Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1906-07-14

sheriff into the house, the case for the
prosecution was closed.
Attorney Flynn, who opened the case
for the defense, outlined the course
they proposed to pursue, which was
substantially to the point that the de-
fendant Barieu had reason to believe
his life in imminent danger and that
his action was justifiable from the
STANDPOINT of self defense.
The defendant, Walter Barieu, was
called to the stand to testify in his own
defense. He stated in effect that on
the fatal morning he, in company with
others, went to the Jewell saloon where
he took one drink of wine, which made
him sick and he went and lay on the
lounge. While there the woman, May
Biggs, told him to go home. He pro-
tested that he was i'll and begged that
he be permitted to remain. She re-
mained positive in her orders, however,
so he proceeded to leave the place.
The woman thought he was not travel
ing fast enough and proceeded to push
him along, when he struck back with
his elbow, hitting her on the arm. She
began to scream and he heard someone
coming hurriedly and the next thing he
knew he received blow which knocked
him down. He got up and was downed
a second time by blow. He was try
ing to back out of the house when he
was struck on the head with some
heavy instrument and then he noticed
that his assailant had gun, so he drew
his pistol and fired shot. He finally
succeeded in getting out doors wher
he drew his pistol and fired four more
shots at the man with the gun who wal
still following him up. In his back
ward retreat, he fell off the porch ant
Logan jumped upon him and a struggl
for the possession Of the weapon fol
lowed. While they were thus engage
he was repeatedly struck upon the hea
by someone until Deputy Sheriff Hicke
placed him under arrest. Barrie
claimed he was not acquainted wit
Sheriff Logan, had never seen him be
fore and did not know at the time VIII
his assailant was.
All the testimony having been sub
mitted Hugh Percy opened the argu
ment for the prosecution, speaking
about half an hour, and was followe
by P. A. McCarran for the defense
Mr.. McCarran, while always eloquent
excelled himself on this occasion an
spoke with feeling that brought tear
to the eyes of many in the court room
He was followed by S. P. Flynn tn
senior counsel for the defense. MI
Flynn, spoke at length reviewing tn
testimony and delivering very abl
argument in behalf Of his client. Dis
trict Attorney Pittman who closed tn
argument for the prosecution, handle
the matter in mastery manner an
made an eloquent plea in support of tn
, dignity of the law.
Judge Breen delivered very in
partial charge to the jury, and thos
who were to decide the fate of the ma
at the bar of justice retired for delibel
alton at 1925 p. m. yesterday.
For the entire time during the trii
the jurymen were in charge of an
under the close surveillance of deput
: sheriff. They were permitted to col
e verse with no one, nor were they q
e lowed to discuss the merits of the cal
e among themselves until the prop,
r time, Cots were provided for them
t the court house, and they appeared {
, the streets only at meal times, and the
always in charge Of the deputy.
: At $50 this morning the jury r
! turned its verdict Of not guilty,
d stated above, and the prisoner was di
d charged from custody.