The Nevada Democrat., 1857-04-29

muscles The contraction would probably be
suiicient to pull off pistol, but would not ele-
vate the arm.
The prosecution here attempted to introduce
the declarations of Mrs. Moore, in order to show
that Moore was not stabbed at the time McClan-
ahan was killed This evidence was objected
to by defendants counsel, and the question was
taken under advsement by the Court till to-
morrow morning.
The prosecution having closed, Mcconnell
stated the case for the defense.
John Benna, sworn for defcnse.-I was pres
ent at the time McClanahan was shot / went
into Haywood's store about ten O'Clock. Saw
Moore and some other gentlemen / did not
know McClanahan came from the back room,
and started to walk out Moore rose. aud ask
ed him what was the reason he wouldn't drink
with him. McClanahan made no reply for half
a minute or so, when he asked Moore what be
was putting his hand there for. Moore told him
il he was man to defend himself McClana-
han, in going out said "I'll see you again, or
something to that effect. Moore then went back
TO the stove with pistol in his hand | did
not see il in his hand when McClanahan was in
the room. Haywood, myself aud others got him
to put his pistol up. In few minutes l started
TO 90 out and met Sale and another man COM
ing n As got to the end of the boxes, / met
McClanahan. was then standing between him
and Moore, and jumped back next to the boxes,
and at the same moment, McClanahan raised his
pistol and fired. To the best of my knowledge,
McClanalan's pistol went off first. was not
more than a foot or eighteen inches from him
when he fired. did not see Moore at the time,
but saw the fash of his pistol. When McClan-
ahan came in he had on an overcOat, and the
muzzle Of his pistol came down three or four
inches below it. i was looking directly at Nc
Clauahan, aud saw him raise his arm. After
the firing | went cut the door, and in half min
ute or less, McClanahan came out was two
or three feet from the door when he got out
Some one asked him if he had killed the id
rascal lie said he had 'shot his Id head of.
lie then stepped up towards u shoe shop. and
some one came out and told him he had shot the
man. Immediately turned and went into the
store. | saw Moore with his coat and shirt open,
and thought there was blood on him, but the
room was dark, and was not certain. lie said
he was shot, and that he was dead man. Some
one came in Immediately aud said the other
man was dead. | then went out again and saw
McClanahan lying on the ground 81,
Cross Examined II am engaged in quartz mill
ing. Have never spoken five words with Mrs
Moore about this matter. McClanahan raised
his arm but little when he fired ! saw the fash
of two pistols and heard two reports That of
McClanahan's was first. / saw no one Oh the
pavement when | got out John Sale and an
other man came out first, and McClanahan i'm
mediatcly after. They were ~ close together
as they could be.
Several other Witnesses were examined for
the defense, but nothing further was elected of
Importance.
The Court adjourned till Saturday morning
at nine o'clock. sF u rl. a..
SATURDAY, April 18th.
The Court ruled that the statements of Mrs.
Moore could not be giv,n il evidence against
her husband.
John Ellison, sworn for dcfense.-I was in the
Game Cock saloon about week before McClan-
ahan was killed, at an interview between him
and Moore. heard McClanahan say that
Moore was id thief aud ought to be killed.
Moore said he dda't want any trouble, and
went out | believe Moore had previously ask.
ed McClanahan to drink with him. Twas stand
ing near McClanahan Mt the time. lie used the
words, There's a thief, and ought TO kill
him.. addressing himself TO Moore.
VIM. LhypoM was in the saloon at the time
the shots were fred and testified about the same
AS the other witnesses. lie did not know which |
one of the parties fred first. From circumstan-
ccs he supposed it was Moore.
Dr. b. A. 7omptms dressed Moorc's wound on
the night of the homicide. From his testimony
II appears the wound was made with knife in
the right shoulder, was at least six inches in |
depth and penetrated into the cavity of the
lungs. The stab was from behind and little
downward, and it would not have been possible
for u man to have inflicted the wound with his
own hand.
Several other witnesses were sworn for the
defense, but their evidence AS not important. |
Jo'h a. Sale recalled for the prosecution, tcs-
tilted, that after the shots were fired. McClana.
ban was the first one that went out the door,
that he said, John I'm shot, I'm q dead man
hat no one told him he had shot the man. and
hat McClauahan did not say he had shot the
mans head off,
The evidence having been taken, the case was
argued by the counsel until about six O'Clock in
he afternoon, when the jury were charged by
he Judge, and they retired to deliberate upon
verdict They were out until eleven O'Clock
N Sunday, when they returned verdict of
guilty of murder in the first degree