, 1865-11-17

| Of Patterson. So much of the evidence as will
give an idea of the circumstances attending the
killing, We subjoin:
FOR THE PROSECUTION.
| PiersOa Pdtten SrorH = Was some little ae-
quainted with both parties; was at Warm Springs
| on 23dJuly last; saw the difficulty; was in Mr..
ers.ber-room saw Patterson did not see
| Pinkham when first saw him be was taking
drink at the bar; before be went out Patterson
said al will kill the id s-n OF b." lie
then Stepped to the door and remarked, "Iou
will draw, will you, 2'' or " Don't you draw"
| don Z know which. At or before the remark,
saw him draw his pistol; heard two or three
shots-two anyhow; was in tue house az the
| time did not see Pinkham until after the shoot-
ing was over; Patterson was in the house, Pink
ham outside was sitting in the house after
the first shot got up and stood fronting the
door; saw pistol in Patterson's hands, pointed
at the lower end of the porch saw the pistol
when it was fired.
Cross Eramined-Resi in Boise Valley was
not examined before Coroner inquesti was be-
fore both Grand Juries my testimony was taken
down and subscribed before the Grand Jury
about the 9th September came up from Ada
county two or three days before; occupation,
farmer heard at least two shots--can't say pos
/ uiveIy whether ] beard three or four | did say
before the Grand Jury that heard three or four
shots | am positive that did not state that
that Pinkham fred once. / could see defendant
! doing the shooting saw two discharges when
the shots came | stepped to the middle OF the
room; could not say whether he fired more
| than two shots think maybe that | heard more
! NAV have said that heard three or four shots
| if defendant had fred more shots think would
! have heard them | cant say who fired the hrst
three or four shots saw deceased but not until
after the shooting | was sitting just inside Of
/ tile door, on the south side near the partition !
do not know anything about the kind of door,
| whether single or double doOr-did not notice
! it; twas open | was on the left as you go in )
had not been looking on the porch before the
/ the shooting defendant stood in front OF the
door / did not see Pinkham as looked out of
| the door did not see Pinkham till he lay on the
! ground at the end Of the porch dad not see
| Pinkhau. when Patterson made the remark
" don t draw or "will you draw" Agnew
was Sitting by me on a stool the remark was
not made in loud tone Of voice | had been
! there about ten minutes; | don't know TO whom
! the remark referred it was the first had seen
| of Patterson that day; from where sat could
! see the flash of Pattersons pistol if PiGkham
had been standing in front Of the door would
| likely have seen it the shots were in rapid sue
| cession ! DO not know with whom Patterson was
drinking when he made the remark quoted abOIei
about five other men were present | think the
! remark | heard was Don't you. draw " saw
Patterson draw his pistol he made the remark
as he stepped out; think he had drawn or was
drawing as he made the remark-I think it was
after not positive about the time; watched
! him after he made the remark, not till then /
think be had the pistol in his hand when he
made the remark, but am not certain the af-
| fray occurred on Sunday evening; | went that
evening to Cold Stream House and thence to
! Boise Valley do not entertain any hostile feel
ings toward the defendant.
Orlando Robbins SrorH-Was acquainted with
both parties; saw them both at the Warm
Springs on the day of the atlray saw Patterson
some time in the afternoon passing the house )
was living below the ol-gate Patterson
stopped at the house and said, If any one in
quired for him, tell them he was leaving the
country for killing old Pink - several men
we're present, fifteen or twenty perhaps he did
not dismount there.
Richard Turner Srorn-0n the 23d July was
part of the time on the road between this place
aud Last Chance Bar, on MoOrc's creek, quarter
of a mile below the toll-gate; was at Turner's
on that day; | know Patterson by sght-saw
! him there saw him as he was going down
Moores creek at Lees store be spoke and said,
, ." If you hear any one inquiring for me, tell
. them ! am leaving the country for killing old
Pink
Thos II. S,rinyhdm Srorn-I went to Warm
| Springs on the afternoon OF the day OF the al
fray was acquainted with both parties was
on horseback at the time Of the shooting; the
first saw Of it was Patterson in the act Of shoot
ing Pihkhan was on the steps, standing 'front.'
ing the road did not see any weapon in his
hand, | think | would have seen onei heard
three shots saw but one that one was the Sec
opd shot; | didn't know positively by whom it
was fired; | was about twenty y-eight PAGES from
Patterson when he was in the act of shooting /;
was down the street: the crack of the pistol
first drew my attention ! turned Immediately (;
did not notice any fash or smoke; Pinkham did
not appear to stand facing the road, but stood
angling from me about thirty feet to the left of
me | saw his whole person in front, with his
right side toward me; from the position of his
hands, he appeared to be in the act of getting
his pistol did not see either of them have pis-
tol at the house the first shots were close to-
gether; my horse jumped violently at both
shots the third shot heard bdt did not see;
saw Pinkham as he lay on the ground, but did
not 60 up to him then l am not positive, think,
that saw the second shot, mad heard the first
and third.
|