The Churchill county standard. (Fallon, Nev.) 1908-1920, 1912-08-07
THE TERRELL PREu|MINERY
In Progress in Local Justice
Court And Has Developed
Stubborn Contest.

The preliminary hearing of Jud Ter.
reil, charged with the murder of Loui.
Carara at the camp bearing his name
on the 9th day of last May was com
menced in Justice of the Peace T. A.
Jones court Monday morning. The
flrst days of this week were consumed
IN the taking of evidence of witnesse:
for and against the state. The case i.
attracting considerable notice, because
of the enormity of the offense charged
and the circumstances surrounding the
deed. George Flessa, who was brought
down by Terrell's gun in the affray
in which Louis Carara lost his life, is
the chief witness for the state. Ac
cording to Flessa's story, Terrell free
first at him, the shot striking him al
he ran IN an opposite direction in ar
attempt to escape Terrel's wrath
Flessa further denies having fired 3
shot at Terrell and stated in his testi
mony that as he was falling and before
he had lost consciousness from hi:
wound, he saw Terrell approach Car.
ara, who was standing in cut, the
depth of more than an ordinary man s
heighth and fire at him from an eeva,
tion above his victim. Carara' 3 wound
substantiates Flessa's evidence, on
this point. the charge of shot striking
in the right shoulder and entering bis
body at an angle of 35 to 40 degrees.
p. A. MeCarran and T. E,
Winters are the attorneys for the de-
fense, while District Attorney w. S.
Wall is seeking the ends of justice for
the state.
The introduction of evidence may be
concluded today when Judge Jones will
determine whether Terrell is to be held
to ansUer to the grand jury for his
acts. The defense is paying great
deal Of attention TO cross examination
in an attempt to create loopeholes in
the evidence of Flessa, who together
with the defendant is the only living
eye witness. Considerable stress has
been laid by the state upon the shots
fired. Witnesses generally agree that
three shots were fired, those repre-
senting the state asserting that two
shotgun shots were fired in quick sue
cession and a revolver shot some mo.
ments later, while those for the de-
fense claim the first shot was from a
revolver and the next two from a shot
gun.
The first claim established would tend
to prove that the defendant fired at
both men and later believing he had
killed in both instances fired shot from
the revolver of Flessa who lay uncon-
scious upon the ground where he had
fallen. This Is Flessa's contention,
while Terril maintains that be fired
only after Fessa had attempted to kill
him and the witnesses for the defense
generally support TerrelPs contention.
Mrs. Louis Carara. widow of Terrell's
victim and her 17-year old daughter
Josephine, are in attendance upon the
preliminary trial.
Terrell has dozen witnesses in Fal-
Ion who are being kept from the court
room only as they are asked to testify.
In the meantime the state is building
its case on the evidence of less than a
half dozen witnesses.
The preliminary trial develops an
evil that should be corrected by the
next legislature in the treatment ac-
corded the law to witnesses in criminal
cases both for and against the state.
The states statutes regulating this
matter now provides that witnesses IN
such cases are entitled TO fees and
travelling expenses only by taking
the paupers oath, though IN some
counties special acts have made more
equitable regulation. The general law
governs in this county, which means
that every witness in the Terrell case
must individually pay his own expenses
and lose his time in addition. This
would seem to be an extremely poor
manner in which to seek to serve the
ends of justice.