New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-03-28
LOCAL MISCELLANY.

GEORGE W. CoNKLING. JR., Sci fnhL ~
sugucE SMITH DECIDES THAT HAvhhoIIon y. Sv
',I,n M sxIY-prrENcE-THE wALwoRrH CASE
RECALLED. "a ,1;led
n.n.na w. Conkling, IT,, who shot and k mns
, Heoigo uayerstick at the Vienna Flats IN West
.ntv. thrdst on March 10, was discharged iron
custody Yesterday by S@sfe Of onsabo homicide
fTa Examination was conducted in the court Oh
specal Sessions before large nqmoe;r O. Smith set
tors anu Fo o and White. Shortly after O'CLOCK
nrsonep entered the Court. accompanied py ms
COUNSEL. Cameron H. .I kt9s q Mrs, uher
s.s;sta0t District Attorney Brady, who appeared
Sns the peope began the proceedings by saying na a
he did not desire to make statement, put inao nc
ne ho content TO submit the evidence in the case
MT King replied that he did not wsh 10 d hasr
self of technicaties In this case there ndu
on entire absence of criminal act or lntent. Consh
order to save his own life was compelled 70 XII
The latter SH had Mrs uSers husband
10 have KtNs us that had then De ss
would ask for the prisoners discharge Mr. BsndS
finally agreed to this. "spatD however, ens ems ;n
ostw sS 10 submit the evidence of Mrs Uhler Mr.
Howe accused him of not acting IN the INTERESTS 81
the people, but rather IN behalf OF ,ne
denied by not Mr be- Sra9H6 uidO % but would
conduct his case in his is 0 MT T TSy
Mrs Uhler's testimony for the defence A., coro
The witnesses who had testi ec before tne SoIo
nor wore then called and in turn swore 10 Tue uepo
;tioms Mr. Howe then made an argument to prove
that the killing was justihable, because InS sIaS
had acted without premedtaton anu III .; 'b
He onoted from Judge Noah Daylss charge IN inc
WoEYuovtb case as follows: when one, who IS
without fault himself is attacked Dy eno1hol ~ ~
such manner. or under sI9 en- cinpraSenGins de-
sign to take away his life or to DO 10 MN eoie
holly harm, | think he may safely act upon
anpearances aud kill the assallant II NECESSITY,
tp pvoid the apprehended danger, ana the klung
will be justidable although II may ToI
turn out that there was no design 70 10 oro
in agreement with this opinion OF Judge DAVIS
Al this nont in the proceedings Mrs. Uhler, was
discovered to be in tanning TdnTt and taken TO Mr.
Uowes office by Mr.. King. From the moment that sIe
had entered the Court she had SAT qulety s6
wore n sealskiu dOlman and a maroon cOlOreu VOL
vet dress her hands being covered by mouSqle'Io
gloves and her face hidden IN ven. 1nU
her brother would whisper into her ear words Oh
comfort The effort to take the stand ana swear
10 her dispositions, however, had proved 700 hucn
Mr. Brady thought that it should be left to jury
TO determine whether or not Cohkllhg MAS III
danger of grievOus bodily harm. " 1t wond pc
n,state he Continued to set this prisoner free
He is a man who imports into chs city tne customs
of the Western frontier ana haol'uay oar'' eco
.ko
defence there is a possibility that ne was az lne
time full of anmOsity toward the dead man. ..1
When MIR Brady had finished his Argument, win,
out moments delay Justice Smith sald
find from the evidence that the prisoner had great
proyocation and reasonable ground to apprehend
great bodily harm at the hand OF the SLAIN man
nnj therefore that the homicide was Justlnaple
and the prisoner Is discharged"
smile fitted across Conking's face as his cGua
sci turned and congratulate ted him upon the verdict
and for some moments he was made the victim OF
vigorous hand-shakings by his friends. Then a
movement was made towards Mr.. Howes office.
Mrs Uhler who had been anxlously awaiting
the result of the trial, the moment that u
was announced to her flung herself in her brother 5
arms and wept tears of JOY. Then the two drove OH
10 the home of Mr.. King, at No: 40 West twenty
fonrtbst As soon as his sisters affairs are settled
Conkling will take her with him to his nome al
Reno, New. $1,000, IL
CAPTAIN McElwain has discovered among Haver-
sticks effects a will executed in San Francisco on
October 2S 1875, by which he bequeaihs all hls
pToperty to his mother. Receipted bills for the
furniture in the house have also been found, all In
Mrs. Uhler's name. and demand mas Deeh maoe
upou McElwain to surrender the property to her.