Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1884-11-12
THE STATE VS.. a. c. plEsrER.

The examination Of Special Deputy Sheriff
A. {. Piester, Of Lyon county, for the kill
ing of John Fuqna. on the 18th OF October
last, at the house of Mr.. Windsor, six miles
south of Garden Plain, took place before
Justice Hobbs yesterday.
Owing to the nature of the case, a. well as
to the fact that the preliminary examination
was conducted by Mr.. Vangeeson, Justice
Hobbs thought it advisable to associate him
with himself in this case.
Mr.. Frank Dale represented the state and
Judge j. j. Buck conducted the defense. A
general summary of the case upon the evil
dence adduced is about as follows:
The two deputy sheriffs, Mr.. Peister and
Mr.. Robb, of Lyon county, had information
that Fuqua was somewhere about Mr.. Wind
sors place, engaged the services of
Mr.. Alexander Coffee. livery man
Of Cheney, who sometimes acts as u
deputy to Sheriff Fisher, to take his team
and 90 with them to Mr.. Windsor's house.
They arrived there about noon and inquired
for Mr.. Windsor; that gentlemen being ABB
sent in the territory, they inquired OF Mr.
DeCoe, who lives with Mr.. Windsor, con-
corning the man who took care Of the stock.
rhev 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 FuQua sat at the arnetabie
with them at 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
If the meal the officers went out and while
out Mrf. DeCoe told Fuqua that they were
after some one who had stolen 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. 1t was previously arranged
| between Mr.. Robb and Mr.. Piester that they
-hould both draw their weapons on Faqua
1t the same time; this they did, being about
zen feet feom him. Mr. Pie-ter, without
having ia any way INDICATED to the man that
ne was acting in the capacity of an officer.
eveled his revolver at his head, and said:
Hold up. Up. Up" and almost immedi-
stely after the third up" he fired, the bail
.nterlng the bridge Of the nose and causing
,llno.t instant death. Any one who heard
he evidence could hardly fail to be i'm
pressed with the idea that the shooting, just
It that time, WAS not only altogether too
hasty, but absolutely unnecessary. There
we're four men there against one, and
:wo of these men had him covered
with their reviewers, and could have shot
him down as soon rs they saw him make Il
move for his revolver. There was no evil
lence produced showing that the man made
any motion to get his revolver. Two wit
nesses swore that he 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 he
al he. nd nhn ha
command to throw up, especially if he was
not aware that the officers were authorized
to arrest him. Mr.. Pester did not give
him any intimation that he had any author
ty " arrest him.
There is no doubt that Fuqua was horse
thief and "A bad character; he is not entitled
to any sympathy and he got none; never
theless we believe any impartial listener
| would not hesitate TO say that the killing
was unnecessary.
In Fuoua's case it might be argned that
| it was a benefit TO society TO put him out OF
the way, notwithstanding that such WAS the
case, such an officer wonid be Il dangerous
one in other cases.
| At first Mr.. Dale had no intention to ar
que the cause at all and did very little to
draw any statement from witnesses that
would be likely to criminate the defendant
| but. as he stated, after due consideration he
believed that the majesty of the law had
been trampled, he considered it his duty to
insist that the defendant be held to answer
the charge of manslaughter in the second
degree. He said if he could consult his own
wish in the NATTER he would say to this de-
PENDANT, go; but he felt that crime has
been committed and he would insist that
the defendant should have a higher vindica-
ton than this court oould give him if he was
found not guilty, by jury. The court Sc
looked at the case and Mr.. Piester was belc
| in the sum of $500, TO answer the charge o
manslaughter in the second degree ut III,
| next term Of the district court. Bail wa
promptly given.