Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-03-16
HELD TO ANSWER.
Freeman to be Tried for the Murder of
Mark Eeeny.

Freeman to be Tried for the Murder OF
Mark Feeny.
! The examination of Charles Freeman on
charge of numbering Mark Feeny, alias
Shorty" cook employed on S. Dekay' S
ranch near Antelope, on the 9th instant,
took place before Justice Baker yesterday
in the Courtroom of Department One OF
the Superior Court. The prosecution was
conducted by District Attorney Bruner,
and the prisoner was defended by Charles
y. Post. The room was crowded with
spectators, including many residents OF the
locality in which the crime was committed.
The defendant is quite young man, OF
light complexion, a little above medium
hight, of spare build, and probably would
! weigh about los pounds. His countenance
and manner do not betoken the bad man"
qualities with which he has been credited.
His demeanor in Court was that of either
an innocent man or one who-if guilty Of
so heinous and brutal crime as that
charged upon him-must be as devoid of
conscience as stone.
THE STORY OF WILKES.
The first witness called by the prosecu-
ton was Archie Wilkes, the man who was
arrested at the same time Freeman was.
named Terrill were employed on the
Dekay place, and Feeny was also engaged
there as cook. On the day of the evening
| ON which Feepy lost his life Terrill went
| to the Dekay home place, some miles off.
That afternoon he and Freeman went to
| Antelope and returned about 10 O'Clock at
night. The cabin has three rooms-a sit.
ting-room, bedroom and kitchen. They
both had shotguns with them, having done
some shooting during the afternoon. Soon
after they had entered the cabin Freeman
commanded Wilkes 10 take hold of
Shorty" that he was going to
! 'Do AWAY WITH HIM."
Wilkes said that he guessed Freeman
was only joking. but the latter replied that
| he wasn't, and if Wilkes did not help him
| he would xii! him, too. Wilkes said he
| tried then to get away, but that Freeman
attacked and beat MIN severely. He then
| told Shorty" to get up-that he was going
/ 10 kill him, and Feeny replied, All right.
| Charley"
Wilkes then told how Freeman picked
! Feeny up, carried him outside and forcer!
his head and shoulders down into barrel
| Of water and held him there for several
! minutes, finally leaving him tier, dead.
Freeman told Wilkes to go to Delays
house and tell the family they had found
| real facts. Dekay sent WORD to Roseville,
and the next morning witness and Dekay
went to the cabin and found Freeman un-
der arrest by Constable Lamphrey.
On cross examination witness said that
Feeny was small man, far gone with con-
sumption, and Gid not struggle much when
Freeman carried him to the barrel. He
denied that he had ever said he would put
Feeny out of the way.
FREEMAN GETS NERVOUS.
Fred FIiecke, who keeps the Twelve
Mile House, near the cabin, testifie! that
Freeman called at his house on the night
of March 9Th and told him the cook was
dead. Freeman seemed very nervous snd
| witness gave him drink, although be was
then under the influence of LIQUOR. Wit
ness dressed and went to the cabin with
him, where they found Feeny in the bar
rel and dead. They staid in the cabin a
while, and as Freeman seemed nervous
| they went back 10 the saloon and got
| another drink. Returning to the cabin,
Freeman got his shot gun and went into
bedroom and went TO sleep.
Witness said be staid up until Constable
Lsmphrey came.
Mrs. Friecke testified to the fact of Free.
man calling and her husband going with
| him to the cabin.
FREEMAN ARREST.
George Lamphrey, the Roseville Consta-
| bic, testified that he was informed by Rob-
| ert Terrill on the right of the murder that
a man had been killed at the cabin, and be
went TO the place. He found Freeman
lying asleep with gun lying across his
, beast. Another gun stood in the corner
/ Witness told Friecke, who was present, to
| take the guns away. The one in Freeman's
possession was loaded. Freeman then
awoke and recognized the witness The
| latter asked him what he had been doing,
and Freeman replied that he had been do
| ing nothing. Witness asked him how
about the man found in the barrel. and
| Freeman replied that all he knew about il
was that they had found him there. He
! then remarked that ne would bet that
| Wilkes had gone to DELAYS place and
charged him (Freemap) with the murder,
although he had told him to tell Dekay
they had found the body there. He said
| Wilkes was drunk, and probably had
charged him with killing the man.
BLOOD IN THE BEDROOM.
Freeman then told witness of fight he
had had down at the bridge with Wilkes
| during the day. The body OF the drowned
man was not disturbed until Coroner Clark
arrived. While witness was making an
examination OF the bedroom Freeman
asked him IL he was looking for blood, and
II so he would fad none there. Witness
! did find fresh blood, however, on the floor
and CT one Of the beds Freeman said they
had picked some birds in the room four
days before. and if the blood did not come
from them he knew nothing about it. The
| blood-siained bed clothing was taken in
charge by the Sheriff. Before the Coroner
| came witness snd Freeman went 10
| Frieckes saloon. and while there witness
| said to him that if his fight with Wilkes
| TOOK placed down 81 the bridge, It could not
account for the blood IN the room, aud that
II be could not account for it, it might so
| against bin.
Freeman said; well. if toe fight did
take place in the bedroom. what bias that
| TO do with the death OF Mark Feeny?r
| Witness then asked him if the fight did
net take place in the bedroom, and Free
man replied that he was not going to talk
| about 1.-THE would not commit himself.
| WILKES WOUNDS.
Dr. c. B. Nichols, City Physician, was
called and testified to having examined the
person of Archie Wilkes in the county Jail
some days after the tragedy. He found a
confusion and deep scalp wound on the top
| of the head. His nose wss also cut and
there was cut below one of mis- eyes. One
of his ears was badly lacerated All the
wounds had bed freely.
THAT PROPOSED WAKE.
Charles Lewis, aged Is years, testified
that he had seen them al Antelope on the
evening when Feeny met his death. He
heard Freeman say to Wilkes that they
were liable 10 have wake over the cook.
There We're severa. persons present in the
store AT the time.
OTHER TESTIMONY.
Charles Milligan, saloon-keeper at
Antelope, also saw Freeman and Wilkes in
that village on the evening of the tragedy.
They were in Daily 5 place. Witness asked
Freeman If he had had bis supper and he
said no. Witness asked him who was do.
ing the cooking at the rarch and he said
"a little fellow who was nearly dead with
cnusnmntinIi an thnr uera liable 70 have