, 1865-11-17

When defendant came out be walked as natural
as anyone-hands hanging by his side. sup
posed he was going home. The words I heard
were SYou Will?" "Yes, g-dd-nyou, will "
Deceased had his pistol in his hand coming With
it as be made the reply; when turned my head,
defendant did not have his pistol out-Was draw
ingit.
Rc6srf THrner was recalled and testified that
he was behind the bar when defendant came ID;
he spoke about some clothing; he was aeeus-
toned to leaving his clothing there 10 be wash
ed; he paid his bill, drank alOne, and said some
thing about those s-s Of b--s have gone
away; said, al don know" think there
was no person there to talk to; be walked toward
the door and went about NV work; ] heard
him speak TO Pinkham ct the door, but to no one
in the room.
,Jo1n Madden Srorn-,Ditch tender; went down
with Others to take q bath ;.saw defendant for
the FIRST time; knew Pinkham; was on the porch
when the shooting commenced, about one and a
half feet from the bar room door had come
from the bath; saw the shots fred; saw deceased
60 after his pistol looked round at defendant
aud saw bis pistol, and got out of the way;
first saw deceased 60 after his pistol, but did
not see it, thought it was coming soon; saw two
shots; saw Patterson shooe did not hear the
snap Of pistol; saw Dunn going over the ban
nlsters and under the house as the first shot was
fred: saw both deceased and defendant as l came
to the door, they were retreating; kept my eyes
on defendant till l looked round and saw de-
ceased going after his pistol; defendants hands
were by his side.
Cross -Exumined-When first saw defendant,
was about three feet from him. be was on the
porch when came out; he was stepping back
heard him say after deceased had made SO ne re-
mark "Draw," or "You will draw could only
a.. a. 1rofr
ing; when | turned defendants pistol was COM
ing down. saw him shoot; did not see deceased;
the first shot was by defendant; did not see de-
ceased shoot at al; the first and last shots came
from defendant when saw deceaseds pistol
coming down, turned and looked at defendant
aud saw his pistol; deceased made the first effort
to draw.
.Jar1es Agaelv, Called-Rcside in Ada County; was
at Warm Springs ON the 23d July; saw defendant re-
turn from the Oat WAS in the room, sitting on u la
bic containing towels; don't know Patten; two or
three men were near me; there might haze heen one
sitting the table with me; defendant went 10 the
bar and took a drink ard left some dirty clothes
with Turner; did not heur defendant make any re-
mark except about the clothes; / would certainly
have heard any remark if any had been made; !
heard the shooting; heard three shOts; saw defend
ant outsi the door; after drinking. defendant Wehi
out; shooting commenced few seconds altei. hearu
a remark defendant s voice. saying "Gou VIII draw,
will you!' shot followed Immediately alter then
heard two other shots The first shot came from a
parallel direction from The road came towards de-
iendant from lower end ofthe porch. was IN me
house when heard the sOuud-lOoked toward the
door-at the same time heard shot ranging IN a
northeast direction; l could see defendant
at the time of the shot; l then saw de-
fendant go for his pistol after the shot, when defend
dert came to the bar, conversation continued as
usual. When deceased advanced toward The door,
cant be mistaken about the language "lou Will
draw, will yonl" 1t appeared to be in response 10
an effort previously made; was setting on the tace
at first shot defendant was IN full view-rght sIde
tgward me; he was looking in southwest direction;
his attention appeared 70 be drawn to the lower end
ofthe porch; the sound followed quick after the re-
mark have made no effort to contribute for counsel
for defendant.
The jury was out two hours, when they re-
turned a verdic! of 'Not Guilty" Chief Justice
Mcbride congratulated the prisoner and ordered
his immediate discharge.