Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1908-04-02
DIED WITH
HIS BOOTS ON.
Continued from First page

PRELIMINARY EXAMINATION,
Monday afternoon a prelimi-
nary hearing of the case was had
before County Judge Humphrey,
the defendant on a claim of self
defense desiring to be admitted
to bail. c. l.. Gutterson, county
attorney, appeared for the state
and Sullivan g. Squires on be-
half Of the defendant.
The following named persons
were summoned by the state and
testified: John Mcclure, Aubrey
Martin, DIR. w. e. Talbot, pat
Stevenson, N. 7. Gadd, II. A.
Moore, w. A. Shackelford, c. W.
Beal and J. S. Baisch, while John
Dietz and George o. Waters
we're subpoenaed by the defense.
The testimony of those who
were eye witnesses to the affair
was all practically to the
same effect. Their attention
was attracted by the loud talk of
Garland, who soon produced a
revolver and flourished it at San
derson a moment before beginn-
ing to shoot, Sanderson holding
| up one hand as if imploring him
not to shoot. Those who, saw
the shooting and were within
hearing distance also testifiet
that after Sanderson had fallen,
Garland shouted:"Lay there, you
s. of D. DR.. Talbot stated
in his testimony that in company
with Drs. Pennington and Dodds
they went to the undertaking
rooms to hold an autopsy on the
body of Sanderson and in prepar-
ing the body for such autopsy a
revolver was found in the pocket
on the right hand side of his
coat. He also testified to where
the bullets took effect, and their
range and the possibilities of
death resulting from either one
or both. That the one which en-
tered under the left arm, severed
the artery from the heart, pa' sed
through the body and came out
near the right nipple, would
cause death in very few mo-
ments and could not be prevent.
ed. That the bullet which en-
tered on the shoulder, passed
through to the neck and lodged
in the vertebrae, breaking the
vertebrae, would in almost every
instance cause death, although
there are cases on record where
men have had their necks broken
and lived.
) John Dietz and George o
: Waters both testified to the gen
,, eral bad character of Sandersor
! and considered him a dangerou!
man and menace to peaceable
and law abiding citizens, having
witnessed him on Saturday after,
noon, prior to the shooting
assault, without just cause OF
provocation, a solicitor for the
Omaha Bee.
i Following the testimony Of
witnesses Attorney Sullivan made
motion that the defendant be
placed under bond for his ap
pearauce at the district court ant
argued in support of the motion
Attorney Gutterson argued tina
the prisoner be not released un
der bond, but detained in Jail.
Judge Humphrey decided tina
: from the evidence presented hi
would not admit the defendant t.
Lliberty under bond, and orderet
4 that he be committed to thu
] county Jail and there safely KEEP
. to await the action of the Dis
: trict court.
: The holding of Garland to the
District court, without bail
! meets with the openly stated
opinion of practically all citizens
who have expressed themselve'
in such a manner that but littl,
sympathy is felt for either, blu
: for their families, each of whom
bear excellent regulations, there
1 A 4. 4 G.. A L.