The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1908-09-04
MURDERER dunn HAS
A PRELIMINARY
HEARING
THE HEARING is ON CHARGE OF
MURDER OF FIRED SAMUEL
son NEAR sPEARFIsH.

The Defendant is Held to Circuit
Court Without Bail and Re-
turned to Jail.
Deadwood, September 3.-Chas.
y. Hayes was this morning brought
efore e. Rose for preliminary ex-
animation on the charge Of the muir
der of Fred Samuelson, on the night
Of the 9TH of August, 1908, on the
ranch of George Schar, about one
mile west of the town of Spearfish,
Lawrence county, South Dakota.
Hayes was brought into the court
oy the sheriff Of Lawrence county
accompanied by several deputies.
The state was represented by States
Attosney Robert P. Stewart and the
defendant by Messrs. Robert G..
Hayes and John Hebron. Quite
number of witnesses were present
md a small audience of the curious.
The case opened by the defense re-
1uesting that the witnesses not un-
fer examination be excluded from
The room during the hearing, and
they were sent to the firemen's par
Tor on the second floor OF the city
hall, and were brought in as called
for. The defense also reqcested that
the testimony be reduced to writing,
as directed by the statutes of the
state, when such request is made.
This was also complied with in that
the testimony might be taken by
the court stenographer, who was
present, in shorthand, and then be
Transcribed and filed with the clerk
OF the court. The witnesses for the
prosecution called at the examina-
ton were DR.. Elmer A. Jones, OF
Spearfish,- DR.. Frank s. Howe, cor
oner, George G. Hall, undertaken at
Spearfish, Harry Wilson of Spear
fish, Lena Schar and Emma Schar.
Lena Schar-the woman in the
case-was called to the stand and
testified as follows:
She gave her age as eighteen,
and said that she was the daughter
of Mr. and Mrs. George Schar; that
on the evening of the 18th Of August
she and her mother, accompanied by
Fred Samuelson, between eight and
nine O'Clock, proceeded to the cor
raj, to milk the cows. AS there were
only three of the nine COWS in the
corral the mother proceeded to the
pasture to find and drive the others
home, while herself and .Samuelson
proceeded to the milking of the three
and that she had finished milking
one and was going over to where
Samuelson was milking the third,
when she saw the defendant climb
Ing over the fence about the corral,
that as he climbed over he had re-
volver in his hand and that as he
got to the ground made the remark,
Il am tired Of this" at which Sam
nelson arose from the milking stool
and Dunn commenced firing at him /;
that she ran out through the corral
when Dunn made his appearance and
Samuelson followed; that three shots
were fired by Dunn at Samuelson;
the last taking effect after Samuel
son had gotten outside; that she
ran to the house, and looking back,
saw Dunn with his refolver standing
over the body of Samuelson; that
Dunn then came to the house where
she and her sister were and said:
Il will get your mother next" that
the father, who was at the house.
when he heard of the trouble from
her, left the house for help. Emma
Schar, who is about fourteen years
of age, corroborated the statement
of her sister as to what occurred at
the house.
Miss Lena Schar is quite a prepo-
sessing young woman. She appeared
in court neatly dressed, and gave her
testimony without trepidation and
but with little embarrassment.
Her demeanor was lady-like and her
testimony without coloring or pas
sion. All the time she was giving
her testimony she sat with her back
to the defendant who sat close to
her.
Dunn still maintained the same
stolid Indifference to his condition,
and it was only when the question
arose as to which side of the COW
the mixer sat on that he, in com
mon with others, broke into laugh
Either from affectation of otherwise
he sat near Miss Schar, and as she
gave her testimony he kept his hand
to his lips, working them by the
movement of his fingers back and
forth across them with CLEAN II
his eye, either of hate or admiration
/ At the close of the testimony fol
the state the defense announced
that it had no testimony to offer
stating that they did not waive til,
| right, but only had no desire to OF
fer their evidence.
4 At the conclusions Of the hearini
the defendant was remanded to 1ai
without bail until the next session.
Il khA ~e~