The record-union., 1892-04-30
LOREN USED A KNIFE.
The Details of a Bloody Fight Near
Folsom Recently.
How Fankhauser Was Slashed-The
Prisoner Declares He Did it in
Self-Defense.

Inc preliminary examination ofCharles
Loren, charged with having made muir
derous assault with a knife upon D. G.
Fankhauser, took place before Justice
OF the Peace Henry yesterday.
Deputy District Attorney Buckley and
Lincoln White conducted the prosecu-
ton, while Charles T. Jones and w. II.
5. Scott appeared for the defense.
Fankhauser took the witness stand and
gave his version of the assault. He and
Loren live near each other on the line of
the Placerville road, few miles this side
OF Folsom. Last Saturday afternoon, he
said, Loren came to his place and de-
manded that he release from corral
some of his tLoren's) horses which had
been annoying witness, and which the
latter had imprisoned. Fankhauser said
that he told Loren that if he wanted the
horses he could get them and take care Of
them. After some words Loren attacked
him, and they engaged in a roughand-
tumble fight.
Fankhauser, continuing, said he con-
sidered himself the equal of Loren,
physically, and thought he was holding
his own with him in the struggle, but
suddenly he heard his wife call out to
their hired man to separate the COM
batants, and save the witness, as Loren
was using knife.
The witness looked and saw the weapon
in Loren's hand. After the fight had been
stopped the witness found that he had
been cut in several places.
The knife was produced in court and
FankhauSer identified it. The blade had
been broken off in the struggle and
Fankhauser volunteered the opinionsthat
this accident was all that saved his life.
Being croSS-eXamined by Loren's at
torneys, Fankhauser said he drove
Loren's horses into the corral because
they were out on the road and were
reaching over his fence and eating his
grain. lie denied that he called Loren
vile names or threatened to whip him.
lie Acknowledged, though, that during
the fight he seized Loren's neck with
his teeth and chewed it vigorously; also,
that he poked his thumb in Loren's eve.
DR.. Z. NJ. Slayback testified that he
dressed several cuts on Fankhauser's
person. The wounds were painful, but
not serious.
Mrs. Fankhauser and the hired man
corroborated the story given by the COM
planning witness, as did also a Mr.. Sweet.
rank khauser's clothing was exhibited,
showing numerous blood stains and
knife cuts, and the prosecution closed.
Loren testified in his own behalf for the
uSiSHSSs ne Sdll IDdG L dnh hlduS6r was
the aggressor throughout the difficulty.
He called the defendant vile names and
thereatened to ''lick' him. Finally Fank-
hauser struck him. They clinched and
fell to the ground together. Then, said
the witness, Fankhauser, instead of
fighting fair" began to chew his neck
and tried to blind him by iabbing his
fingers into his the witness') eyes. Be-
ievlng his life in danger, he drew his
knife and used it in self-defense.
Numerous witnesses were called. who
testified that they had known Loren long
time and always found him quiet and
peaceable. On crOss-examination, how
ever, the witnesses said that Fankhauser
was usually peaceable, too.
When the defense closed the attorneys
on both sides submitted the case to the
court without argument.
Justice Henry had not made up his
mind in the matter. and took the case un-
der advisement. He said he would rem
der decision to-day. Subsequently,
however, he remembered that he was
billed as one of the attractions at the
Grangers' picnic to-day, and will not
give his decision until Monday.