The Montana post., 1868-10-02
,he eonn,er: have seen the body since

,he counter; have seen the body since
dead.
cross examined by Col. Chadwick
Second wound was on the wrist oil lett
hand. lust under the skin.
DIR. Bullard being sworn testlneo as
as follows: My name is w. *. Bullard;
/ reside in Helena, Lewis and Clark Coun-
ty am a Physician and Surgeon; L rec
oIlect seeing Mr. Beall last Friday at the
Office of the Montana Posi- between the
hours of . and o'clock He was laying
AGAINST the wall l did not examine his
wounds; we had no instruments Dr.
Click came in with his case as there
were more surgeons than could examine,
stepped aside / saw the wound on the
lett cheek it entered on the LETT malar
bone as l did not examine 1t, have no
idea of the direction the ball took, but II
II RANGED outside the skull or lodged in
the temporal bone, it would in itself
have been fatal.
AT this point the court adjourned for
one hour.
Alta o'clock p. m. the Court convened.
Gen. HOWE produced the two pistols re-
ferred to in his testimony, and stated to
Court: This is the pistol L took from
the hand of Gov. Beail 1t was cooked:
II was loaded at the time; locked it in
the safe tor a time and then put 1t in my
desk it has been in my possession ever
since. This is the revolver | took from
Mr.. Pinney; when l took IL L found
two chambers empty and one cap
snapped. Mr.. Howie then showed the
Court the relative position OF the parties
and the situation of Gov. Beall.
VIM. Winet being sworn testified as
follows: Nv name is VIM. Winet i
III 4
in the composition room on last Friday
about two o'clock. The first thing
heard in regard TO this affair was
Mr.. Pinney saying to Mr.. Beall-you
have got pistol in your hand; put 1t
mn. The door was open between the
composition room and office. l saw Mr..
Beall standing at the counter facing Mr..
Pinney; his hands were crossed behind
him, and in his right hand lac held a
derringer. | think Mr.. Pinney said,
don't want any trouble with you; put
up your pistol and go away. l then
heard Mr. Pinney say, don't shoot at
me. | then heard the snap of cap,
about which time / got back into the
composing room tor knew there would
be trouble. | then heard two shots
fired. / went to the door after it was
over and saw Gov. Beall; | did not go
I
Immediately heard him say nothing
about it; il was not over two minutes
between the time l heard Mr.. Pinney
saw, don't shoot, and the time l heard
the shot. | was standing on the left
side of the composing room where
could see through the door. Mr.. Beall
was standing facing Mr.. Pinney, his side
to the composing room door; saw dis
tipctly a derringer in Gov. Bealls right
hand.
Cross examined by Col. Chadwick
/ saw Mr.. Copp start towards the door;
| recognize the DerTiuger in court as the
one | saw in Gov Beall's hand. | did
not see Gov Beall all the time from
when / heard Mr.. Pinney speak and
the shooting; l did not see all that was
done.
At this point the counsel for the prose
cution consulted few moments to
gether, and Judge Williams arose and
very courteously stated. in substance,
that after investigating the case so far,
and upon hearing the evidence given,
they consider it contrary TO law and JUS
tice to continue the prosecution any fur
ther, and that they desired TO with~
draw the complaint.
Mr.. Chadwick said in substance, that
if the prosecution desired TO abandon the
case and withdraw the complaint, he
would moove that Mr.. Pinney be dis
charged.
Mr.. Claggett remarked that in behalf
of the defense. he would say that Mr..
Pinney desired the fullest and most
rigid examination and courted the clos
est investigation, and that prosecutions
were abandoned and charges withdrawn
in only two cases-one when there was
no evidence to produce, the other when
man with a deadly weapon entered
the castle of another TO take his life.
The Court thereupon discharged Mr.
Pinney from custody and all liability
under the complaint.