Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-15

self, returned with the pistol not in
tending to uss my pistol unless he used
his pistol on me, (of course / was shoot
ing to kill him and he was shooting to
Kill mel. l consider. Mr.. Goldthwaite.
that Mr.. Potter had the best of it from
the start.
q. If you didn't want to have trouble
why did you come back to the saloon? A.
l gave reason before.
Give your reason now. A. Well the
reason of that was Mr.. Potter told me to
go and heal myself and come back
shooting; there's where thought had
the law in my hands, Mr.. Goldthwaite;
+! thought the law would protect me IN
doing what did.
q. What was it you thought the law
would protect you in? A. BY Mr.. Pot
ter telling me to 60 and get my pistol and
come back; l thought the law would pro-
tect me in it; I didn't come back shoot
ing because there were too many men in
the house; if l had ''come back shoot
ing l would have shot some other man
besides the one had the trouble with
q. Mr.. Howard, do you remember
anything that took plade in the saloon on
the night of the Sth of May, when you
were in there?
Mr.. Bishop objected. Objection sus-
tanned.
Q. Do you remember every thing that
Cured in the saloon that night between
You and Potter? A. Yes, sir.
Q. Have you stated to this jury every
thing that occurred between you and
Potter that night in the saloon? A..
After thinking some time. think l
| have.
REDIRECT EXAMINATION
l did not shoot as soon as l came to
the door with the pistol, because Mr..
Potter was sitting at the table with his
back to me; l waited because / did not
want to shoot him because he was sitting
down with his back to me. When l say
that thought the law would protect me
in what l did, if he shot at me, did not
make any effort to shoot at Potter until
he discharged his pistol at me. IAN
swer, not understanding the question. +
After the first shot was fired did not
shoot at Potter with intent to kill him, |
intended to kill him after he fired the
first shot at me. Bob Watts has left the
State.
j. b. Van Hagan.-I have as Deputy
Sheriff made search and inquiry for Bob
Watts; didn't find him; think was
told that he and Washburn and Morton
went off together.
The defense rested. Took recess till
l 80 o'clock p. m.
THE ARGUMENT.
After the closing of the testimony, the
argument of counsel began. Henry
Rives, of counsel for the prosecution
made the opening speech. He explained
that owing to the large criminal calendar
during the present term, lie had beer
designated to assist the DistrictAttorney
Mr.. Hives was followed by WV. BishoI
in behalf of the defendant. Mr.. BishoI
was succeeded by his associate counsel
j. G. Foster. The concluding argumen
was made by District Attorney Gold
thwaite Owing to the latelhour at which
the argument closed we are unable t.
give even synopsis of the remarks O
counsel. Suffice it: to say that each die
justice to his case.
INSTRUCTIONS.
Counsel for defendant and the State
respectively, read instructions to tn
jury, after which his Honor, Judge Full
Ter, further instructed the jury, and thel
Sheriff Travis and Deputy Hoag wer
sworn as bailiffs. The jury were left t.
their deliberations, and Howard was re
manded to Jail. 1t was just 10 o'clocl
when the jury retired. At II clock tn
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