next below Mendes' saloon. 1
had been standing looking in the direction
of the Parker House about half a minute.
Did not notice anyone coming from to-
wards Franklin's. Had not noticed Reek
standing there before I turned to the
right. When I first saw Reek his back
was partially toward me, but not entirely
so. The first shot attracted my attention.
The pistol was pointing in a general OPP
posite direction from me. I saw the smoke
curling up, it seemed to be going off in
the same direction the pistol was pointing.
At the exact time I saw the smoke l did
not observe Anderson, but did q moment
afterwards. When / did observe him he
was standing IL feet, and perhaps less,
from Reek, me coming from about the
direction of Clute's store. With reference
to these circumstances | cannot locate the
time of the seeond shot. I do remember
of hearing the second shot. TIL smoke
had not cleared away when ! heard the
second shot. Am unable to say whether |
had seen Anderson or not when | heard
the second shot. Am unable to tell over
which shoulder of Dale Reek held the
pistol. Don't know where I.eek's other
arm was. When | did see Anderson can't
say what he was doing, as other parties
were between us. Can't say whether he
had a pistol or not. The first two shots
we're closer together than between the
shots that followed. The smoke that /
have been describing l am not prepared to
gay that it came from the first shot. AT
the very instant that / saw the smoke !
might have heard the second shot, and l
am not prepared to say that it was the first
or second shot that caused the smoke l
saw.
WILLIAM pERRY's TESTIMONY.
Was acquainted with J. J.. Anderson.
Know George J. 1ieek, the defendant. Was
present when the shooting tool place here.
in Eureka, between these parties. on or
about the Sd Of November. At the time
the shooting occurred I stood opposite the
Empire Saloon, on the sidewalk. The shot
attracted my attention. I looked down
the street and saw Reek and Anderson,
also Mr.. Dale. Dale was between the two,
and at the time l looked they were both
turning around Dale, and Dale in between
them. | then heard several shots in quick
succession; then / saw Reek start to run
across the street over toward the Parker
House, Or o little below, Anderson follow
ing him, and after Anderson got a short
distance out in the street he fired a shot.
I thought he fired the shot at Reek. l
called to him then not to fire, as there was
n crowd over there and he might kill some
innocent parties. h is all l can think
of at present. j saw Anderson a few min
utes before the shooting, / was in from
OF Jack Perry's and he was on the opposite
t corner going down. and / WAS going
down on this side. did not notice where
Anderson went 10. / hadn't seen Reeh be-
+. fore this shot was fired. | could not say
who fred that shot tthe first shotl. A
) that time / thought they were about oppo'
site Clay simms'. don't thin Anderson
+. had his pistol out at that time. am no
| positive as to that. As Anderson turnet
around Dale l. thought saw him pull hi
. pistol out Of his pocket, he had MS hane
down in that direction at least. At thi,