The Coconino weekly sun., 1895-08-15
GUILTY OF MANSLAUGHTER.
The Trial of Gus Mudersbach for
 Killing Wm, Klostermyer,
STORY OF THE SHOOTING.
The Jury Return a Verdict of Man slaughter. With Il Recommends ton for Mercy-Sentenced to
 Yuma for Seven Years.


 Friday was given to finding jury for the trial of Gus Mudersbach for the murder of William Klostermyer at Bellemont on May 29th.
 The selection of the jury was finished at the adjournment of court, and they were not, as has been customary here tofore, allowed to go to their homes and placesof business, but were placed in charge of bailiffs and kept within the courtroom during the night, and until they rendered their verdict Sun day morning they were not allowed to separate.
 The jurymen selected were Al Grady, F, E. Burke, M. M Fisher, Samuel Douglas, George c. Morse, E. k, Jones, w. E. Hochderffer, J. M. Bran- nen, G. H. Coffin, Charles Mclean, J. w. Francis and Albert Alvord The jury was an intelligent one, being in this respect far above the average.
 The attorneys for the defense were E. S Clark, E. s. Gosney and w. l.. Van Horn. For the Territory District Attorney Jones was assisted by T. s. ]
 Bunch of Navajo county.
 Saturday was spent in hearing the evidence and the arguments of the attorneys. The evidence was about all the same by the witnesses and the same as elicitcd at the coroner's in- quest No new evidence was intro duced by either side.
 The case was given to the jury at 7:30 Saturday evening. The judge in- structed the jury that they could render one of three verdicts-that the defend ant is guilty of murder, that the de- fendant is guilty of manslaughter, that the defendant is nc guilty.
 Sunday morning at J:4 the jury had agreed upon Il verdict of man. slaughter, with recommendation for the mercy of the court. The extreme penalty for man. slaughter is ten years, and Monday afternoon Judge Hawkins sentenced Mudersbach to Imprisonment in the Territorial prison at Yuma for seven years.
 A motion for q new trial was over ruled, and an appeal will be taken to the Supreme Court, which meets in January, 1896.
 The crime for which Gus Muders- bach now suffers was committed in Bellemont on May 20, 1895. Kloster- myer and Mudersbach were both own- CTS of bands of sheep, and in driving a band of sheep to the shealIng pens at Bellemont Kiostermyer drove his sheep through the range of Mudersbach, and in so doing he picked up number oi the latter's sheep.
 A demand was made upon Kloster, myer by MuderSbach for the sheep, but the former declined to "pull" them until they were placed in the shearng pens.
 Mudersbach came 10 Flagstaff and obtained a writ of replevin, and taking Constable Dickinson with him he re. turned to Bellemont. The writ wa: served on Klostermyer, and the pro ceeding incensed him. Meeting Mu derSbach in front of Payne's place ht commenced to abuse him. The mer had quarreled before and Mudersbacl had got the worst of it. In his tall Klostelmyer made a motion with hi hand that Mudersbach mistook for ; motion to draw pistol. Without |; moments hesitation he drew his pisto end shot Klostermyer. Three shot were fired, one going through tn, heart, instantly killing KIostermyer On examination it was found that, al though having carried gun for years K.ostermyer did not have one on hi person, but had left it at his ranch.
 The Williams Jail.