Evening journal., 1888-06-05
OYER AND TERMINER
GRAHAM ON TRIAL FOR KILL
ING GOTTLIEB koEDER.
The Prisoner fa Defended by ueswrm
Hayes and Harrington-The Crime
Committed In sunday Drunken
Rrnwl.

sumed proceedings at = oO O'CLOCK yeeter-
day afternoon. Judges Houston, Gruhb
and Psyuter were on the bench. Chief
Justice Comegys is still confined to bis reel
dence with illness, but his doctors are OF
the opinion that be can get out to court IN
a day or 80.
George Fl. Graham was at once brought
into court, placed In the dock and the draw
ing Of jury commenced. The prisoner
was dressed in q black suit and satthrouRh
the afternoon proceedings apparently un-
moved, though listening and watching
with interest. Walter II. Hayes and
Mayor elect Austin Harrington are the
prisoners counsel.
The following jurors were challenged by
the defence william Mahan, John Nj.
Barlow, William g. Robelin, Jesse ID.
Briggs. Arnold Naudain, Jr., William 9
Kyne, Jr. Thomas Davidson. James NJ.
Battan, William N. Mccoy, Curtis @.
Handy, Miles Clark, Julian Cochran, George
Il. Houston. Johs W. Davidson, William q.
Beck, James B. Cloud and Lewis H. Lyman.
The following had conscientious scruples
against capital punishment and we're
excused William ]. Lee, william Kirk
wood, George W. c. McCrone, aud Corne
lius w. Davis.
The following bad formed and expressed
an opinion, which they did not think could
be changed by the evidence Henry l.
Churchman, Conrad Keller, William J.
Armstrong, James 8. Crawson.
John Shaw was the only juror challenged
by the state. Thomas J. King was ex-
! - l.. . -
the United States Government as q gauger.
The jury was finally made up and sworn
in az follows: James T. McMullin, James
T. Webster, william W. Moree. Henry #.
Neff, James 8. Craig. John p. Hin, Samuel
T. Landis, Lewis Dickey, William "A.
Wright, Charles Everett, Penton Bellyille
and William T. Hickey.
When the jury had been sworn Deputy
Clerk Osborne read the indictment and the
case was opened for the prosecution by
Deputy Attorney General Davis.
Frank r. Carswsll was first called to the
stand to testified as TO making plot Of the
scene OF the murder.
William Myers, one OF the principal Wit
nesses for the state, was the next witness
sworn. He has been kept under detention
Ia New Castle jail, Ia default Of 900 bail,
since the time OF the murder last Novem-
ber. Myers could not understand English
very well and William II. Kurtz OF Every
\ Evening was called on as interpreter. The
witness had known Gottlieb Koeder. the
murdered man, four years. They boarded
together four years ago and were friends.
He knew Graham when he saw him.
When witness went in the brewery he
found the foreman, an elderly gentleman,
and his wife and another woman. IL was
4 O'Clock when he went In. he
asked for some beer. Witness
drank IL or - glasses of beer. Kosder
also drank beer. Was In the brewery from
4 o'clock until about or half past. He
saw the prisoner 10 the brewery that day
about or half past. George Fuchs had
gone out to the water closet. He was gone
about five minutes when Graham came 10.
Witness said he was pretty ull when Ora
ham came in. The 1rst thing he remem-
bered about Graham was seeing him stand
ing by Koeder with glass OF beer in his
hand, which be drank. Witness said be
tMyers) was 30 full th at he was staggering
all about the brew house. He did not
know whether or not Koeder was as drunk
as himself He afterwards saw Ora
ham walk out OF the room. He
did not see him shoot O
pistol. He remembered being at the gate
with Koeder, but did not see Graham. Ht
heard two shots fired while they were il
the yard. he did not zee who fred them
He was inside the gate when the shots were
! fred. The little gate was locked and Koe-
der and witness were trying to get out oi
it. Witness fell after he got out Of th,
gate and Koeder went scross to the house
of bis brother-in-lAw Mr. Fuchs. Witness
ran home. He did not know whether hs
was frightened or not Witness knew ab
solutely nothing that took place in th'
3 brewery between Koeder and Graham. He
was too drunk to know.
On cross-examination witness said be
saw Finhs, the foreman, when he went int,
the brewery. He did dot see Finks agar
until about or half past. Finks put Koe
der and witness out OF the brewery ant
yard They walked away and thel
returned and went in the little gate. HI
had been in Jail since last November as
witness for the state.
George Fuchs, a brewery employe, wa
the next witness. He could not under
stand English, either, and Mr.. Kurtz'
invaluable services as interpreter wer
again demanded. Witness lived near th
Excelsior brewery on November "a, 1857
He lived there five months prior to the 27t
OF November. He left the brewery three
weeks ago. He knew Koeder for
two years He and witness married sisters
He knew Graham two or three month
: before the shooting. Witness asked Fink
: il he could give Koeder, his brother-in-lsw "
Q few glasses OF beer. Finks gave permis
sion and they followed witness into th
Z brewery. Witness was in the brew-roon
with Myers and Koeder about two hourI
They went out about $50 and were gon
a minute or so. There was a misundel
a standing between Finks and Myers
|, Fiuks had a little rife. He wa
!. was about to take it to his room whe
. Myers grasped for it. The forema
wrenched It away from him and took
up stairs. Then he gave Koeder one NOR
glass OF beer and told them to go on
,s which they did quietly. After this the for
- man drove away in buggy. Witness the
went 20 shut the big gates; as he was doin
80 Myers came IN again. He asked Myel
A what he wanted. and told him he had he
= enough. Koeder then came In through Il
little door. Witness gave them both
10 glass OF beer. Then George Graham can
/ walking In Myers and Koeder wei
standing by the keg of beer In the brev
room. ayers was very drunk, Koedsr ni
y. an rnnch "A MYnra The hrnt Ahlr