Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-09-18

myself in case this party attacked me,
which / expected he wonld do. did not
have or get any other weapon before the
shooting. I had. at the time Of the
shooting, seli-cocking six shooter in
my right coat pocket. had my hand on
il till the time OF the shooting. II was so
large yon could not carry il in your coat |
pocket without exposing II. unless you
put your hand on it. bal on this coat
Ia blue sack coatl. A few minutes be- |
fore the shooting / probably passed by |
the lower, outside corner of the boot
black stand when I went from Tyler's
place 20 Pres. Wand's saloon. From
Pres. Wand's saloon / went up Main
street on the sidewalk. As was thus
walking saw Courtney. He was slmost
in front of the City Club Room, or rather
in front of that fruit store, and ! was
standing in the same position looking up
the street, two or three feet further ont
when first saw him
THE SHOOTING
When I first saw Courtney he was
coming towards me very fast; had his
hand in his right coat pocket. saw him
move his hand. Ipnlled my pistol and
fired, saying, at the instant OF the firing,
II am here, ready for you " He stepped
on down the street, still facing me, rails
ing his hand out of his coat pocket, when
l fired again. He turned clear around
and started to run, when / fired again.
He ran into the door -the main street en-
trance of Pres. Wani's saloon-and /
followed him as close as | could, and in
side the saloon l shot him again--or shot
at him--not positive what balls hit him.
He ran on out Of the Meadow Valley
street entrance with his hand thrown I'M
der his coat, ike this las if to draw a
pistol. As he got out on Meadow Valley
street I fred again. followed him a
few steps into the street and fired again.
He was running from me very fast.
was arrested then and taken away. II
either of the first shots struck Courtney
they would have struck him in front. II
any Of those after the second had struck
him they could only have strhck him in
the back. Immediately after the last
shot, and before heard the report of
how he was shot, I didn't think had
hurt him at all. He was running SO fast
that he didn't appear to BE- hurt. -
@. What were the reasons that were
then in ynur mind for firing the first shot
at Courtney? A. l knew # I didn't that
he'd kill me; that if he got the first shot
he'd kill me.
Q. What was your opinion as to his
being in ths,lct OF getting the first shot
at you? A. l was satisfied be was a
going to shoot me from his actions
O. Describe again, as particularly AS
you can, his actions leading you to that
belief? A. He was making right square
at me, and had been walking very fast,
and came suddenly to slow walk-ap-
parently halted He was moving his
hand in his pocket at the time | fired,
and had a very troubled look on his face,
think; that was my idea of it.
Q. What do you mean by a troubled
look? What was the Indication of his
look? What did his look indicate: A.
He was staring right at me ~ though he
wanted to make fight. ..
@. After Courtney commenced to run
why did you pursue and shoot him. A
/ knew that as quick as quit shooting
that il hadn't killed him, he'd kill me
knowing the Character of the man. tina,
he would not hesitate moment, if
wasn't shooting at him, to kill me.
Q. How long had You resided il
Phoebe prior to the first o! August last
A. Six or seven months.
Q. Did you know the general reputa
ton Of Morgan Courtney in this commu
nifty at and Immediately preceding tn
shooting as dangerous and treaeherou
man, and his reputation for shootin!
men without giving them chance?
The prosecution objected on tn
grounds: LIST, that the question is lend
ing and suggestive; I'd, that the reputa
ton, habits and character OF Morgan
Courtney, the deceased, could not justify
extenuate or explain away the crime @
the defendant, shooting Morgan Court
nsy and taking away his life; Sd, tina
the good or bad character of the decease
can afford no excuse for the defendan
in taking his life.
The objection was argued until fiv
minutes to six. The decision of tn
matter was withheld until to-day. Th
, Court then announced to those present
that the jurors not already impanele
had been excused till 10 o'clock Monda
! morning next. The court then adjourne
until 10 o'clock this morning.
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