The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-11
VERDICT OF GUILTY.
Brackle Convicted Of Murder i'm
Second Degree.
AN AcQu,TTAL WAS EXPECTED.
3hs DsHsnssss swore John satti Fired
the sAot-suis Over Big Jadg-
mont Claim-BlotteP.

John c. Brackle was convicted Of muir.
Asr in the second degree in Judge Humes'
department Of tho superior court yester-
DAY. A verdict was reached BY the Jury
after only thirty minutes deliberation, and
q $50 in the afternoon Judge Humes was
summoned from his private room and the
verdict rendered. The crime which
BrackIe was charged with having commit
"a was the killing of Nicholas Straussner
at Gilman on November g. A fight was
alresdy in progress when Brackle went to
~ assistance of man named Dobson, .
shot was fired. Brackle was found with .
pistol that had just been discharged in his
hand, and Straussner lay shot through
the body. The verdict was . surprise to
those who heard the evidence.
At $50 O'Clock in the morning the case
VS. taken up and Brackle explained the
way in which the shot was fired, and how
the pistol came into his possession was
also told by him, while John Dobson, .
witness for the defense. who was within
Sew feet Of Brackle and the Sutti brothers
when tho shot was fired, testified that the
latter did not run away until after the
shooting occurred. He thus directly con-
tradicted their testimony that they were
not present when the shot was fired, and
corrOborated much of the testimony ad-
duced Thursday.
John Dobson testified In substance that
he was assaulted by John and Henry Sutti
end Nicholas Straussner, and that one 81
the Suits threatened him with pistol.
He also said that he Was beaten and kicked
until he cried "help" and murder"
While he was lying on the ground Brackle
came up and pulled OF the two Suits,
Who then fell upon the latter. and that il
vas about this time that the shot was
hred. He was unable to see, however,
Who fred 1t.
Brackle testified taat he went to Dob
sons rescue and was knocked down and
Kicked by the two Sutti brothers. He
swofe positively that John Sutti, the
larger OF the two brothers, drew q pistol
and thrust it into his face. He stopped
suddenly TO avoid the shot. which went
over his shoulder and struck Straussner,
Who was standing behind him. He ex-
planned his possession of the pistol by
9aying that rs soon as the shot was fired
b grasped the weapon by the barrel,
vrenching it from Suits hand. In the
struggle the pistol tell to the ground and
NC OuStA OIOSueTS ltnuIeui8bcty COOk I'D
Hight. His testimony as to the fight of
The Suits was corroborated by that of
Borroughs. Mrs. Donant, Dobson and
eAnner, and was contradicted only by the
Dattis themselves. The only witness who
has claimed to know who fired the shot is
Drackle himself, for the Suits testified to
having left before the shooting took place,
and the other witnesses Of the affair said
that they could not tell who fired.
The opening argument for the prosecu-
don was made by r. v. Davis, of Gilman,
md that tor tho defense BY 8. Fl. Piles.
cosing arguments for the defense and
Hosecution were made by Deputy Prose-
enting Attorney Mcbride and e. p. Dole,
lespectively.
After the trial both the counsel for the
defense expressed themselves a. aston
jshsd at the result. since they believed
shat not only had the state failed to prove
the prisoners guilt beyond q reasonable
doubt, but that he had proved his inno-
nee. Mr.. Dole continued: ut is one
cf those unexpected and unaccountable
verdicts of which every lawyer has seen
occasional examples. We shall apply for
new trial"