Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-30
THE BEOWAWE HOMICIDE.
THE CASE COMES UP FOR TRIAL
I'm THE DISTRICT COUNT.

Inc WIDOW ana Two SONS OF tns
Deceased Present-AlsO the WIG
and Two Small Children of the
PrisOner-The Testimony of One
of h Sons of the Deceased and
Other Important Witnesses.
At the hour for the converting Of che
District Court yesterday morning the
courtroom was we'll filed with spectators,
who had gathered to witness and hear the
proceedings in the case of the State OF
Nevada vs.. ]. K. Boyes, who is charged
with the murder of Adam Altenburg near
Shoshone Point in this county on the Goth
day Of April last. In behalf OF the State,
District Attorney Cheney was assisted by
r. M. Beatty, Esq, and Messrs. Baker d
Wines served for the defendant. A jury
consisting of the following named parties
was drawn, after which q recess was taken
until / o'clock: A. Eddy, Alexander
Fraser, j. j. Baird, Robert Stewart, D.
Dapoili. Owen Rice, J.. W. Brown, J.. B.
Keen, o. Ball, H. Allen, Fred Penfold and
E. G.. Morrison.
nv - LA "a II OOuAb ab i
o'clock the room was again quite full. The
widow and sons of the deceased sat within
the railing on the left, while on the right
and alongside of the defendant was his
wife and too little children. Notwithstand.
ing Mrs. Boyes was a witness in the case
in behalf of her husband, through the
courtesy of District Attorney Cheney she
was allowed TO remain in the room during
the entire trial. The other witnesses were
then sworn in as such, and instructed by
the Judge TO await in the hall or about the
courthouse until their services were
wanted. Hereupon the County Clerk read
the indictment as found against the &C
cused, after which District Attorney
Cheney, with the aid of a chart, on which
were shown objects representing the seene
of the homicide, the buildings, trails,
ditch, etc., gave a fair statement as to how
the murder was committed, and what it
was his object to prove in the case TO the
jury.
Capt. A. D. Rock, County Surveyor, was
the first witness called. Inasmuch as he
had surveyed the ground and had drawn
the chart, the different objects thereupou
were explained by him, and each marked
alphabetically. Relative distances and
directions were also explained
Thomas Summeral was then summoned.
Being duly sworn he said: / reside at
Palisade; have resided there seven years;
am a shoemaker; am q Deputy Sheriff Of
Eureka county; on or about April 26 or ~
| vent to Shoshone Point, having received
q telegram from the Sheriff at Eureka, and
met Boyes, and asked If he was the man
who shot Altenburg; he said, az ann" l
| asked him where was the rifle; I told him
| I had come to take him to Palisade; he
said, All right" That was about the
conversation that passed between Us at the
| time. Questions were then asked the
witness about his presence at the Coroner's
inquest. Subsequently l brought him to
Eureka; Boyes had been to Beowawe and
| had gone pack 10 Shoshone Point; he was
| going about the house preparing break
| fast; it was about 5 O'Clock A. M; his wife
| and children and a man by the name Of
Smith were present.
John Kerns, being duly sworn, said: l
| reside at Beowawe; am railroad agent,
station agent and telegraph operator; !
| know the defendant; saw him at Beowawe
on or about April ~; he came into my
office and said that he wanted to tel egraph
| to the Sheriff at Eureka; his brother-in-
| law, Mr.. Beck, was with him and paid for
| the telegram. Here the telegram was
| p~resented). He said, "Altenburg snapped
a cap at me, and l shot him" he also
wanted a doctor; l te~legraphed for one,
| and sent il on my own account; JEFF Beck
| was with him; this was about the latter
| part of the a~fternoon-at about 4 o'clock.
Cross examined-It was about 4 o'clock
| when Mr.. Boyes came into the office; Mr..
| Beck was with him; he said he wanted q
| telegram blank, and he wrote the following
message:
BEowAwE, New, April ~, 1885.
Sheriff at Eureka, N~evsds-I shot a man
to-day. II you want me l shall be here.
J. K. BoYEs.
I think the telegram should have been
| dated the Goth; Boyes said he wanted to
telegraph to a doctor at Battle Mountain
| that is, he requested me to send for
| doctor, and his brother-in-law joined in
| the request; I sent it on my own response
| bility, as regards pay; he said, "Altenbure
| busted o cap at me, and shot him."
DR.. Joseph A. Dean, being duly sworn,
said: / am a physician and surgeon; re-
side at Battle Mountain; on or about Apri.
| 26 I was at Beowawe; / knew Adam Alien
burg for q long time; did not know Boyes
I found O gunshot wound on Altenburg
which was explained) ; one could not have
any use of his left leg after such q wound
il was necessarily a fatal one; it was or
the morning OF the 9th thai I examined
the body; I saw the body the evening pre-
vious when 1t was brought to Battle
| Mountain.
- Longley, being duly sworn, said: I re,
side at Palisade; my occupation Ia o car.
penter; am Justice Of the Peace; was al
the inquest on the remains of Adam Alien
burg on April AZ; 1t was held in the bar
room of Benson's Hotel at Beowawei
never knew the defendant; he was presenl
at the inquest; he (Boyes) wished to waiv'
an examination, and he gave his reasoni
therefor; being a little green in the bust
ness and wishing to accommodate him,
acquiesced.
Gross e~xamined-I took the testimon!
Of the several witnesses, and each witness
had read to him or her before they signed
their signatures; each witness was sworr
by me; Mr.. Boyes said In substance tina
he wished TO waive an examination, II l
could be done; that if he had an examina
ton and I saw fit to release him on bail
he doubted as to whether he could ge
bail; he was then in the custody of thu
Deputy Sheriff; being a stranger there h
car,ld not we'll ask anyone to go on hi