The Coconino weekly sun., 1895-06-06
MUDERSBACH HELD FOR TRIAL
Upon the Testimony of the Several Witnesses of the Belle
 mont Shooting.
slight Discrepancy in the Evidence The Prisoner ReIeased on Bail Satur- day Night-The Last RItes Over the Dead at the NJ. E. Church.

Gus Mudersbach has been held to the grand jury on the charge of mur- dering William J. Klostermeyer.
 At the hearing last Friday District Attorney Jones represented the people, and F.. $. Clark, the Abraham Lincoln of the Coconino county bar, appeared in behalf of the prisoner. with E. $. Gosney as associate counsel.
 Frank w. Payne, upon the porch of whose saloon the tragedy occurred, testified that he heard loud talking but did not see Mudersbach fire the first shot as he was behind the bar of the saloon. He rushed 10 the door in time to see Klotermeyer fall, as the sue ceeding shots rang out. Klostermeyer reeled in half circle, and the witness was of the opinion hat he struck the ground before the third shot was fired. The two men were four or five feet apart al the time of the shooting. The only wound was in the left side of the body, MT. Payne covered the corpse with wagon sheet and it was left upon the ground until the coroner took charge of it.
 Wallace Ford swOre thai the deseased did not advance toward Mudersbach at the time of the shooting. The witness maintained that KlOstcrmeyer, who had been storming at Mudersbach for several minutes, turned toward Officer Dickinson and asked. "Do you think it right. Billy, that l should have to stand this?" Then, said Mir. Ford, the firing commenced.
 Charles Douglass said that Kloster- meyer remarked among other things that the man that swore lo what was in the wri. of repleven swore to Il - lie. and as he stepped toward Muders- bach the latter opened fire. The de- ceased was falling when the last shot was fired
 Constable w. G. Dickinson, who served the fatal papers, told how he advised "Missouri Bill" to settle the trouble in d lawful way. The officer said that the deceased was dressed in overalls and a navy blue shirt. and during the verbal warfare he enter tained strong suspicion that Kloster- me, CT had a weapon concealed in his shirt front, which bulged like there Was an object there, although he could see nothing that would confirm the suspicion. He arrested Mudrrsbach, who expressed d willingness to go to town.
 J. V. Fisher said he was only three feet from Klostermeyer when the bull lets flew. The deceased made il threatening movement toward the de- fendant, at the same time batting his right hand in his pocket. Then Mudersbach fired,
 Undertaken Whipple examined the body carefully. During the process of embalming, he thrust rubber instru- ment into the wound and was enabled to trace the course of the bullet through the body. The ball came out under the shoulder. With the excep- ton of some bruises on the face caused by the fall. there were no other wounds on the corpse. SO that two of the shots must have gone wide.
 The testimony of William Inman. Thos. Ortiz and Dionicio Yvarallo was practically the same as that of the other witnesses. Inman was in the saloon when he heard Klostermeyer cursing. He asked who 'Missouri' was wrangling with and when some- one replied Mudersbach. another man said. "Hell's liable to pop" Dickin- son had stepped between the men several times and after the first shot, klostermeyer staggered of the porch. He didn't live moment scarcely after the bullet struck him.
 Dionicio Yvarallo was directly be. hind klostermever when the latter began to dodge the bullets and he acknowledged that he was SO fright 'ened he never knew how many shots were fired.
 Nr, Clark offered no defense or ar ginpent. He simply read the statute defining tha various phases of homicide and submitted ihe case. Mr. Jones also submitted his side without any argument and his honor took the mat ter under advisrment until 6 o'clock in the evening. Justice Prime then an- nounced that he would hold the pris- oner in $4.000 bail. Andrew Kleln, John Mudtrsbach and Jeff Newman signed thp 5"nd and the defendant was released Saturday night,
 All that was mortal of Wm. !. Klosiermeyer was laid to rest in ,hr 0"mstery last Saturday morning. Alp BrOWiate Servicts were held at the NJ. E. ehnrrh, where the widow and friends of ihe dead inap gathered tn hear the solemn rites. Rpv. c. r. Nugent officiated. and he glass top f the casket was uncovered SD lh those who desired might look on the face ot the dead for the last time. Tine appropriateness and fiji inds of Ms. Kloslrrmeyer express the deepest sl m-