Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-04-21

me. on the lowest side; / did not
see pistol in the hand Of Ryan
In the struggle between King and Ryan
at that time did not see n pistol in the
hands of King. King did not have to
advance over two feet or o foot, he
stepped on to the sidewalk before he
shot ut Gleason. After King stepped on
to the sidewalk he started toward the
door OF Lewis building and walked back
to the edge Of the sidewalk or near the
edge; he had his pistol in his hand and
shot in the direction OF Mr.. Gleason and
Smith; they were together. In order to
get on to the sidewalk King stepped two.
two and half or three feet, as near as l
could Judge. | believe answered 1.-TWO
feet or foot he stepped right on to the
sidewalk. l should Judge that after he
left his position toward the door to edge
OF sidewalk was eight or nine feet, he
walked the edge OF the sidewalk up to
Lewis door; near the door turned round
and then came back to- near the edge
OF the sidewalk again. the edge nearest
the street and that was the time be shot
at Gleason; at the time l saw King shoot
at Gleason l saw Kings pistol. He held
it in his right hand; do not know what
kind OF pistol it was; did not see
Kings pistOl until he got TO the edge of
the sidewalk. At the time saw Kings
pistol in his right hand he had the pistol
in his right hand bringing it up slowly.
He brought the pistol down slowly and
appeared to take aim and shoot. l know
Wertheimer, merchant in this town.
was in that store yesterday. I know
where G.. K. Alexanders drug store is,
near by Wertheimer's. l did not state
yesterday whilst in that store, in the
presence OF Louis Wertheimer, that at
the time Of the shooting have hereto.
fore described of the defendant and King,
that was 20 feet above the drug store,
meaning at the time Of the shooting and
AleIander's drug store, or words OF like
import. l positively say that / did not
say in that store on yesterday that was
70 feet above Alexander's drug store at
the time Of the shooting before men,
toned. or words Of like meaning. When
! was there yesterday do not recollect
who was there only Mr.. Wertheimer and
his son. l went in there to get box.
REDIRECT.
should judge I was in the store
about five minutes, perhaps not that
long.
A. MEvoY.
My age is Al, residence in Phoebe, oc.
cnpation driving job wagon. On the
I'd November, 1874, between 5 and G
o'clock in the evening / was in Phoebe,
in front OF John Lynch's saloon. loading
up wagon headed up the street on
Main street. l saw two men clinch in
front Of Lewis store, and one threw the
other down On the sidewalk; when they
fell their beads were near the side
walk or on th. sidewalk, and
their feet out in the street.
They were King and man called Ryan !;
did not know his name at that time; at
the time they clinched and fell, l noticed
pistol in Ryan's hand. or the man that
is called Ryan; Bill Mcdonald was the
only one that recollect seeing that had
any thing to do with them at that time
l saw defendant about 80 feet from where
their feet was, about in the center of the
street opposite the Doscher House; he
was going right towards the two men
that was down with pistol in his hands
with both hands as if it would not re-
volve at the time, or something; be was
walking right in the direction of the men
that were down; he walked almost 20 feet
from the time first saw him, when be
stopped and fred his pistol; the first
shot did not see any signs of the ball
knocking any dust or anything; the sec.
ond, did; think Smith Gray got hold
of Gleason when defendant fred the frs,
shot; the pistol it was pointing down the
street; the men were lying below where
he was; when be fred first be stopped; ]
really cannot tell how far he advanced
before he fred the second time; 1 don Z
think be advanced more than a short
step, probably two feet; he advanced a
| little toward them; when defendant fred
the sh DTS his pistol was pointed right
towards them when the defendant fred
the shots the feet of Jas. G. King was
toward defendant; King was laying on
his belly; the back of the deceased was
toward the defendant when he fired the
shots: deceaseds head was a little on
the sidewalk, and his feet were little
out on the street; l think that his head
was little more down the street than
his feet; When FIRST saw the defendant
he was about the middle of the street; he
had the six-shooter in his hand; I was
sitting on the wagon and noticed it, anG
he advanced up toward the men about q
feet, quartering down the street, as near a!
l can state, and stopped and fired; wher
l saw him, he walked right towards then
with sx.shooter in his hands, in thi
way, (shows), with both hands hold o
it, and advanced towards them 20 feet
when be fred towards them where the,
were scutfling; he advanced a littl,
towards them and fired again; when b
fired the second time he pointed the pis
tol little quartering down the street; i
was pointed toward deceased; when de-
PENDANT fred the first shot I did not SCI
the ground disturbed or dust raised a
though the ball from the pistol strucl
the ground; saw the dirt fly when b.
fhed the second shot as though it strucl
on the ground; l think it must have beef
two feet from Ryan and King.
CROSS. ExAMINATIoN.
The first that attracted my attention
was Col. Richardson saying somethin,
about six-shooter, when 1 got on tn
seat of my wagon and was lookin at then
until they fell; 1 think I heard fouI
shots from the time Col. Richardson
spoke about six-shooter until tn
shooting was entirely over; I think tn
defendant was the first one that shot;
saw two persons with shootine-iro,
during that difficulty besides Jas. Rya
-one was Gleason, the other was KING
there were several standing around Kin
and Ryan; could not name any on
but Bill Mcdonald; do not know Jas
McGovern by name; did not see an
one with pistols in their hands but Ry an
King and Gleason; did not say out t.
Col. Richardson "see the pistol whel
my attention was attracted to the from
of Lewis store; am as certain of tina
fact as to any other circumstance t,
which l have testified during this exam
ination; by attention was first attracts
by Col. Richardson; his remark was
there is tight-look out for six.shoot
ers, or something to that effect, as nea
as l could tell it; had just finishe,
loading my wagon, the last had to tax
away from there; the loading think wa
liquors of some kind-it was case goods
Colonel Richardson helped with one box
am sure, and there was some one else
I do not recollect; Richardson, the othe
| v,orcnn whnco mama T oo,Bk