The record-union., 1896-04-03
THEATER COMIQUE TRAGEDY
The Killing Of Kitty Strain-Flynn by
T. G. Englehardt.
Examination of the Latter Begun
The Defense Will Claim It
Was an Accident.

I1drt appearing Tor the QeIeuOanl anu
City Attorney Brown looking out for
the interest of the State.
L. f. Strain, the brother of the dead
woman, told all he knew of the killing,
which was confined to having seen the
woman after the shooting. Englehardt,
he said, had for several months past
been in the habit of visiting her.
f. M. Reith, Assistant County Phys
tcian, described the wounds from which
death resulted
Frank L. Marshall told what he knew
Of the story. He and Englehardt were
friends, and had drank together just
before the tragedy From his story it
Is inferred that Englehardt was crazed
from liquor, as the latter had threatened
to shoot the witness, at the same time
displaying a pistol He did not see the
shooting, but heard the shot and after
ward heard Englehardt say: Il did it!
I did it!'' From his cross-examination
1t is evident that the defense will be that
the shooting was accidental.
E. w. Brice, a waiter, was near the
parties when the fatal shot was fired.
He saw nothing which would incline
him to believe that there was any diff
Guilty or quarrel between them. He
heard the shot fired, but did not see the
shooting. To his thinking, the defend
ant was comparatively sober. He had
heard Kitty Flynn say to the defend
ant: 'I'll bring it down Tomorrow" and
the latter had replied: g - you
will"
Anneta Latell, waitress, told that
Englehardt was paying attentions to
Kitty Flynn, and stated that the two
were on good terms. She was upstairs
when the shot was fired, and stated that
the defendant appeared to be sober at
the time.
Nettie G. Strain, sister-in-law of
Kitty Flynn, was in the theater the
night of the shooting. She did not see
the shooting. but got to the spot almost
Immediately afterward. After the shot
was fired she said the defendant seemed
calm until the crowd began to gather,
when he threw himself upon the floor,
and said: Il did it! did it.''
Captain of Police Ash testified to hav-
ing arrested Englehardt. The defend
ant, he said, acted as though he had
taken big dose of morphine. The story
the defendant told to the officer was that
Kitty had told him that if she had a
pistol she would blow her brains out.
The defendant thereupon volunteered
to get her one. and did so. He offered
1t to her, and she informed him that she
was joking. He then said that they
would look at the make of the pistol, and
that while doing so it went off and
killed the girl. Englehardt appeared
to be nearly crazed, and reiterated his
statement that the shot had been fired
by accident.
j. r. Brown testified that he was
Ixo, he Mo OF
which the killing was done. He heard
the fatal shot and had seen the defend
ant earlier whom, he said. was duly
sober: but did not see the shot fired. It
was rather dark where the shooting
occurred.
l. j. Simmons testified to having gone
into the theater after the shooting. He
had heard the defendant make the
statement afterward made to Captain
Ash, and corroborated the officers
statement in every particular.
y. B. Krip of Yolo County testified to
having known the defendant for four
teen years. He was present and had
seen the pistol in Englehardt's pocket
before the shooting.
Eva Howard, waitress, had seen the
defendant in company with the de-
ceased woman on the night of the shoot
ing. She was only few feet from
them when the shot was fired. She saw
Englehardt lay the pistol upon bench
after firing the shot, and saw the smoke
from the weapon. She heard him say
he had shot kitty" and when the
crowd began to gather had seen him
fall to the floor.
Her evidence ended the case for the
people. Throughout, in his cross-ex-
animation, Senator Hart had drawn
from the witnesses statements to the
effect that so far as they knew there was
no motive for the action. None of them
thought the defendant was jealous,
though several testified he had said
he expected to marry the dead woman
oil May 9th.
After a recess of a few minutes Mr..
Hart took the floor and made an able
and eloquent plea for the discharge of
of his client on the ground that no mo-
tive for the killing had been shown by
the prosecution, and claiming that the
evidence had tended TO show that the
shooting had been accidental. He urged
that up to the moment the shot was hired
the defendant and deceased had been
good friends, and no evidence OF quar-
rel had been brought up.
he deprecated StOly tOid W -heA
shall. that the defendant had threat
ened him with pistol, and called at
tentfon to the fact that no other wit
ness had seen the incident.
CITY Attorney Brown earnestly COM
bated the motion to discharge and
carefully went over the evidence and
asserted that sufficient motive for the
crime had been shown to warrant the
holding of the defendant
In summing up the evidence Judge
Davis called attention to the evidence
given, that shortly before the tragedy
the deceased had said that If she had
a pistol she would blow her brains out,
and that the defendant had procured
one and presented it to her for the pur-
pose of allowing her to carry out her
intention.
He deduced from that occurrence
that the woman may have told the de-
PENDANT that she was already married,
and expressed the wish to commit sui
eide, and that Englehardt had agreed
with her When she refused 10 do the
deed, he may have concluded TO do 1t
himself. and that up to the present time
there had been sufficient evidence to
hold the prisoner to answer before the
Superior Court.
Mr.. Hart thereupon stated that he
would place witness upon the stand for
the defense, and requested that the ex-
animation he continued until Saturday