, 1891-07-28
NOT GUILTY.
DR.. SchuIke Acquitted of the Charge
of Murder.
He was Temporarily Insane When
He Shot Sullivan.
And at the Same Time Acted in
Self Defense.
Lander M~ountslneer.l

into court FRIDAY morning at 0 U cloch,
and by their foreman, W. p. Marshall,
announced that they had agreed upon a
verdict. Their verdict was handed to the
clerk. who read as follows: 1--WE. the
jury, find the defendant not guilty"
1t took longer to get a jury than to try
the case. The time from Monday morn
ing until past Tuesday noon was occupied
in finding twelve good men and true who
either had not formed an opinion in re-
gard to the case. or who, in spite of their
opinions, thought they could be fair and
impartial jurors. The regular panel of
twentY-four was sOon exhausted, and open
venlres issued. first for ten then for fifty
additional Jurors. Ofthe entire number,
sixty were examined as TO their compe-
tency. A number OF these had heard OF
the case thro' JUNIORS aud newspaper re-
ports, and had also talked with witnesses
concerning it. This disqualified them.
and al least a third of the list were. ex
cused on this ground. Several were
biased or prejudiced, a few could not read
and write, and one was a nonresident.
When finally constituted, the following
men were in the jury box: N. G.. Mason,
s. II. Cockins, j. B. Gleaver. W. p.
Marshall, Geo. N. Wroe, Albert Yale,
August Laucken, Henry Shields, o. p.
Davis, George Pretchett, John johnson
and Hiram Mealman.
As soon as the jury was sworn, Mr.. Vi
dial made the opening speech Tor the
prosecution, briefly outlining what the
state expected to prove.
Mrs. Sullivan testified TO the identity
of the deceased, her husband, who left
home in good health on the morning OF
of April II, 1890. and was brought home
dead at IL O'Clock. Mr.. Patten testified
to his relations with Mr.. Sullivan; stated
that there had been some unpleasantness
between Schuelke and Sullivan in regard
to the correctness of certain prescriptions,
but that on the morning in question they
seemed to be friendly. He spoke Of
going to Schools shop after the hOmi-
eide, meeting Schuelke at the door, and
hearing him say, II had to do it." DR..
Welty testified hat he examined the
wound in Sullivan's head. and that such
a wound must necessarily be fatal. Henry
Kensingcr and Ed St. John testified to
substantially the same thing-to being
near Schools shop when the shot was
fired, went there at once, saw the posi-
ton OF the body, and heard Schuelke say
when he came TO the door, Gentlemen,
he struck me in the face aud | had 10 kill
him."
There was something of buzz in the
court room when W. II. SchOo took the
stand. He was the only eye witness Of
the tragedy. He testified that Schuelke
came into his shop and sat down, and
shortly after Sullivan came in in his
shirt sleeves. Words passed between the
men in reference to prescriptions. and
shortly Sullivan stood up before Schuelke
in a fighting attitude. The next thing
Mr.. Schoo remembered, the men were
both standing up. clinched; they moved
backwards towards the northeast corner
OF the shop; in the course of the strug-
Cling Schuelke pushed Sullivan back,
Sullivan came toward him again, and at
that time the shot was fired. Mr.. Schoo
was particular to avoid saying that he saw
Sullivan strike Schuelke or knock him off
his chair.
Deputy Sheriff Houghton was the last
witness for the prosecution. He tes titled
to arresting Schuelke, taking his weapons
from him, and to hearing him say on the
way to Jail, first, that Sullivan struck him,
afterwards, that he struck at him.
Mr.. Preston made the opening state
ment for the defense Wednesday morn
ing. The theory was an sdmIxture OF
insanity and self defense. l.. L. Bald
win and N. b. Kinnear testified to con-
versations had with Sullivan shortly before
the homicide, IN which expressions were
used which were in the nature of threats
against Scheulke. Photographer Allen
was called to identity some photographs
Surveyor Hill explained the measurement
on n map of the shop that was hung in
sight of the Jury. J. A. McAvoy testified
to seeing Schuelke the night before the
shooting and that he complained OF not
feeling well. Cicero Avent, f. A. Gus,
tin, i. f. Baldwin and j.. d. Russell ties
titled to seeing some sort of a mark OF
bruise on Schuelke's face within a few
days after the shooting. Henry Hartine
swore that on the 18th of April he saw
Sullivan draw a pistol on Schuelke at the
%latter's house.
Wednesday afternoon DR.. Schuelke
took the stand. His evidence was given
quietly and was listened to. with deer
attention. He gave an account of his life
from youth up, narrating his wanderings
in different parts of the world, principally
for the sake of health. Coming down tc
more recent dates, he told how some three
years ago, he received an injury upon the
side of his head in a railroad accident II
Missouri, which at the time caused con
siderable pain ard violent headaches
though not sufficient to delay his journey
He gave a vivid account of the occurrence
Of the morning of the shooting; stateC
that Sullivan came into Schools while b,
was there, began talking augrlly to him
knocked hin, off his chair and pushed hin
back toward the wall continually givipi
htNn hloNra