The record-union., 1896-05-03
SHEPLER Was DISCHARGED.
The Evidence Showed RenfTO to Have
Been the AsSreSSor.
The Defendant Justified in Striking the
Contractor on the Head With
Gun.

Ihe preliminary examination in the
case of j. c. Shepler, charged with hav-
ing assaulted W. j. Renfro with dead
~ weapon. was held before Justice Da-
Wis yesterday, and he was discharged.
Shepler on Sunday last struck Renfro
on the head with shotgun at the house
OF Mrs. Maranda Chapman at Twenty
first and streets. Shepler and Mrs.
Chapman are cousins, and the former
is. as was shown by the testimony. the
head of the household, being the natural
protector of Mrs. Chapman and her lit
tie children. The trouble grew out of
the plans for the construction of a
house Renfro was negotiating to build
for Mrs. Chapman, and the legal battle
appeared to hinge upon whether or not
Shepler had sufficient authority to or
der Renfro to leave the premises.
DR.. Gundrum testified to having at
tended Renfro and described the nature
of the wounds.
w. J. Renfro, the prosecuting wit
ness, testified that the difficulty oc-
CURED at the house of Mrs. Chapman
on street, near Twenty-first He and
Shepler had some words concerning the
plan of a house to be erected for Mrs.
Chapman. Shepler ordered him out of
the house, at the same time calling him
vile names, and going into another
room returned with a shotgun, with
which he struck the witness on the head,
infiicting the wounds described by DR..
Gundrum
Cross examination of the witness by
H. w. Johnson showed that Shepler
was the head of the household and that
Renfro had been referred to him by Mrs.
Chapman. When Shepler ordered the
witness from the house the latter de-
termined to suit his own convenience
and not so until he got ready. He con-
sidered himself the physical equal of
Shepler, and was not at all afraid.
Shepler warned the witness that if
he did not leave the house he would be
elected, but stopped in order to have a
last word with Mrs. Chapman.
For over an hour the witness talked
on, making elaborate explanations of
situations immaterial to the case, until
at length he declared himself as being
talked to death. Nothing of further i'm
portance was elected.
Mrs. Maranda Cha pman testified that
when Shepler entered the room with the
shotgun, after having ordered Renfro
to leave the house, the latter advanced
toward him with a chair raised, and
that when knocked down by Shepler he
fell into the door through which the
later was coming. To the witness it
seemed that Renfro was attempting to
assault Shepler and that he had pro-
voked Shepler to use the gun. From
the middle OF the room Renfro had ad-
vanced toward the door with chair
raised in a threatening manner. There
he was met by Shepler, who knocked
him down, striking two blows before
Renfro fell.
D. Il. Gullion testified to having had
a conversation with Mrs. Chapman rel
ative to the trouble. He corroborated
the statement made by her.
City Attorney Brown intimated that
statement signed by Gullion did not
tally with his evidence.
The prosecution rested, and Attorney
Johnson said that while he was entitled
to discharge for the defendant, to
clinch the matter he would ask him to
take the stand.
Shepler's testimony corroborated that
given by Mrs. Chapman, in almost
every particular, and when the case
was submitted the defendant was dis
charged, the evidence being deemed in
sufficient to hold him to answer before
the Superior Court