The Nevada Democrat., 1857-04-29

Inc case OF tne fcOple against MoVie ""S -
ken up. Mcconnell & Stewart were retained
for the defendant. The jury were drawn in the
same manner as in the case Of Hay, and con-
sisted OF the following persons .lEj z !
A. Mcconnell, George Eddy
l., H. Fowler Hiram Williams,
I Jas. A. Evans, James Bca
4 VIM. Dillon, m ~ w. Caswell,
4 T. II. Tandy, James Jones,
4 L. Caswell, r. Geo. Ault.
The jury was selected from twenty-five names
drawn. The defendants counsel challenged
four or FIVE, the District Attorney one; several
were excused in consequence of having formed
an unqualified opinion, and one was conscien-
tiousIy opposed to the death penalty.
The Indictment was read by the Clerk to the
Jury, and the case stated by the District Attor-
ney. p i c 3a
f. ~. Hasncood sworn.--I reside in Grass Val
ley, and keep liquor store. On the evening
of the 2Ist of February last, between ten and
eleven O'Clock the prisoner at the bar, with three
or four Others came into my store; Chas Bur-
dett was one Of them, knew none Of the 9th
ers. Mechanism was in the back room where
a party were playing cards; he got up and
walked towards the door, as if to go out. Moore
left the scat where he had been sitting. and ask
ed McClanahan, "What have you got against
meg' McClanahan turned and confronted him
but made no reply. Moore then put his hand
in his clothing in 'front.' and McClanahan asked
him, "What are you putting your hand there
forT Moore said ''you refused to drink with
me-" McClanahan replied, ''You had better
keep still" About that time | approached
Moore and saw pistol in his hand, partially
under his clothing; put my hand on his arm,
and said, "Put that pistol up" Giyingamc q
push he said, $50 away from me-" | still iu-
sisted, and told him didn't want pistols drawn
or any fuss kicked up in my house. lie then
put his pistol back, and took his hand away
from me. McClanahan then walked out, saying
IN see you again." Moore still remained,
and heard him say, Let him go and get his
id old pistol aud went on to say he could
shoot n pigeon every shot. remember no 9TH
err remark of his. In about ten minutes MCLEAN
ahan came back. There Is tier Of barrels and
boxes across the room, about six feet back from
the door, passage on the left hand as you go
in directly in front of the door. The stove is
on the side of the room, nearly in front of the
entrance. The passage way is about four feet
wide, and the stove about six feet from the wall.
4 When McClanahan came in Moore was sitting
/ on bench behind the tier of boxes Mr.. Sale
and another person whom did not know, came
in first, followed by McClanahan. AS sooa as
Sale passed the end of the boxes, so as to he
seen by Moore, the latter rose from his seat and
apparently put his hand on his pistol. Sale and
the other man went on into the room; McClan-
ahan stopped opposite the end Of the boxes,
! when he got in view Of Moore. lie wore an
ovcrcoat, thrown over his shoulders. held by his
hand underneath. lie seemed to pause as if
4 to see what the other was going to do. Moore
seemed to have his eye on him. A person who
was standing between them stepped out of the
way, towards the door. | heard no words en-
changed between them at this time. AS soon as
\ this person got out of the way, Moore drew his
pistol and fired, aud almost simultaneously Nc
Clanahan raised his hand and fired his pistol. ]
cannot say which pistol was fred first; think
IL was Moore's The shots were so close togeth-
err cannot tell for certain. | do not know
where Moore's ball took effect. We examined
the room the next day, and found that the ball
from McClanahan's pistol went into a box under
the stove, about six inches from the floor. There
was but one lamp in the room, aud the concus-
sion caused by the firing of the pistols put that
out making ii quite dark. Invent into the back
room and got another light, but some one said
McClanahan was dead, and took it out of my
hand. | did not see McCanahan again until
the next morning, when he was dead After
the shooting took place, | saw Moore leaning
against an ale cask. He said he was shot;
looked, but saw no appearance of wound.
q Il. Nc Donald, sworn.--I was present at Hay
woods store when McClanahan was shot. 1t
was on the LIST Of February last | went into
the store about ten o'clock. Moore was in the
front room and Mechanism in the back room
with party OF men. In about half an hour
McClanahan came out, took cigar talked n
moment. and started to go out Moore then got
up and asked McClanahan what he had against /
him. McClanahau told him he had better let
nun alone, or go away, or something of that
KIND. Moore then started TO draw pistol I
when Haywood interfercd, and McCanahnn /
went out. In about ten minutes he came back !
Moore was then sitting on bench near the tier
OF boxes. Sale came in first. another next and 4
then McClanahan. Moore got up as soon as
sale came IN. When Mechanism got to the /
ehd OF the boxes, Moore had his pistol out and /
two shots were fred almost the same time .
thought Moore's pistol went off first, but am not
certain. had my eye on Moore at the time,
AMI saw no pistol in McClanahan's hand was
standing about four feet from McClanahan
when he fired. | saw him start out of the door.
and the next time | saw him he was lying a few
ieet IRON the door, He was shot in the right
side. saw Moore an hour or two after at DR..
Iompkns' office, getting his wound dressed
Dr. Tompkins was probing for ball: another
physician who was there said it was cut with
knife. Moore asked some one where McClana-
han was hit, and was told in the heart. He said
that was what he calculated TO do. and wished
he had double shot him. {
H. G;pe was sworn and te stfed substantially !
as the other witnesses He stated that McClon- t
ahan as he came in had his hand hold of his pis-
toll and the muzzle projected below his coat.
He was confident that Moore's pistol went off O
hrst; but the two shots were fred very close to-
gether, almost as quick as thought Moore,
from his position could have seen McClanahan's G
pistol, when the latter came in at the door. .
- A. Sale, sworn.-On the night of the 2lst
of February last, between ten and eleven o'cock \
McClanahan came to the Exchange. where n
was sitting, aud said that Moore had drawn Z
pistol on him. Iasked him if he was not armed
he said he was not told him ii was unwse
Tor him to go unarmed when he had such enc.
mics as Moore. He then asked if had nv pis- :,
tol with me; told him had not, that he would u"