, 1866-04-20

was in the City Of -Haiia waiia on the lsih, o
Feb. last ] did not get.ta pistol directly from
Donahue on that day; he had a pistol but sait
be would give it to the man be got It from. Thi
was in KyRer's store. Donahue did not saJ
anything about another pistol. ] got this plsto
{showing pistol in a room back OF the Pos
Office, in which Mr, Sanford slept, on the bed,ii
was freshly discharged, FIVE loads out, one in, as
It Is now. I was Coroner at that time and held
an inquest on the body Of Patterson. l have
| four balls that we're extracted from his body
| [Balls produced by witness and shown to jury ]
| There were four wounds on him. Witness de
scribes the wounds in much the same manner as
Fargol. found the body of Patterson at Bar
retts salooo. a. .trfF rr U.
WITNESSES FOR THE DEFENSE.
J. H.. SEABER sVorn.-Was acquainted with
Patterson by sight aud reputation. On the 18th
Of Feb. last in the afternoon, was walking
down street with Van Wormington and when
pear Kyger's store heard Patterson say, al
will kill private Waterman for he is son Of
b." Idid not communicate this to any one
else. -a'f7-
N. V. B. VAS WoRNISGrox ,svorn. I knew
Patterson by sight. Was in this town on the
day 6efofe be Was killed; heard him have con-
versation in regard to private Watchman.
was going down street on the sidewalk near
HartHan]s hotel orFr ranks store aud heard Pat.
terson and another man talking; Patterson said he
would 'kill that son OF b. of q private
Watchman.s Ihaye lived here for some time.
Did nat see Donahue before that time that day; l
did not Know of any other private watchman
here at that time; knew Donahue was, for |
had been paying him as such while was doing
business here; told Donahue that night at g,
9 or 10 o'clock what Patterson said. When
told Donahie he stood for u few minutes with
his head dropped and then made some remark as
if he had appreheuded sohe trouble from that
quarter before. Donahues character as u pri-
vate watehman is good. Have only known him
a few months; do not know much OF his charac-
ter for peace and quiet. lie always conducted
himself we'll while knew him. tra-
Cross Examination. in business in town
little over two months, commenced business
about last Sept. and closed about month ago
Was near Franks store when heard Patterson's $
expression. II was late in the evening, but not
dark. Don't know the man Patterson was talk
ing to. 1t WAS after dinner. generally take
dinner between four and nve O'Clock; Sea Jer
was with me. Saw Donahde that night between
eight and twelve o'clock, in trout of Ryan's sa.
loon and told him then that heard Patterson
say, 81 will kill that sOn-of a b. Of a private
watchmau before leave iowa Went into the
saloon with Donahue; Patterson was then either
dancing or standing at the bar when went out.
Did not see Patterson or Donahue betting at any
game that night. Nr. Lasaier spoke 10 ME some
two or three weeks ago about my testimony 10
this case. have heard that Dugau was the At
torney OF Donahue but did not know it. Have
not seen aud conyersed with Donahue since his
arrest.
Mes5rs. Files, Sanford, Hathaway, Van Cs.en,
aud Kyger, were then called to testify as to the
character Of Donahue, and all testified to his
good character as private watchman, and rone
Of them had ever known him to have any trou.
h1 IL, A. N
him since 1857 crossed the plains with him;
knew him sergeant in the army at Fort
Yuma, Cal, rs watchman in Portland and this
place, and always heard him well spoken of.
The other witnesses had not knOwE him for a
great length of time but always found him quiet
and peaceable.
WITNESSES FOR TERRITORY.
CHARLES WARREN, sWorH.-Knew Patterson
know Douahue. Was with Patterson the night
before he was killed we went to Hartman 5 to
supper together aud went down street again
after supper with him never heard him make
any threats against Donahue or any private
wLtchman. We parted on the street; he said
he was going to buya dress for Hartmans little
girl.
DR. ToMPKGys, sporn.-Knew Patterson and
know Donahue Slightly; don't remember seeing
them together on the night before the shooting.
Was in Ball Il Stones saloon that night saw
both Patterson and D0nahue there, between 9
and II o'clock, but did not them together.
Mn. WHITE, sVorR.-Kuew Patterson and Dom |
ahue, and saw them both in Green and Ryan's !
sIioon on the night of the 18th OF February |
rast. They were playing at monte at the SAME
table, was with Patterson all the time be was |
there, aud then went over to the other saloon |
where be danced; Dohahue came ever there,
100. ',-. !
Here the evidence for both parties closed. |
Daring The time it was being given, the point of |
al lnittlng evidence of Patterson reputation |
was raised aud argued at some length, but such |
evidence was ruled out by the Court. The en-
tire day had been consumed ~ getting the evil
dence before the jury, and Coult adjourned, the
jury being permitted to separate as before.
WEDNESDAY .PROCEEpNGs. = The day was F,
consumed by the argument Of counsel and
barge of the Court. The argument was opened
by prosecuting attorney Fargo, who led off in
speech of an hours length, aud was followed by |
Messrs. Lasater and Langford for the prisoner
the former speaking two hours, and the latter
iria. more ;han hour. Judge Mix closed the
case for the Territory in an hours argument.
The charge to the jury viii be published in our
Issue next week.
THURSDAY, April 10 The jury came into
Court, having been out from four o clock P. NJ
and informed his Honor that thev
could not agree. standing seven for acquittal
tnd FIVE for tonVicticn,( when they were dis.
charged, and the prisoner returned to the charge
of the Sheriff. He will probably not be tried
again this term. -,-.,s>v. ,.....,l