Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-04-26
FREEaAES DEFENSE.
FEENEY WAS EITHER KILLED BY
wILKE Or sUICIDED.
He Will Endeavor to Prove That He Did
Not Touch Feeney-Yester-
days Proceedings.

AAc tildi VI OndrleS freeman Tor the
murder of Marx FeeDey was resumed be-
fore Superior Judge Van Fleet and jury
yesterday.
All day the Courtroom was crowded IN
comfortably with curious spectators.
Frederick tricks, who keeps a saloon on
the Auburn road. near where the killing of
Feeney took place, took the witness-stand.
He testified that he knew Freeman, Wilke
and Feeney. On the night of the killing,
shortly before midnight, Freeman came 10
his place and told him that the cook Fee
ney) was dead. Freeman stated that his
nerves were all unstrung from what he bad
seen. He asked the witness 10 accompany
him to the cabin. Witness did so. and
stayed with Freeman all night-until Free
man was taken in charge by Constable
Lamphrey.
Constable Lamphrey detailed the arrest
OF Freeman, and related the conversat on
he had with him. Freeman told him
that he and Wilke had had fight
before coming 70 the cabin, and that
Wilke came out second best. When
ne tLamphrev) questioned Freeman close
~ regarding Feeney's death, accused Free
man OF killing him, Freeman said that
there were
but TWO MEN THERE
Meaning himself and Wilke. and he
guessed that his evidence would be as good
as Wilkes when it came to trial.
District Attorney Bruner offered in evil
dence a large bundle containing the clothes
on Feeney's person at the time OF his death.
and also Fha hlHol Sfa ~ ,,;1 :
blanket taken from Feeney's couch in the
DeKay cabin. Lamphrey identified the
garments, etc.
Mrs. Eva Fricke corroborated Ler hus-
bands testimony as to the time and circum-
stances of Freeman's visit TO their place.
On a subsequent visit to the house, Free
man told Mrs. Fricke, who spoke of the
blood stains on Feeney's bed, that he didn't
know nothing about it,
Charles Lewis and W. E Milliken testi
fed that they heard Freeman say, in Ante
lope, some hours before the alleged MUIR
der, that ''the cook was about dead, and
were liable to have wake over him at
any time"
FREEMAN's DEFENSE.
The important feature of the afternoon
session was the resting of the prosecution
and the opening of the defense.
NAalicS ~ O.A. iIStLldH SllDIDEN,
first asked that recess be taken, so that
he might prepare himself. This was
granted, and at the end of an hour Court
was re- convened. Mr.. Post then made his
opening statement 10 the jury.
He said he would show by the testimony
of Freeman, and other coTroborative testi-
mony, that on the day of Feeney's death
Freeman and Wilke were out hunting to-
gether; that when they returned home that
night it was very stormy aud travel was
bad. Both men were out of sorts. When
they reached a certain point on the bank
of the creek, Freeman wanted to ford it,
and, handing his gun to Wilke, sprang
across the creek and then babe Wilke fol-
low. Wilke demurred and Freeman called
him coward. Wilke replied by applying
a foul epithet to Freeman, and also threat
ened TO shoot Freeman. The latter then
recrossed the creek and proceeded to give
Wilke a sound beating. That was how
Wilke received the bruises which he after
wards exhibited, and said he received while
trying to prevent Freeman from numbering
Feeney.
wILKE WENT AHEAD.
When Wilke cried enough" the attor-
ney continued, Freeman desisted from
further beating him and Wilke immedi-
ately made for the cabin. freeman
stopped behind for awhile to pick up some
cartridgeshells which he dropped during
the fight. Then he followed Wilke TO the
cabin. Upon entering he saw Wilke
emerging from the sleeping-room. Free
man called out to shorty (Feeney) and
asked him how he was, but received no
response. He then turned to Wilke and
told him that the horses had yet to be fed,
and advised him to get light SO that they
could go out to the horses. Wilke told
him to wait until he got drink of water.
Wilke proceeded outside to the water bar
rel and Freeman followed. Suddenly
Wilke exclaimed Here's Shorty" and
when Freeman looked he saw Feeney's
body protruding from the barrel. Free
man then advised Wilke to go and inform
Mr.. De Kay while he would go to Fricke's.
Mr.. Post did not explain clearly what his
theory was as to how Feeney came TO his
death, but ii could be inferred from his re-
marks that either Wilke had drowned
Feeney or that Feeney had committed sui
eide.
Upon the conclusion of his statement,
Mr.. Post held a whispered consultation
with Judge Van Fleet, at the end of which
he made formal motion for a continu-
ance until to-day. He said he had not
time 10 get his evidence together, and be-
ing alone in the case, was working under
many disadvantages.
Judge Van Fleet said he appreciated the
responsible position MI. Post was
placed in, and as he wished to give the de-
PENDANT every reasonable advantage in pre-
senting his side of the case, he would will
ingiy grant the continuance, if the District
Attorney did not.object.
Mr.. Bruner did not object, so the case
went over until this morning.