Show FIRST DISTRICT COURT jr rr 1 r MONDAY MAY eth the case of 1 F 11 II thompson f for or assault wah intent to kill acom com bitted on oil dee dec 14 1881 came up lip for trial air hysing juror was e excused having formed an nil opinion of the case daniel alexander knew thompson and studer had heard of the tile case but had formed no opinion challenged air mr adams challenged thos J wilson challenged P T van zile and F S richards appeared for the prosecution and kimball heywood for the defense F S richards opened the case he recapitulated the circumstances of the assault on tho the da day y named which have been previously published in tho the Hr wm win studer was sworn lives ia in knew the defendant for t two IV 0 years was employed in tile Y at the date of the assault on the of december the tile defendant requested him to ask ili his wife to be more careful than bhe the had been in throwing rubbish out of her house as a qt quilt jilt belo belonging ilgin 5 to defendants wife had been stained by the ru abish sli out by corn compla complaining inin witness wl wife C othe night of the of dec cc 1881 as hew he was re returning home he lie turned out of fifth into franklin street and when about forty feet from the corner joing going south seuth def defendant enfant fired a loaded loade pistol at him he fired two shots allots neither of them thein took effect the witness was cross examined by jaa jas N kimball george marth sworn for the prosecution se Ec he ile deposed to hearing bearing a conversation between thompson and studer in relation to some quilt heard studer say harry if you think it was not accident I 1 will rather buy you a new quilt than have any feelings this occurred on tho the evening of the assault john M banks examined for prosecution nothing new elicited charles buno bune was sworn for the complainant and testified to hearing the defendant a few evenings before the assault say that studer was a d n s of a b the deposition of charles elmer who the is now out odthe of tho territory was read by tho the prosecution in which witness stated that on the night of tho tile alleged assault he be heard tho the reports and saw the flashes of two listol pistol shots did not know who did id the shooting nor at whom they were discharged the defendant was placed on the witness stand and spoke in his 11 own ense ho ile said the night on which the tile alleged assault was committed was very dark he ile was on franklin street and saw a man coming towards him ho ile did not know who it was when the stranger cr approached nearer witness saw him raise his arm witness had bad already drawn and cocked his pistol which he claimed was accidentally discharged two chambers being emptied by the accident studer then spoke and thompson knew his voice ho he subsequently gave himself up to sheriff brown to whom he lie also gave the weapon court adjourned till 2 pm |