The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1865-11-04

then"
DIRECT REsUMED-The two first shots
sounded very much alike; the third shot as
was going down the hill did not sound so
loud when the third shot was fred, I was
under the hill; the first two shots sounded
nearly as loud as rife; was on level
with the two first, but out of sight of the
house at the other.
For the Defense.
JAMES JACKSON SwoRN-Ama ditch tender: saw the
afray; went to the Springs with N L. Scott John
Madden Harry Bowman and Catrgl nrriyd mon after
noon; went into the bar rooi and took drink; while
drinking, Pinkham and Dunn in, singing song
Pinkham was singing Well hang JEFF Davis on a sour
apple tree &C., left and into the bathrooms as
were going out Patterson in and walked up to
the bar; making remark which do not remember:
when returned from the bath room. the others were
drinking; We took another drink and then I walked
out On the porch to look after the wagon went back
tell the boys; as / wheeled around, I Patterson
come out of the saloon door, when went out Pnkham
and Dunn were standing at the railing in the corner
Dunn was on the side toward the door, turned round
Patterson CAME out; was Within two steps of Pink
ham Dunn Was abreast Pinkham, who was leaning on
the corner of the bannister was facing the two; Pat
terson came out of the door and walked within about
step of the of the rang and said to deceased
You are SIN of b-h for talking the way you have
been,o Deceased said some profane word, and What
is that you sayi" abusive word was said in low
voice which did not understand; at the same time
deceased stepped steps right in front of me-Pat
terson at time stepped back about two steps. As
deceased started to step he commenced drawings when
defendant made the remarks his hands were down
usual and up to the time deceased made the meye
from the position and commenced drawing Then Patter
son went after his pistol in ahury; Pinkham stepped
back Patterson drew one pistol seemed to snaps two
shots were fired and then jumped off the porch; three
were fired: Pinkham made the first movements Pat
tersons hand was at his side, making no attempt to
draw; had nothing in his hand; heard the snap OF
Pinkhams pistol before heard report; commenced
getting out of the way standing close to the steps
where could into the door, went across the street,
Dunn left before did-went over the railing; next saw
him come out from under the house, while deceased
being taken into the house, he left at the first fires do
not remember what Dunn's remark was.
ss-ExAMINEDThe affray occurred about o'clock;
went mn TO the pond and saw Patterson swimming;
did not hear him say anything did not see him in the
bar-roon after returned from the bath; during the
shooting could see them both at the time; Pat
terson went up where Pnkham was he used the words
sn of b-h the words might have been addressed to
botll-dont know; looking at Pnkham closely at
the times before that did not look for dculty as he
out of the door, advanced about two feet of
his straight go through the raing his hands
never made while coming out; Pinkham's right
side was toward meace toward the door; said "Whats
that YOU say % and as he said the words he went after
his pistol After him make the move looked at
Pattersoa going for his pistol: positive saw Pink
ham make the first move am not that ne dld make
the first: was four or five feet from deceased; Pink
ham came down with his pistol trst-hs pistol snapped
did not hear any cap explode. AS deceased ADVANCED
he stepped back toward There were but three shots
the first fired by Patterson-the other two only
heard,
DIRECT decentralization was in the corner of the
railing; Patterson would necessarily have mad to pass
by him going cut. / Pinkham's pistol out first
then looked at Patterson and saw him drawing Pink
hams pistol eveled at Patterson it came down.
n r. ScoTT SW0RN-Went down with Jackson, Bow
man. Madden and Cantrel to Warm Springs that day;
saw the ARRAY. We first went to the bar-room to get
drink. While drinking, Pinkham came in and COM
menced singing Well hang JEFF Davis, &C., and offered
to bet that JEFF Davis would be hung and all his sympa
thizers Agnew tried to pacify him. While talking,
Patterson came in ami made some remark-ion't re-
member what Patterson came into the pond
while we were there; after the BATH returned to the
saloon and walked out on the Predetermined "Our
carriage has come back and we will 60" / then saw
Patterson walk out on the porch-he passed within
few paces of me some remark was madenot positive
by whom: +" You will?" "Yes On you, will" AT
that followed the Shots the two last close together De-
ceased reeled turned and fell with sX7shooter in his
hand. Dunn was in conversation with him as I came
out he went over the stoop IN the beginning OF the
shooting Madden and Jackson stepped off the steps;
Irving another went over the corner OF the stoop
had no chance to get out of the way without getting uo
the line of the Shots and stood facing Pnkam and as
he drew turned to who it was; deceased had his
psto m and snapped before defendant had his leveled
was four or five feet from defendant and kept backing
up against the door; when saw them, deceased has
pistol in his hand and defendant drawing; heard
the snap of deceaseds pistol before the re thought
the can bursted When carrying the body in, Dunn APP
peared and sad patterson and his friends were all
id cowardly SIS of BIS. When defendant came out
he walked natural as any one-nands hanging Dy ms
side. supposed he was going home. The words 1
heard were "You will" " Yes cd d-n you, will"
Deceased had his pistol in his hand coming with it as he
made the reply when turned my head defendant DID
not have his pistol out-was drawing IT,
Cross ExAMIRED to same erect.
RoBERT TURNER was re called and testified that he
was behind the bar when defendant came in ne spoke
about clohng ne was accus1oea 70 l9aVis nis
clothing there to be washed; he paid his bll-drank
aonesaid something about those SIS BIS have gone
away; said 81 don't know" l think there was no
person there talk to; he walked TOWARD the door anu
went about my work heard MIN speak 70 PlhKhsn at
the door but to no one in the ROOM -,
JoHN MADDEN SwoRN-Dtch tender; went down with
others TO take bath defendant Tor the nrSt tne
know Pinkham; was on the porcn wheh ene sn"os'ns
door. had come from the bath; saw the snots nred
saw deceased go after his pistol; looked round at de
PENDANT and saw his pistol and got out OF the way
first saw 60 after his pistol but did not see It
tborobt r. was coming soon saw two shots; saw rat
teTson shoot; did not hear the snap OF Pls"l gu"
Dunn going over the bannsters and under the mousse as
first shot fired; saw both deceased anu 9
came TO the door-they retreatlng; Kept my
ewes on defendant till looked round aud saw deceased
ing after his pistol defendants hands were D hS sue
S CRoss- TX AHMED When first saw defendant, was
about three feet from him; he was on tue porch "ne
came ont. he was stepping back heard him say aIter
deceased had made some remark, y Draw, OF lou
will draw - could only one at tme aIter tney eo
menced retreatng; when turned ueienun p.a.T
the first shot was by defendants did not see deceased
shoot at ALL the first and last shots came from oee
dant: when saw deceaseds pistol coming do"h turu
ed and looked at defendant and saw MS pSeoi' ueo
made the first effort to draw.
JINFs AoNEw Called Reside in Ada county; was
at Warm Springs on the 23d july saw ueehuant II -
turn from the bath in the roem sitting on tDlo
containing towels don't know Patten; two on three
men were near me- there might have been enc stng on
the table with mes defendant went to the par anu Ioon
drink and left some dirty clothes with turner; uio
not hear defendant make any remark e1cep. &c
clothes would certainly have heard any remark II
any had been made heard the shooting: heard tnree
shots saw defendant outside the door; after drinking