Wichita eagle. [volume] (Wichita, Kan.) 1883-1888, 1884-11-14
THE STATE VS.. A. c. pIEsrER.

The examination OF Special Deputy Sheriff
\. Z. Piesier, of Lyon county, for the kill
ing of John Fuqna, on the 18th of October
last, al the house of Mr.. Windsor, six miles
south of Garden Plain, took place before
Justice Hobbs yesterday.
Owing to the nature Of the case, as well as
to the fact that the preliminary examination
was conducted by Mr.. Vangeeson, Justice
Hobbs thought it advisable 10 associate him
with himself in this case.
Mr.. Frank Dale represented the state and
Judge J. }. Buck conducted the defense. A
general summary of the case upon the evil
3ence adduced is about rs follows:
The two deputy sheriffs. Mr.. Peister and
Mr., Robb, of Lyon county, had information
that Fuqua was somewhere about Mr.. Wind
sor's place, engaged the services of
Mr.. Alexander Coffee, livery man
| of Cheney, who sometimes acts as a
| deputy to Sheriff Fisher, TO take his team
and go with them TO Mr.. Windsor's house.
| They arrived there about noon and inquired
for Mr.. Windsor; that gentlemen being alb
sent in the territory, they inquired of Mr..
DeCoe, who lives with Mr.. Windsor, con-
! corning the man who took care of the stock.
They next inquired if they could get dinner
and being answered in the affirmative they
had their team put up and they soon went
into the house. Faqua sat at the same table
with them al dinner and Mr.. Coffee en-
gagged him in conversation. 1t was while at
dinner that they became aware that he was
the man they were after. At the conclusion
of the meal the officers went out and while
out Mrf. DeCoe told Fuqua that they were
after some one who had stolen a horse. Mr..
Piester soon returned to the house, and it
seems that both him and Fuqua arrived when
the other men were hitching up the team at
the same time. II was previously arranged
between Mr.. Robb and Mr.. Piesier that they
should both draw their weapons on Faqua
at the same time; this they did, being about
ten feet feom him. Mr.. Piester, without
having in any way indicated to the man that
he was acting in the capacity of an officer,
leyeled his revolver at his head, and said:
Hold UP. Up, Up" and almost immedi-
aiely after the third sup he fred, the ball
entering the bridge of the nose and causing
almost instant death. ANY one who heard
the evidence could hardly fail TO be i'm
pressed with the idea that the shooting, just
at that time, was not only altogether too
hasty, but absolutely unnecessary. There
were four men there against one, and
two of these men had him covered
with their reyolvers, and could have shot
him down as soon as they saw him make a
move for his revolver. There was no evil
dence produced showing that the man made
any motion TO get his revolver. Two wit
nesses swore that ne was in the act of hold
ing up one of his hands, the other being by
his side.
After carefully examining the situation
in the light of the evidence, it would
appear that the man WAS shot before be
could realize the situation and obey the
command TO throw up, especially if he was
not aware that the officers were authorized
to arrest him. Mr.. Piester did not give
him any intimstion that he had any author
ty TO arrest him.
There Is no doubt that Fuqua was a horse