The weekly ledger., 1857-06-20


taxing him to the Jail; know this is the man
VINO shot, he held his pistol down when 7
took hold of him, and another man took tho
pistol from his hand.
o'0Ss ETdm,ncd.-I was at the Hungarian
mouse when they had the row, took no part
III tne row; saw some men act as if they
would form ring for fight; requested
.nem not to light or they would be arrested,
tney told me to be off, and left. that was
an 1 mad to say, l came up to Denzler's with
Mcdowell at his request; when took hold
oI prisoner not many were standing around
me, many were in the street; shooting took
place Immediately as they came out of the sa-
iooh; dld not notice any person on the
oench except prisoner when pistol was shot;
when saw him draw kept my eyes on pri-
soner alone, and did not notice if others were
on the bench; | have before been examined
on oath in reference to this matter; think |
did not testify that l saw the weapon in his
hand; was asked if knew what became of
the pistol; this examination was few days
after the shooting, think / should recollect
the circumstances as we'll now as then: when
he received the shot deceased was standing in
front OF the house facing down the street with
LETT side toward prisoner in STOPPING man
ner; | went into the house called by Mellow
ell, saw him arrest Enwright, two men fol-
lowed them out, one was tall the other short.
saw them make motion with hands and feet
the tall man left the other and as he went
away he said shoot and the prisoner drew
and shot; heard deceased talking could not
near what he said; when he went out of the
house Mcdowell had him in charge
Mr.. McD0reH.-I am a Constable. I was
acting as such in this town on the 9th of
last March; know John Enwright, was pre-
sent when he was shot. he was in nv custody.
had disarmed him; saw def't. il the saloon,
when disarmed Jack he was standing on
the bench in front of the house, he had his
pistol drawn and attempted to cock it, when
took this pistol away, said Jack come
away for God sake, and the shooting was
then done, looked around and Mr.. Cullen
said Nc here is the man who shot, arrest him,
he had bis hand on prisoner, arrested him,
took him to Jail, this is the man.
Gross Eramiaed.-I arrested Jack in the
saloon, after | led him out of the saloon,
when he Jack jumped on the bench and at
tempted to cock his pistol, | caught it by the
cylinder and wrested it from him, he said
come on you damned Dutch son of b-h,
he then got away from me and sprang over
the bench, | was at his right some three feet;
don't think | heard the expression shoot;
Cullen came up with me, he did not say that
he saw the pistol in prisoners hand after he
shot
IHOs. Ash, Re-cdUed-As soon as the shot
was fired went toward deceased, and all
Others left him, took hold of him and he
said don't handle me so rough; deceased was
a stout robust man, he was little drunk.
Cross Examined. Saw Jack jump on the
bench, saw him in the door, saw him have a
pistol; at the time | heard the shot did not
know that Mcdowell had taken away Jacks
pistol
Defense then called the following:-
T. b. Harris-I attended deceased in his
last illness, he was in extremas about twenty
one days; thirk he was aware Of his condi-
ton; knew that he could not live, several
days before he died; / had conversation with
him before he died, and after he knew he
must die; it was impossible to probe the
wound and / could not determine whether
the ball went round or through the spine;
asked him what was his position when he re-
ceiyed the shot; said he was just getting off
the ground, in STOPPING position, he said
also as he went over the bench some person
stabbed him, and in the act of getting up to
shoot the man who knitted him, some damned
Dutchman shot him; when shot the man must
have stood nearly in front of him; Jack did
not say whether the man was on the bench.
BIZ the Court-If you could not probe the
wound how could you tell the direction of
the ball
Ans. This was discovered at'the post NOR
tenn examination.
l.. Lctterer.-I was present at Denzler's
saloon when the pistol was fired, when Jack
was shot; i saw the prisoner when he was
shot, he was leaning on my shoulder; / was
trying to get over the bench; | was in the
house before the shooting; saw deceased there
quarreling with prisoner; saw him have a
pistol in his hand; saw Lame Bill there, de-
ceased and he quarreled, Jack called him a
son of b-h; Bill wanted me to go home
aud get my pistol, refused, and he said he
would never come into my house again; saw
him at the time of the shooting standing in
front of the house.
Cross Examined In my previous evidence
| testified that did not see the shot, but
heard the pistol crack; | testified that it came
from toward the Young America saloon; |
was not with the crowd who were hunting
jack when the pistol cracked | was close to
prisoner, he was behind me, | saw him, he
was not exactly behind me but by my side.
Re-eEamiaed-I, and deceased were inti-
mate friends, and when be fell, he cried Shoe
maker / anu shot, speaking to me-