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

Freeman to be Tried for the Murder of
| Mark Feeny.
| The examination Of Charles Freeman on
g charge of numbering Mark Feeny, alias
Shorty" cook employed on S. Delays
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
\. 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 l65 pounds. His courtenance
and manner do not betoken the bad man"
qualities with which he has been credited.
His demesnor 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.
ne Sdiu iudl iiillsell, I1ctiilal duU u liau
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 Oft.
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 kill him, too. Wilkes said he
tried then to get away, but that Freeman
attacked and beat him severely. He then
told Shorty" TO get up-that he was going
TO kill him, and Feeny replied, All right.
Charley"
Wilkes then told how Freeman picked
Feeny up, carried him outside and forced
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 Dekay's
house and tell the family they had found
Feeny in the barrel, but instead he told the
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 did not struggle much when
Freeman carried him to the barrel. He
denied that he had ever said he would put
FeeDy out of the way.
FREEMAN GETS NERVOUS.
Fred Fiscke, 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 TO the saloon and got
another drink. Returning to the cabin,
freeman got his shot gun and went into q
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.
FREEMANs ARREST.
George Lamphrey, the RoseVille Consta-
bic, testified that be was informed by Rob
ert Terrill on the night of the murder that
man had been killed at the cabin, and he
went to the place. He found Freeman
lying asleep with gun lying across his
bZeast. 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 aud 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 he 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 N 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 masking an
examination OF the bedroom Freeman
asked him il he was looking for blood, and
If so he would fad hone there Witness
did find fresh blood, however, on the floor
and on 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-stained bed clothing was taken in
| charge by the Sheriff. Before the Coroner
came witness snd Freeman went TO
F'rieckes saloon. and while there witness
said to him that if his fight with Wilkes
took placed down at the bridge, It could not
account for the blood IN the room, and that
II be could not account for it, ii might go
against bin.
freeman said: We'll. if toe fight did
take place IN the bedroom, what has that
to do with the death OF Mark Feeny?'
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
confusion and deep scalp wound on the top
of the head. His nose wss also cut and
there was cut below one of MS eyes. One
OF his ears was badly lscerated. Ali the
wounds had b,ed freely.
THAT PROPOSED WAKE.
Charles Lewis, aged l6 years, testified
| that he had seen them at Antelope on the
evening when Feeny met his death. He
! heard Freemsn say TO Wilkes that they
were liable 10 have wake over the cook.
There were severa. persons present in the
store al the time
OTHER TESTIMONY.
| Charles Milligan. e saloon-keeper at
Antelope, also saw Freeman and Wilkes in
that village on the evening of the tragedy.
They were in Daiy's place. Witness asked
| Freeman if he had had his supper and he
| said no. Witness asked him who was do
| myth cooking at the rarch and he said
"a little fellow who was nearly dead with
consumption. and they were liable to have
wake at any time