The record-union., 1896-12-20
IT WAS IN SELR-DEFENSE.
Ah Kie, the Slayer Of Frank Peters
Nevis, Discharged.
The Son of the Deceased at Last Tells
the True Story of the
ARRAY.


Island on the 4th inst. had his prelim-
mary examination before Justice Hen
Ty yesterday, the prosecution being con-
Quoted by District Attorney Ryan and
the defense by Charles 7. Jones
Bruce S. Knott was the first witness
and testified that being requested by
District Attorney Ryan to do so, he had
taken the statement of Nevis before his
death. He read the statement, which
was to the effect that Nevis saw a
Chinaman in front of his barn about
half-paSt IL that morning and told him
to go away, and the Chinaman stabbed
him.
DR.. F. NJ Reith, who performed the
autopsy for the Coroner, testified as TO
the position. of the wound and its eX-
tent. 1t would not necessarily nave
been fatal if Nevis had had proper and
immediate attention He also examined
the head of the defendant that day and
found a confusion on the back of it and
under the left ear.
Deputy Sheriff a. r. Harvey of Isle
ton was called to Ryde's Landing to
take charge of the Chinaman after he
was arrested. He found him in the
room with Nevis, who said, That is the
man that cut me-" The Chinaman told
witness that Nevis struck him on the
head with fence board and he drew
a knife to defend himself with. Then
Nevis got a pitchfork and he cut him
in self-defense The Chinaman had
confusion on his head. Nevis had the
reputation of being very quarrefsome
with Chinese.
DR. A W. Stuart told how he ar
rested the Chnaman, who made no re-
sistance, but said He fight me; l cut
him." In looking over the place where
the fight occurred he saw a pitchfork
living near the barn, and about fifteen
feet from the Chinaman's basket.
w. c. Kesner corroborated Stuart's
testimony.
Joseph King found a knife scabbard
on the ground near where some mush-
rooms were scattered around.
David Donnelly had also seen the
scabbard. the basket and the mush-
rooms on the ground where the cutting
took place.
AFTERNOON SESSION.
The first witness called after recess
was Antoine Vara, rancher living op-
posite Freeport He knew the deceased
for about eleven years, and was at his
residence on Grand Island the day be-
fore he was killed. He was going to
buy some potatoes from Nevis, who was
his nephew He was at the house at the
time of the trouble, which was just
when dinner was called.
Nevis was Just coming from the barn
with his hand on his side. The boy was
with his father He heard the boy
halloo and went out. The boy was cry
ing that his father had been stabbed.
Nevis fell right beside him when he
reached him, about eight steps from the
barn. He did not see the Chinaman.
Nevis was coming and fell before
him. He paid no attention to the Chlna-
man He did not know at that time
who it was that cut deceased.
Manuel Soto and Mrs. Nevis had gone
out of the house ahead of him. Soto
did not have the courage to take hold
of deceas sed No one went after the
Chinaman. They were all looking after
the deceased. They took Frank into
the house on a board. 1t was some time
afterwards before they went out TO the
barn He then saw no pitchfork. But
when he went to feed the horses some
time after he fed them with fork that
he found in the hay.
He saw no fork on the road to the
barn. 1t was about = o'clock when he
went to feed the horse.
Cross ss-examined by Jones, he said
Nevis married witness niece. De-
ceased's boy came in and said his father
was having trouble with .Chinaman.
and they all went out togethef and found
Peters about eight steps from the barn.
Deceased had his hand on his side and
said Il am going to die" He then fell
down. He did not see either the basket
or the pitchfork then. He did not know
who put the pitchfork in the barn. He
did not know the Chinaman.
WHAT THE BOY SAW.
Joe Peters Nevis, son Of deceased 10
years old, stated that he went to school
and could read and write. He was With
his father at the time of the trouble.
He had gone out to see him clean the
horses.
Father asked the Chinaman where he
got the mushrooms and the Chinaman
said In the tules" The Chinaman
had basket on his shoulder, which he
dropped. The Chinaman said he had
mushrooms in his basket He had a
knife in sheath. He threw the sheath
away and "sticked" his father with the
knife. Father had nothing in his hand.
He had Just been cleaning the horse.
Father said nothing when he was cut,
but went by the side Of the ditch. The
Chinaman walked away without his
basket.
The boy proved most trying witness,
and IL was with the utmost difficulty
any answers could be obtained.
Father said. God damn hell" and
tie Chinaman went for his father. He
did not hit the Chinaman. The China
man pulled the knife from his boot.
At this point Attorneys Ryan and
Jones gave the witness up, as he stub
bornly refused To say what his father
was doing at the time. After everyone
had taken him in hand in turn il was
finally drawn out that the father called
the Chinaman a son of gum His
father had nothing in his hand.
Justice Henry stated that with such
q witness he could not place much reii-
ance on his testimony. Another effort
was made by the Justice. but the boy
still hung down his head and remained
obstinate, and he was finally sent out TO
fetch his mother.
Annie Peters Nevis, the widow OF the
deceased, came in looking sick and dis
tressed. She said her husband was rs
or A years old. They had been married
fourteen years and had lived at Grand
Island during the whole time The trou-
bic occurred when she was setting the
plates for dinner. She did not know