The Lincoln County herald., 1872-01-11
Cross EXAMINATION By DEFENDANT.

1t must have been one hour, and per-
haps two or three, from the time Mr..
Jaynes came in the saloon until the diff
Guilty. l saw the pistol about half an
hour before the difficulty. He was show.
ing it to Mr.. Thomason. Don't know
where hc carried tho pistol. When
rhomason handed him the pistol, he
stuck it in between his pants and drawers
and 1t slipped down his pants leg. He
was standing up in the floor at the time.
l told him to take it out. for fear he
would shoot some Of us. Mr.. Jaynes
took his seat and pulled the pistol out of
his pants Leg. He got up out Of that
chair and took q seat where he was sitting
when he shot Mr.. Sydnor. From the
time he took that seat until he shot Mr. s.
it was about half an hour. l think the
chair that Jaynes was sitting ia was
toucking the wall. Jaynes had his head
against the wall. Jayncs did not change
his position when Sydnor came in that |
know Of. heard Mr.. Jaynos say moth
ing more to Mr.. Sydnor than l detailed
in my examination in chief. l walked
behind the bar to wait on Mr. S. when ho
came 10. While I was behind the bar
the first thing that attracted my attention
was Sydnor's remark: "You draw
pis,o! on me aud | will shoot - out
Of you" Jayues made no reply to this.
MIR. Sydnor still had the pistol in bis
hand when he fell over on the foor. DO
not know who recovered the pistol from
MIR. Sydnor's hand after he fell When
MIR. Sydnor made this remark, | did not
see his pistol. came from behind the
counter before | saw the pistol in Sgd
nor's hand. AS s. made that remark he
turned with his right hand towards Jaynes
Mr.. Sydnor was standing with his right
arm extended and his pistol pointing
towards Jaynes, at the time he made the
remark ; that is he assumed this attitude
as be made the aforesaid remark. From
the time saw this until Chat is S. with
his pistol presented) Jaynes shot, it was
a very short time. Sydnor had his pistol
presented when Jaynes shot. I do not
know where Mr.. Sydnor drew his pistol
from.
DR.. W. s. HUT. being sworn, ETC.,
states: l reside in Troy, Lincoln county,
Mo. Am 30 years of age am prac
ticing physician. examined the wound
Of Mr. W. II. Sydnor on the 25th of De-
cember, 1871, about 10 oclok p. M. He
was shot on the right side (gun- shot
wouud). Ball entered q or 8 inches
back OF the right nipple and ranging in
IN parallel Of three quarters of an inch
below the right nipple. probed the
wound about 3 inches and ascertained its
direction to be toward the heart. This
wound was sufficient to produce death.
The ball first entered the coat sleeve,
slightly touching the right arm produc
ing an ebrasion Of the skin Of the right
arm, thence through the coat and vest
covering the right chest, and produced
the wound before described. From the
nature and character Of the wound, my
best impression is that the arm was in
semAex or half bent position. l sup
pose he had been dead about two and
half minutes.
Monroe Thomson, deposeth, and says
| reside in St. Charles County, Mo; l
was in Thornhi!l's hotel and saloon on
the evening of December 25th, 1871 !;
Josiah Jaynes, Trail, Whit Sydnor and
myself were iu the saloon had been
in there one quarter Of an hour be!oro
Sydnor came IN; Jaynes had been in
there during that time after Sydnor
came in he walked round in front of the
s,ovc facing Mr.. Jaynes Mr.. Jayues
spoke to him and said if you have anything
against me 90 up and take drink; he
said to Mr.. Jaynes "You draw pistol on
me and Ill shoot the - out Of vou;"
Mr. Jaynes drew his pistol out of his pants ;
Sydnor took out his pistol as he made the
remark and pointed it at Jayncs he
made the remark, drew his pistol out and
pointed it at Jaynes before Jaynes drew
his; Jayhes took his pistol out of his
pants the handle was protruding so |
could see it; he had his pistol in tina,
position before Sydnor came in ; it had
been laying there about five minutes
when Sylnor came in; it was in that
same position when Syduor came in and
remained that way until after Sgd
nor spoke; it was in that position
when Sydnor drew his pistol and pre-
sented it at Jaynes the stove fronts
north and sets on the south side of the
room, about two feet from the wall !;
Jaynes was sitting on the east side of the
stove against the wall with his face
turned north; was sitting on the
other side of the stove with my feet on
the stove; was in a position that l
could see Jaynes directly; was in a
position that could see Sydnor fairly at
tho same .timo; am certain that Sgd.
nor made the remark "God damn you,
I'll shoot the - out Of you" and p'e.
-en'ed his pistol before Javncs urew his
Mr.. Sydnor, when he took his stand be-
fore the stove, had his hands in his
pockets at the time Sydnor made the
remark to Jaynes, he drew his right hand
out of his right hand pocket, where he
took the pistol from; | do not know