The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-08-24
District Court PROCEEDINGS
Habeas Corpus Case Tried, and Judge Breen, Sitting as Com
uniting Magistrate, Conducts Preliminary Hearing in
the Recent Shooting of R. McCharles by H.
Davies Defendant Held to Grand jury

know how many were fred. but thought
he emptied the pistol the pistol is not
a s~elf.cocker; l examined the pistol two
or three days before the shooting.
In replying t, a question as to how
she knew the pistol was cooked when
Mr.. Davies took it from the drawer,
she said she was looking at the pistol
and thought the shell under the ham.
mer was empty; she raised the hammer
to move the barrel around so she coulo
see; just then some one came into the
store: she was afraid to put the ham
mer down. so she put the pistol back
into the drawer just as il was, intend.
ing later on, when she had time. tt
lower the hammer; no one else was in
the store at the time Of the shooting be-
sides Mr.. Mechanics. Mr.. Davies apd
myself; when Mr.. Mechanics went u
Of the store neither Harry moi / accom-.
panied him I did not know where ht
went; after l had gone home and came
back TO the store | met Harry again al
the store; l had no conversation with
him about the shooting at that time.
only that / was uneasy about Mr.. Nc
Charles condition; Mr.. Davies fired
the shots that struck Mr.. Nc
Charles; l do not know what Mr..
Davies did with the gun after he fired
the shots.
Gross Examined by Defendant Counsel
To the questions Of counsel for the de-
PENDANT. Mrs. Green stated that the
shots fired were accidental. To this
question and answer exception was
taken by the District Attorney. The
court allowed the objection.
Mrs. Green stated that the two shots
that struck Mr.. Mechanics were free
while Mr.. Davies and she were strug-
Cling for the pistol she did not know
whether the trigger of the pistol was
guarded or not.
Oa w. 4 oAtOb
testified that she did not know wheth
or the trigger pulled easy or hard,
not having fired it for years; she had
not talked with any one regarding the
shooting up to the time Mr.. Dawes was
arrested.
DIR. W. f. Burnett was called by the
prosecution aud testified as to the
nature of the wounds received by r.
Mechanics.
Testimony of Art w. johnson
Deputy Sheriff Art W. johnson in
answer to the query Of the District At.
torney as to the conversation he had
with the defendant on the night of the
shooting, testified that he took Davies
TO Jail, but before locking the doors h,
asked him for the pistol; Davies said
Mrs. Green had il in her store; l locked
him up and went over to Mrs. Green's
home; she came over and opened up the
store, and we searched for the gun; we
could not find the pistol. and she said
she did not know what Mr.. Davies did
with it; Davies said he could not tell
me where the gun was, but he could
show me; / told him l was going to
find the gun, aud hat he might as well
tell me as to keep me hunting for it; he
would not tell me, so | took him oveI
into Mrs. Green's store to show me
where it was; he walked back to the
room and reached under the cover
that was over the lounge and brought
out the pistol l took the revolver and
put it in my pocket and told Mr.. Davies
we would go back to the Jail; Mr..
Davies said he wanted to speak to Mrs.
Green. and would not leave the room
until l forced him out Of it; that is the
extent of the conversation that l had
with him at that time.
Mr.. johnson stated that he had hao
a conversation ON the street with Davies
prior to this time, which was 10 sub
as follows:
Davies asked me if / had seen Rory
Mechanics; l told him / had; he asked
me if he was hurt very bad l believe
he asked If he was shot very bad; / told
him l didn't know; he then said. Where
did he shoot him; l told him that l did
not know; that was all the conversation
we had on the street.
On cross examination Mr.. johnson
said that when they went to Mrs.
Green's and got the gun he told Davies
to come back to Jail; he wouldn't &c
out; he tried to talk with Mrs. Green.
but / stood between him and her; he
tried to push me from between them
/ aver touched him; l then
grabbed hold of him and wrestled him
a little while in the room. and
got him started for the door l kept him
going until l got him outside OF the
house; / had hold of his arms or body
while we were wrestling. but when l
started him for the door l had him by
the coat collar, back of the neck. and /
might have had hold of his arm. too.
Mrs. Green Recalled
Mrs. Green was recalled at Fridays
cd 10 fho