Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1912-03-23

by the skillful direction of the counsel
for defense. who thwartcd every OBJ
lection made by the prosecution, the
witness closed her painful story with
look of relief that the worst was
told. Amid the silence of the court
room the witness turned expectantly
toward the States attorneys and
awaited the gruelling frequently prom
ised by Mr.. Willis. Thwarted by the
prompt, emphatic and vigorous OBJ
Jections of the attorneys for the de-
tense, every attempt by the State to
show that adultery had been com
mitted by witness, was overruled by
the court. The only result OF the
cross examination was to make clear
er. if possible, the statements dam
aging to the case of the prosecution,
and the only effect of the cross ex-
animation was TO clear the last ling
ering doubt, in the minds of the most
skeptical, OF the acquittal of the de
fendant
To the ordinary layman it seemed
wholly unnecessary for the defense to
call DIR. Eikner upon the witness
stand However, this was done. and
under the questioning of Mr.. Hamer
the defendant related his life story
from his first recollection to the kill
ing of Otter on the 10Th of last Sep
tember. AS to the matters related by
the other witnesses within his knowl-
edge, the story told by DR. Eikner va
ried in no material respect Describ
ing the tragedy, the doctor told how
the morning after the talk with his
wife, after their return from Reno,
the day before the killing, the doctor
told in affecting manner how he
pleaded with his wife not to go away
from her home and ruin not only her
own future but that of their little
baby daughter. After making every
appeal within his power OF speech the
loctor gave up in despair, and as one
last favor asked his wife not to take
1way photo of herself given the doc
tor as a Christmas present This re
quest was refused. With last warn
ng to his wife that her departure
from her home to meet and live with
Otter would end in destruction of her
every hope of happiness, the doctor
left the wrecked home about 1920 in
the morning of the seducer's fatal
day. After making professional call
the doctor went to the Mason hotel
about noon. In the lobby he met Mrs
Brackebush, went into the ladies'
lobby with her, and after talking with
her professionally for while and ar
ranging to eat lunch with her and her
daughter, witness rose and started to-
ward the passageway leading into the
dining room. AS witness stepped one
., ha
ter face to face. Otter's face assumed
4 sneering, sardonic grin and he
reached for his right hand hip pocket.
Instantly imagining that his life was
in danger, witness stepped back one
pace, drew his revolver, Smith &
Wesson 80 caliber, and fired four
shots into the body of Otter, who fell
backwards to the floor.
The testimony of the doctor was
not shaken in the slightest degree
upon cross examination, In reply to
the attempts of Mr.. Willis to draw
out conflicting statements relative to
different shots and Otter's position as
the shots were fired, Eikner several
times made the reply; Il don't know,
sir! | shot at the man" Usually in
making these replies the doctor would
say: Il shot at the man, not at any
particular part" In reply to the ques-
ton by Mr.. Willis why he shot and
killed Otter, the doctor replied, BE
cause | believed my life was in dan
ger. Otter had threatened to kill me
He had made these threats to Others
and to me, and | shot him to save my
life" After going over the testimony
with the witness generally Mr.. Willis
ended the CROSSE examination, appar-
entity without hope of overthrowins
the impregnable defense presented.
With an appearance OF absolute
confidence the attorneys for the de
fendant announced that that was
their case"
The State then recalled Henry Nor
tenson and tried to go over the case
with him again. After stormy pro
test by the defendants attorneys ths