, 1859-03-25


Wilson was intoxicated at the time; this
affair took place on the private property of
Mr.. Fitzhugh; Wilson was a stout heavy
set man, and would weigh not less than
19O lbs; when in liquor he was very quar-
relsome-sometime quiet; have seen him
have several fights. cannot say which of
Fitzhugh's hands was burnt; did not no
tice how they held the pistol and Cooty
had taken it before | got up to where the
parties were; Wilson started to go to the
beach, and after he had gone two or three
yards he turned around threw down his
bundle, made towards Fitzhugh in fight
ing manner, and said, If you want any
thing come along"
Re-erdmiHed By Mr.. anderson When
Wilson turned around Ftzhu5h was stand
ing still; he conld not have moved towards
Wilson, for when | came back from the
garden, Fizhugh was where he stood when
/ left; l was present. afterwards when
Fitzhugh went to see Wilson; Fitzhugh
said to him, when Wilson was on the bed,
that if it had not been for his (WIlson'S)
foolishpess in grabbing the pistol, it would
not have gone of; "you grabbed my
pistol" was his words to Wilson, and VIII
son made no answer
WILLIAM Il. LEUKE, produced and sworn
on the part Of the territory. On the 2SIh
of May, 1851, about quarter before
seven, was sitting in my house reading;
l had returned from the mine about 6
o'clock-had got to ny house, washed, and
was sitting near the door; | heard some
loud talking some distance OF; Mr. Fitz-
hugh come along, asked what the noise was
about; did not hear the reply made by
Williams; Wilson said he was making no
noise; Fitzhuyh told him he did not want
to hear any more, and 10 20; Wilson
asked where? Fitzhugh pointed to the pnb-
lie road; Wilson started toward the beach
he stopped and made some remarks;
Mr.. Fitzhugh told him to leave; Wilson
then threw down his bundle and went
back some eight or ten feet TO where Fitz.
hugh was standing, aud grasped him round
the waist; at this instant the pistol went
off; by the time reached there, CoOty
had taken tire pistol; he said that both had
hold Of it when he took il; went up to
them and separated them they were still
clnched, and l had much difficulty in get,
ting Wilson OF; we took Wilson down
some three or -four doors, and rs we were
going down Wilsol said be bad been shot;
James Grant remarked to aim why did
you come back and cinch the Colonel
s(Fitzhugh) ?if yon had not done it, this
would not or nothing woulA) have hap
paned, words to that effect; Wilson
made no reply. | then left and went to
Fitzhugh's house; Fi!zhagh asked me If
the man was hurt, or shot; said he was :;
Fitzhugh then SD, % | did not mean to
harm the poor devil "-or something Of
that sort-''he shot HIMSELF Fitzhugh
thea showed me his hand-the right hand
l think; it was burnt with powder, and the
cuff Of his sleaye was also burnt as though
he had held the pistol by the muzzle.
When the loud talking FIRST commenced |
was sitting inside OF my door; when |
heard Wilson make the remark that "by
Jesus, if you want any thing with me,
come on" | got up and came out--and
from the position OF the partIcss he must
have advanced some eight or ten steps to-
meet got; Fitzhugh-l think the distance
was Gfil thirty feet; Fltzhugh was stand
ing sill, with mis- lace towards me, und did
not advance on, Wilson; when they
clinched, Fitzhpgb was still standing in his
original position, he could not have ad-
vHnced; Wilson had one hand on Fitz-
hughs arm aud the other arm clasped
around his waist; the instant they clinched,
the pistol exploded; Twas about twenty
two PAGES from them when the pistol fred;
approached immediately, but before
reaching them Cooty had taken the pistol;
he said they had it, both of them hold of
it; did not see il; | went up and helped
separats them; saw the pistol afterwards
it was small single barreled pistol, pos
sibly n or inches in length; | don't
know Its value. When separated them,
Cooty had the pistol. Wilson was shot in
the groin; | saw the woaad--it appeared
to be pistol, or rather what is called Il
gunlSlIot wound; this took place in What