The herald., 1896-07-10
CZARSKE MURDER TR|HIL
Apparently a Straightfor-
ward Case
BUT A VERY CURIOUS OPENING
A Large Claim for Constructing
Dam
BRYANT TEMPORARILY FREE
"csp" Spilman Promises to Uufold a
Sensational Conspiracy
BRYANT TEMPORARILY FREE
The Disbarment Proceedings Against W. 7.
BIakely Dismissed
Carpenter, Hanna and i1itcheIi. the Bogus
Bill Men Informed Against - Sheriff
Sued-An Insoivent Firm-New
Citizens Court Notes

The trial of prisoner on the capital
charge always serves to attract to the
courtroom crowd of idlers, and also the
morbidly inclined, who follow the testi-
mony with all the eagerness peculiar to
the regular habitue.
Just now Department One Is the scene
of attraction. Elisha Bennett is charg-
ed with having murdered Fred Czarske
in his saloon on Third street on the 9Th
of March. So far as previous investiga-
tions have enlightened the public re-
garding the act of killing itself, and also
the acts of both Bennett and Czarske
Immediately anterior to the killing, 1t
would seem to have been very COM
monplace murder committed by the de-
fendant when drunk, and without provo
cation.
The defendant is now on trial. how
ever. and the defense to be set up is
that Bennett committed the act when
threatened by his victim, and when in
fear of his own life.
With considerable difficulty jury was
obtained. the panel being completed at
noon yesterday. The following are the
gentlemen sworn to try the case:
c. X. Taylor w. r. Martin, Harrison
Fuller Charles II. Gardner, j. T. Had
dox d. N. Cate, John A. Rivers, p. P.
Livermore. ]. A. Smith, c. w. Lane.
Daniel Jones and C. ]. Mcintyre.
The People are being represented by
c. c. McComas, Esq, of the district at
torney's office, assisted by H. BECKER
Esq. the defense being conducted by
n VNCr aNI LNar,
"A certain amount of interest has been
injected into the case by the line of de-
fenSe likely to be adopted. but in ad-
dition, the opening of the trial has had
an interest altogether apart from its
inherent merit one way or the other.
From the outset yesterday counsel for
the defense persisted in objectlng to
questions put by the prosecution of all
kinds: to the form of the questions;
to those other than those tending to
elicit information regarding the actual
killing; to those which might draw forth
testimony tending to eSns Fe5 foak on p,see sse
between the men during the early part
of the evening.
The law throws it's protecting arm
around a prisoner and guarantees a
fair and impartial trial, but, in essence,
it does not connive at securing for pris-
oner delays by means of multitudinous
array of technical objections which
when ruled upon by the court one way
or the other. scarcely serve to expedite
justice but form the basis of appeal.
and all the delays incident to decis
ion by the court of last resort. The de :
fenSe was religiously oVerruled by Judge
Smith yesterday in almost every in
stance, but if the first afternoons eX
perience can be accepted as any criterion
then the bill of exceptions, should the
defendant be convicted, promises to be
quite Voluminous.
One other curious feature of the trial
may be noted, and that is that of the
three first witnesses examined, all OF
whom We're present at the time of the
murder neither one could tell really
straightforward and lucid story of the
trouble. Jim" Mcdowell .brother-in-
law of the deceased, was fluent enough.
but his narrative was diSjointed, and
it was with great trouble that Mr. Nc
Comas eXtorted the facts in anything
like reasonable sequence.
Witcher and Terrill. the two other
witnesses examined, could tell what they
saw, but failed most lamentably to re-
member anything said by either Ben
nett or Czarske and yet McDowell's tes-
timony went to show that the defend
ant used language, even before the wife
OF Czarske, that would have made the
hair of the proverbial Billingsgate fish
wife curl with envy
on the night of the tragedy he tended
bar for his brother -in-law for the first
time. Czarske took off his apron and
came from behind the bar and he took
his place. At that time Bennett and
others were standing at the bar drink
ing. Il put up some drinks" said the
witness, "and then they had another
round at Benefits expense. A little
later he set them up again ana asked me
TO join in. Czarske was standing and
drinking with the party. Bennett was
very boisterous but thonght at the time
he was merely joking. One of the party
rode bicycle around the saloon. using
just the one wheel In fun remarked
that every farmer rode bicycle these
days. Bennett seemed veXed but or
dered up the drinks again., ] reached
down to get the bottle of whisky when
Bennett hit me on the head. He seemed
vicious and said, You ------, come
out here He began to take his coat
on sun using strong language, when
Czarskc restrained him. striking him
with the back of his arm Bennett fell
TO the floor and tried to grapple Gar.
ske by the legs. The latter returned to
the par and commenced talking with one
Burke. The defendant got up from the
floor and after leaning against the wall
1or a rev moments, came up to the bar
ana struck at Czarske in front of Burke.
1t was only when he struck that saw
the knife in his hand"
That essentially was the testimony of
the witness, with the additional facts
ellcited later that Mrs. Czarske came in.
as was her usual custom, to take her
husband home in the buggy. The foul
tongue of Bennett did not spare her. de-
spite of the remonstrances of McDowell
and Czarske.
DR.. T.. A. Bryant, the police surgeon.
testified to the nature of the wound and
to the death of the deceased, and then
James Witcher took his place on the
witness stand.
He testified to having gone into the sa-
loon about o'clock with Terrill and
Hutchison to play pool. He corroborat-
ed the previous witness as to the acts
of the defendant and the deceased, but
displayed a woefully incompetent mem
ory as to what was said.
j. Terrill, who was in the employ of the
Los Angeles Water company also failed
to remember much of what was said
but WAS testifying as to the acts Of the