The Lincoln County herald., 1872-01-11


when he stopped when Sydnor came in
l saw him from the south side Of the
stove; l looked to the east Of the stove
to see him I should have looked on the
west side to see Mr.. Trail; when Mr..
Sydnor came in turned my head toward
Jaynes as he (Sydnor) walked around
when / first saw him no was coming in
tho front door my head was south west
of the stove Sydnor was standing where
he stopped on the north east side Of the
stove ; my head while sitting down was
not as high us the stove could see
Sydnor's right hand while he was in that
position; my head was about foot and
three quarters from the stove, leaning to
the right; had been sitting there about
q quarter Of an hour l thought Jaynes
pistol was 10 his pants had been there
ever since sit down; when l sat down
| saw his pistol do not know whether
Sydnor had pistol when he drew his
hand out Of his pocket; he put his hand
under his coat behind him he put his
hand behind him after making the re-
mark | did not see any pistol in his
hand, when he put his hand behind him
he had his hand in his pocket when he
made the remark had completed the re
mark, before he put his hand behind
him; | kept my eyes on Sydnor from
the time he made the remark, until he
evelcd it, (his pistoD, on Jayuea; when
Jaynes fired took my eyes off Of sgd
nor my attention was directed to Sydnor
when he first came in, and I watched him
all the time until Jaynes fired; l could
not say what Jaynes was doing during
that time; all know about Jayncs'
pistol was, as it came over it fred did
not see him draw it; did not see sgd.
nor cock his pistol; looked like it was
cooked; thought it was one of those
self cookers.
REBUTTAL:-I could see both at the
same time | kept my eyes on Syduor
and watched him; did not sec Jaynes
when he first took hold of his pistol !;
Sydnor had drawn his pistol and levelled
it on Jayncs saw Jaynes pistol as it
turned over. At the time Sydnor drew
his pistol and presented it, Jaynes was
sitting with his hands across his lap and
had not taken bold Of his pistol as
cou d see.
John b. Trail, of lawful age, being
produced, sworn and charged, deposeth
and saith: know Josiah Jaynes he
was in my saloon on the night Of Dec.
25, 1871, about 8 o'clock he had pis
:ol he did not tell me he was going to
do anything with it | do not know where
ha | Il I.
threats.
James X. Cannon, sworn etc., says:
saw MIR. Jaynes on the evening Of Dec
25, 1871, about 8 o'clock, at Nr. Trails
saloon; do not know whether he had
pistol or not; he didn't say anything
about having uny; do not recollect that
he made any threats of killing any one
he said he had been iusulted asked
him why he did not fight; he said no had
not sufficient cause that was all he said
at that time; | do not rccollect of his
saying anything more he remarked that
he had been insulted and would not take
it any more.
Frank Woolf. being sworn, etc says
saw Josiah Jaynes on the evening of
the 25,h Of December, 1871; do not
know that he and Mr.. Sydnor had any
conversation in my shop; saw Jayncs
in my shop that night; Sydnor was in tn
shop when Jaynes came in; Sydnor said,
Charge Jaynes 20 cents and ,f,.he dent
pay it | will make him pay it, Jaynes
said nothing that | know Of he said
nothing after Sydnor went out; Sydnor
MI h,c
there was no one in the shop hut Jayncs
and |.
On the foregoing evidence Jaynes was
acquitted, and on Tuesday evening bid
his family goodby and left.
We think the Justices before whom he
was tried have loaded thems elves with an
uuenviabIe responsibility in not detain
ing Jaynes for trial before q higher tr,
bunal Five murders have been com
mitted in this judicial circuit within the
past two months, and the alarming growth
Of crimo should stimulate the enforce
ment Of the laws, but it seems to have
no effect. If criminals are thus acauit
ted by q mere examination before two or
three justices Of the peace, and permit
ted to fee the country, who can say his
life is safe, or that there is any protec
ton in our laws? With such evidence
as we publish, We are sure the case ought
to come before the Circuit Court.
THE CHAIN OF Rocks AFFAIR.-We
made mention last week that son Of Mr.
Greed Shelton had killed negro boy, but
were unable to give the particulars. We
have since learned that young Shelton,