Las Vegas Daily Gazette

Was the Decision Given in Yesterday's Preliminary Examination.
Anna Carr Charged with Murder, Discharged from Custody.

Yesterday afternoon the examination of Anna Carr, charged with murder of her husband, Frank J. Carr, on the night of the 20th inst., was held. After hearing the testimony of the witnesses in the case and arguments by the attorneys for the defense, the judge discharged the woman.

As the facts of the tragedy are still fresh in the minds of the people, and as considerable interest was felt in the affair, the east side justice's office was crowded.

The prisoner entered the office at 3 o'clock, attired in deep black and heavily veiled. She looked pale and nervous and seemed to fully appreciate her dangerous position.

Judge Steele conducted the trial, Messrs. Whitelaw and Fort appearing for the defense.

There was no prosecuting attorney, the friends (?) of the late Carr not taking enough interest in the case to employ a lawyer, although Whitelaw and Fort offered to pay half of his fees.

At Judge Steele's request Judge Lee assisted him during the hearing, asking questions, etc., but there being no interrogator in behalf of the territory, several points were passed over unobserved.

The surprise of the citizens, who were acquainted with the particulars, at the decision, was great, as all thought that she would at least be held over to await the action of the grand jury.

The witnesses were all sworn; JESSE HERNDON took the stand and testified as follows: "I live in Las Vegas which has been my home for four years; I was in Carr's place at 8 o'clock on the night of May 20th, I took several drinks with Carr and he became drunk; he had some words with his wife about some glasses and ordered her to bed, She left the room and returned immediately. Frank was behind the bar. I heard a shot but did not see the pistol until it was fired, as my back was toward the woman at the time." The witness recognized a pistol on the judge's desk as the one which killed Carr. He also told of the dead man's fear of firearms, and said that Anna Carr had a playful habit of compelling obedience from her husband by jokingly drawing pistols on him.

ARTHUR JILSON told his story exactly as he had repeated it before the coroner's jury a week ago with this addition: "The woman seemed excited when I asked her how she shot him and told her she must consider herself under arrest. Carr told me that he had been murdered in cold blood."

J. W. BARNEY said that the pistol used was his property—that the dead veteran was a bad man when drunk—that every one was afraid of him when in that condition—that he considered Mrs. Carr a model wife, kind and dutiful, that she only used a pistol on Carr to persuade him when other means failed—that the pistol loaned to Carr was a double action No. 41, that Carr's pistol was a single action No. 38, that his pistol (Barney's) was very light on the trigger, and pulling on the trigger would discharge it.

W. A. NETTERBERG testified as to the character of the Carrs. He knew that Carr had been drinking heavily for the past year—saw him on one occasion kick Mrs. Carr into the street having at the time a pistol in his hand—Knew that Frank Carr always carried a pistol—did not know what kind knew that Carr was very turbulent and wicked when drunk.

CHARLEY MELENDY: "Carr was very violent when drunk and had been drinking very heavily for about a year. Mrs. Carr was a hard worker and as far as I know a good woman. She was in the habit of carrying a Colt's double action pistol with a six-inch barrel. The Carr's were a great family for pistols. I have seen three in their possession at one time."

MRS. MELENDY testified that she had seen Frank Carr treat the defendant shamefully—that she had never seen any of the pistol plays; that Mrs. Carr was a good worker and did work that no other woman would have done.

DOCTOR PEEBLES' was the most important testimony in the case as the eye-witness the negro Herndon's statement was too confused to be of much value. The doctor was called in directly after the shooting and his words must go for their full worth. The following is the doctor's exact statement, plain and concise without any varnish from the writer: "I live in Las Vegas; I have known Frank Carr since the first of November, 1881. I know him and his wife intimately. I was called to his house on the night of the 20th and found Carr lying back of the bar bleeding from a wound caused by a pistol at the hand of his wife Carr said to me: 'Doctor, Annie has shot me at last, I guess I am a dead man. I want you to see her hung.' He also expressed a desire to make a will and an attorney was sent for. The man's mind was perfectly clear until he became unconscious, as such a severe shock would make even a drunken man perfectly sober." The doctor went into detail, explaining the nature of the wound and course of the bullet.
MRS. ANNA CARR
was then sworn and her story is here given word for word: "Frank had
been drinking heavily all day. Several times I told him: 'if you don't keep quiet I'll get the gun.' He would always become quiet when I said this. When he broke the glass I got the gun; I didn't know that it was loaded: I didn't know how it worked. I thought the hammer had to be raised before it would go off. It was purely accidental. I was in the habit of threatening Frank with a revolver when he was mean. I would show him the gun to quiet him. This was the reason I got the gun that night, to make him go to bed. I pointed it at him and it went off."

Henry Perry's testimony was about the same as he gave before the coroner's jury.

The taking of the testimony being closed Attorney L. C. Fort addressed the court, and was followed by W. M. Whitlaw, Judge Lee also spoke, asking the justice to discharge the woman, which his honor did, after deliberation.

With no discredit to the able attorneys who plead for the defence, and who acted in a most honorable manner throughout the examination, yet there should have been an attorney for the prosecution as cross examination might have brought out more facts. It is a burning shame and disgrace that Carr's friends and comrades should not at least have been represented at the hearing.

There is considerable ill feeling among many influential citizens regarding the ruling in the case and it was rumored last night that complaint had been made and the woman rearrested; Mayor Romero and several others interested themselves in the case.

The Gazette has endeavored in this plain statement of facts to be perfectly truthfully, no opinion is advanced and the readers may judge for themselves.

LATER.
Jesse Herndon was taken before Judge Segura last night and an affidavit of his testimony in the Carr case taken. It is rumored that the rest of the witnesses will be heard before him tomorrow.