Cañon City record., 1902-05-01

Tn. withers murder trial was call
ed in the district court last THURSDAY
byyJudge Morton 5. Bailey. Deputy
Distric, Attorney James 7. Locke and
Z. T. Richardson, of the law hrm oil
Richardson. Patterson & Hawkins
Denver, appeared for the prosecution
and Hon. Joseph II. Maupin and John
q. TAYLOR. of Denver. for the defens''.
The frst venirr of Jurors, consist
ing Of twenty -four men, wns summon
cd to the court room Mt 10 o'clock
Thursday morning. and was srssdiiy
.xban.,.d. Two special vcnire- were
then called, but at noon Friday only
,.n of III. twelve necessary TO com
pl.,e the jury had been accepted. NJ
, clock Friday afternoon Sh-rin 81
mon had another vcnirc of twelve
men in the box and at few minutes
after three the attorneys announced
,hx, they wer. ready 20 proc''-d with
the case.
In behalf Of the state Attorney
Richardson mad. the oIrsning address
10 III. jury. presenting the cas- from
the prosecutions point OF view clear
ix and logically. He informed the
,urx that the state was pf'' ''pared TO
n,ox. that tn. assault wa- made by
Ccorr, T.. Now: that the killing waS
rr,.,ncii,atsd and fcloniour, and that
Nov and Street Mccoy sought With.r-
with the intention OF dssposing OF
him.
Attorney Taylor presented the de
t.,a.nt's story of the matter. which
-. simply a plea of -elf-d-fen-e.
Only two witnesses were examined
Friday afternoon. DIR. W. t. Little
and City Engineer Clinord HAL.
Their evidence was barr statement
~ tb, fact. adduccd Mt the coroners :
,nouest, which was conducted by Dr.
Little.
The crime was committed IN the
.,or. Of o. b. Carroll. at Coaidaie.
ON ,h. ssth of las, Dcc.mber, and has
been the pincipai topic of conversation
in Fremont county since. NO motive
xx.s ever assigned for the deed, as II
WAS not kupNH iiihA WY
had existed between the two men
wi,h.rs was seated in the store on
,l,, aav of the shooting engaged III
conversation with Mr.. Hendricks, a
.I.rl In the store. when Nov and
street L. Mccoy rode up ON their
hor-es. According to the testimony
of Hendricks b fore the coroner tine
a n
two men entered the star" and ad-
vanocd to the stove, where hcndricks
,,a w,,h,rs were seated. Grcting-
of the day were exchanged, but no
word. of dispute or other evid"ncr OF
iil.feeling wen engagcd IN. Atter
shaking hands with the newcomers,
Hendricks turned TO sit down upon
n box near the counter, As he did 80
shot was fired so close to his ears
that he supposed himself assaiied,
and bo leap.d behind the counter for
refuge. Crouchiug behind sack
of peanuts, he pccred out and saw
Nov advancing upon Withcrs with
drawn revolver and firing rapidly.
Withers was retiring towards small
room at the rear of the store used
Inv himself and Hendricks as sleep
inu room. Shortly he reappcared car
rying his own revolver in his hand.
Subsequent investigation showed
that nine shots had been exchanged
Ave by Now aud four by withers.
One bullet was embedded in log OF
the building to the depth of several
inches, one passed through the board
partition, forming the two rooms and
others struck the walls of the rear
room. one hitting withers aud prov
ing fatal.
ball from withcrs' revolver plow-
cd a furrow through the counter be-
hind which Hendricks was crouching,
striking tint gentleman with snch
force AS to cause him to beiivc he had
been wounded.
After the shooting Now and Mccoy
re,nountcd their horses and rodc away
In the direction Of Cotopaxt. Meet