The Wadsworth dispatch. [volume] (Wadsworth, Nev.) 1892-1899, 1899-04-08
REEDS TRIAL.

O'Clock Tuesday evening and verdict
OF not guilty was returned by the jury
Wednesday morning. A DISPATCH re-
porter attended the trial and the report
sent to this office was miscarred. Judge
Curriers' instructions to the jury and his
an able man on the bench and one who
is destined TO go higher. We intended
to give the public copy OF the instruc-
tlons, but circumstances prevented.
The defendants statement was in sub.
stance as follows: Name is Howard P.
Reed, aged AZ years, machinist by trade
but but have been prospecting lately in
Olinghouse Canyon with James Shepley
as partner. Have two claims by our
selves. Built q cabin in Olinghonse
Oct. %, 1898. Did not see or know
Avery at that time. First saw him after
the first of November. He came to our
cabin with Williams. Helped Avery
fix his tent that day. He lived in tent
a week and then offered him privilege of
my cabin and he accepted. Lutz left
and Reed and Aver began to work one
day on Reeds claim and one day on
Avery's. Gave Lutz permission to stay
in the cabin after he stopped working
for us. Put up bunk and gave it to
Avery. l slept on the cot and gave
Avery my bunk. When Lutz left Avery
took Lutz' bunk and | took the one
Avery had been occupying. After Lutz
left we commenced cooking together and
Mr.. Shepley furnished the most of the
supplies. When Avery came in he had
about weeks supply and when that
gave out he use1 our supplies. Shortly
afterwards took the grip and prior to
Feb. 1S took the measles, about the
9th or 7th of Feb. Then went to cabin
and stayed a week. The relations be-
tween Avery and myself were pleasant
altogether. On Sunday the 18th he
suggested to me there was vacant
piece of ground on which the cabin
stood and he wanted me to put loca-
tion notice on it. | did not take much
notice of the offer at first, | did not
think the cabin was on the ground at
first but found afterwards it was and To-
Gated the ground there had been at
some time mining claim there. 1t was
supposed the cabin was on a placer
claim belonging to Griswold who gave
me permission to build the cabin there
| made the notice and put the names of
Jas. Shepley, Ii. p. Reed and q. W.
Avery and put the no'ice on the stake
on the claim. The notice was not plac-
ed on record. | have owned the rifle
since it came out, it is model of '92. |
had also in the cabin double gun that
have had for years. Avery was at lib
erty to use these guns at any time.
Avery at times used the double gun, |
met him when he had it on the 10Th OF
Feb. He used it to kill rabbits. Went
to Wadsworth on Feb. IA and left the
18th Wednesday Shepley's little girl
had the measles and l stopped at the
Wadsworth Hotel. | went to Judge
Hummel's Office and got some papers
for Avery. took them up to him. 1t
was my custom to get up at 5 a. m.
Hearing Mr.. Avery stirring that morn
ing we looked at the clock and it was
5 80 a. m. He made me a cup of tea.
Avery sat on box between the table
and the stove. The defendant showed
where Avery sat by the diagram of the
cabin. He sal there facing me and ate
his breakfast. He turned without NOV
ing from the box and toek his morning
smoke for about ten minutes, then
got up and picked up the dishes.
He piled up the dishes and took the
water bucket and went to spring and got
water. AS he got up and piled up the
dishes he blew the candle out. The
last thing he diu before leaving the cab
in was to get the water. He got the
water, asked me if | was able to stay
alone or 1 hours and l told him yes
| went to bed, nv head TO the west
The winchester was under the mattress.
The quilt was small aud partly under
the mattress. Had heavy blanket that
was folded. had a cough at that time
and in raising on my elbow to spit
grasped the blanket. | thought Avery
was gone to work started to get up
and gripped the gun III the mattress as
started to get up. Avery came in quite
suddenly. He took the broom, don't