The age-herald., 1902-04-29
Frilz Car|e on Trial on Charge
 of Murder
FATALLY SHOT IRA DUNHAM
Several Witnesses Testify That Dun- ham Said Affair Was Not Acci- dental, and Others Contra
 dict This Testimony.

Fritz Carle, young white man, is on trial in the Criminal Court charged with the murder of Ira r. Durham, young man who worked with him in the saloon run by Carle's father on South Twentieth street. Dunham was shot with pistol on September r, 1901, and the state charges that the killing was inten- tional, but tho defendant claims, and in- troduced testimony to show, that it was accidental.
 It is claimed that the two men were the best of friends and were accustomed to play and scuffle together, and that On this occasion the pistol was acci- dentally discharged. Several witnesses testified that Durham said at the time of the shooting that he knew 1t was ac- cidental
 The first witness for the state was Eu- gene Falkner, who claimed to be an eye witness of the killing. He said that he was selling lines and went in the saloon to get an order. That the two men got to throwing limes at each other and that Carle threw a rock at Durham. The lat
  seitzer bottle ard attempted to squirt the water on Durham, and that as result of the playing Carle finally pulled his pistol and shot Durham. On cross-exam- ination he admitted that he owed MT. Carle a bill. for whisky, and said that he took drink i'll his saloon that day. That when Durham was shot he walked out and told the people on the street about 1t.
 Dunham's Statement.
 Detective Cole testified that he saw Dunham at St. Vincents hospital where he was taken to be operated on. Before he died, he said that he knew he was going to die and that Carle shot him because he had a rock which Carle had thrown at him and he told Carle he had the rock and was then in the fix he (Carle) had been before and that Carle drew his pistol and shot him.
 On cross examination he said that he did not know whether Durham had been operated on or not at the time he made this statement nor did he know whether he was under the influence of opiates.
 Dr. c. A. Fox testified that he was at the hospital when Durham made this statement. That he had told Durham he was dying and he heard him say to Cole that the quarrel arose over some game him. He picked up the rock and Carle asked him if he was going to throw the rock at him and he said yes, and then Carle shot.
 On cross examination he said he was with Durham in the operating room and that Carle was there and he heard Dun ham speak to him, but did not hear what ly clear at the time.
 Were Only Scufflng.
 The state then closed its testimony and Tom Taylor, colored, took the stand as the first witness for the defense. He tes- tified that at the time of the shooting he was tending the colofed part of the sa- loon and was present when Durham was shot; that there were two colored men and two white men present. MT. Carle and MT. Durham were in the habit of playing, and were playing at the time of the shooting. MT. Carle had seltzer bottle in his hand, and MT. Durham said to him: Let her come" MT. Carie tried to throw the water him but none came out of the bottle, and he grabbed his gun, and MT. Durham said again: Let her come," and the pistol fired. MT. Dunham said: "Oh. I am shot" and MT. Carle ran to him, exclaiming: Harry. you are not shot" He then sent for doctor. The witness testified that he heard Mir. Dunham say to policeman that 1t was an accident.
 John Savoy, colored, testified t!c1t he was present at the shooting and that it was an accident MT. Carle, he said, had pistol in one hand and the seltzer bot tie in both. The bottle slipped, and in grabbing for 1t the pistol was discharged.
 Policeman Richardson testified that he heard Durham say to Carle just after the shooting: T know you did 1t acci- dentally."
 Policeman McCollom testified to the same effect.
 Dr. G. B. Copeland, who performed the operation on Durham, testified that he heard Durham say after the operation that 1t was an accident. Policemen Burke and Thompson and Ben Strange testified to the very friendly cations of Carie and Durham. Dr. Duncan testihed to seeing Durham just after the shoot ing, and in reply to question l'unham said the shooting was accidental. J. C. Adams testified to the same effect. court then adjourned until 9:30.