Amador ledger., 1905-10-27
TRIAL OF THOMAS w. FREEMAN.
For Assault With Intent to Kill.


John Rider, was commenced IN the
superior court last Monday 1t took
all of the first day to secure the jury.
The following we're finally sworn to
try the issue: f. A. VOORHEES,, George
Courtright, W.O. Green. John Eckart
o. E. Myers, John q. RAIDER, Jos.
Carpenter, Chas. Child, A. l.. Waite,
Alex Orr, j. A. Kefter and B. Whit
field.
The defendant was represented by
K. G. Bole, appointed by the court
to defend the accused. Before the
jury was impanelled, he outlined
the defense, that the plea of insanity
would be raised, and wanted the
issue decided first by special jury.
Ihe court refused the motion, holding
that this matter was part of the
case for the defense, and might be
brought upon during the trial, and
the issue decided by the jury.
On Tuesday the prosecutor, re-
presented by district attorney Viclni,
present its case. The story of the
crime has already been detailed in
these columns. In short it may be
stated as follows: On the fourth day
of July Rider and the defendant had
some trouble, out OF which Freeman
emerged with damaged head. He
saw the sheriff about it, and when
advised to have the man arrested, he
replied that his father told him to
have nothing to do with the law.
Both men had been engaged in the
construction of the lone and Eastern
railroad, in the neighborhood of
Ranlett Freeman left the county,
but returned on the 18th, and on tho
morning of the 14th of July repaired
to the point near Kerr's station,
where the men were working, and
pulling pistol commenced shooting.
He shot SIX times, one shot taking
effect in Riders hip, shatttering the
bone, and gripping him for life. He
also fred at King, but his aim was
poor, and none of the other bullets
took effect. There were nine shots in
all fired, six by defendant, and three
by Sid Dooley at the defendant as he
fled. Freeman made his escape into
the greasewood bat was arrested by
constable j. E. Kelley of lone at
Conley's station on the 10th of July.
He had on him two pistols, also
cartridge belt with eleven or twelve
cartridges therein. Sheriff Norman
took charge of him shortly after his
arrest, and brought him to Jackson
the same evening. Defendant admit
ed to constable Kelley that he shot
Rider, and that he wanted to "get
some more; intimating as his reason
for shooting that they had not treated
him right.
On the train he told the sheriff that
he had slept in the greasewood the
night, of the 14th that he had expert
mented with his pistol before the
affray on tree on his way to Amador
county, and found that it was a re-
liable weapon.
The prosecution closed it's case in
chief shortly after the assembling of
the court Tuesday afternoon.
The defense directed its efforts
mainly to the point of the defendants
mental condition that 1t was such as
to make him legally irresponsible for
his actions. Messrs. Rider, Storey,
Jennings and other were examined
to this end. Rider testified that on
the 4th of July the defendant COM
menced to abuse the waiter at the
camp. They had partaken of consid-
erable beer that day, and Freeman
started to quarrel with the waiter.
Rider interfered in the walters be-
half, Thereupon defendant COM
menced to call him abusive names, i
ending in Rider throwing glass at
him hitting him over the head. He
did not consider him insane. Defen-
dant's work at the camp WAS laying
and spacing ties-a very particular
job in railroad construction. Other
witnesses testified that they consider
ed defendant little off. That he
was called bughouse, "Bible- back''
and other names. He kept talking to
himself. He was peculiar in sew
eral ways. He would invariably take
the opposing side on any proposition,
and usually wound up discussion
with the remark 'Well, l can shovel
more dirt than any of you.'' De-
fendant slept in a tent by himself
without fire OF candle. the others
rustled to furnish their quarters.
John King, foreman of the gang in
which Freeman worked. said he never
had any difficulty with him up to
July 4th. He was all right, never
told any one that he wanted to get
rid of him, never told Rider to pick
quarrel with him and chase him off
the job. His popularity was talking
to himself, but that was nothing un-
usual among the workmen.
The medical testimony as to the
mental responsibility of the accused
was divided. The defendant took the
stand in his own behalf. He admit
ed that he did the shooting, but the
burden of his testimony was in keep
ing with the line of defense, that he