Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-04-28
AFTERNOON SESSION.
T MILLER

AFTERNOON SESSION.
MILLER
Testified: saw James y. King about 5
O'Clock in the evening Of the I'd OF No.
vember, 1874, at the corner Of Kasten's
building, at the junction Of Meadow Val
ley and Main streets; had seen James
G. King, tho deceased, between the hours
OF and 8 o'clock in the morning OF the
same day-the I'd OF November, 1874;
seen him at Hanilton's saloon first; |
mean Earl Hamilton's saloon, OH the
north side OF Main street; ! don't know
as could name anybody particular that
was there; can not name any one that
was there; James c. King was in the
same saloon prior to my coming in; l
was friend Of James G. Kings at that
time; we remained in Hamilton's saloon
on that morning probably ten or fifteen
minutes, as near as can recollec.; | en-
tered the saloon about o'clock, as near
as can judge; did not see James c.
King at the time he entered Hamilton's
saloon on that morning; had not been
to bed on that night prior to O. clock;
had seen James c. King about o'clock
that night; | think 1t was in front Of
Lewis store; l could not say positively
where it was; l saw King after 0 clock
in the morning in the Armory Hall
saloon. on Meadow Valley street, kept by
X. J. Hanley; I saw him with pistol at
the time that saw him iu the Armory
Hall saloon, kept by X. ]. Hanley; it
was au old Colts navy pistol; saw him
have that pistol in his possession only
few minutes; be was going to exchange
with Kennedy Hanley. and l stopped
him and gave him the pistol that l had
on me in place Of it, l mean that he was
going to exchange his Kings, pistol for
X. j. Hanley's pistol; don't know as
there was any object in the exchange OF
pistols; King remarked that be had Dor.
rowed the pistol that he had and that be
would rather have one that he knew bet.
ter, that is my recollection OF it; he did
not claim to own the pistol that X. J.
Hanley was about to let him that l know
Of; he did not give any reason at that
time why he King knew the pistol OF
X. J. Hanley's WAS better than the one
he had borrowed and proposed to ex.
change for X. Haney's pistol.
The witness was here asked. did he
say at that time or give any reason why
had borrowed the pistol2 To which the
witness answered:
Yes, sir.
On being told the name and reason.
counsel for the prosecution objected,
whereupon the Court instructed the wit
ness to answer, and give any reason
which was given by Mr.. King directly
involving the defendant in this case. if
any such reason was given, but to give
no reasons which relate exclusively to
other parties, to which ruling counsel for
the defense objected.
Counsel for the defense then asked
leave to withdraw the witness from the
stand for the time being, and asked until
tomorrow morning, at lOa m, to pro-
duce the witnesses TO lay the predicate
that James Gleason is one that WAS in.
cluded by King at the time he made the
remark that he could whip Ryan or any
of his crowd.
X. J. HANLEY
Was recalled and further cross-eNam-
ined;
Q. In giving your testimony at the
examination before the Coroner's Jury
did you use the following language Il
was on horseback on Main street at the
time of the difficulty. fronting the de.
ceased ut the time. l saw the deceased
nearly on his knees. saw Mr.. Gleason
with pistol. no either rested it across
his arm or held it with both hands. l
saw the flash at the same time. l went
little closer and he shot again. just as
l got there l heard another report, but
could not say who fired it,?
A. ! used the language but the Ian.
guage is not connected as l used it. It
should have read, / heard the shot that
l did not see when l got there. What
mean by got there, when got to the
men l was talking with at the time.
mean Mr.. Probyn and tho other party
have spoken Of before. believe | was
talking to them at the time heard a
shot. | heard no shot before l was
talking to them. I talked to them
very short time. l believe we had
ceased conversation before the shot was
fired. made the remark that there was
n row before the shot was fred. I left
Immediately after the shot was fired. I
was looking particularly toward tho de.
PENDANT at the time heard the report of
the fret shot.
Q. At the Coroner's inquest in giving
your testimony did you use this Ian.
guage: "He either rested it across his
arm or held it with both hands. saw
the flash at the same time" or words to
that effect?
Objected to but the objection was
overruled.
A. think l did. l referred to Mr..
Gleason as the person who rested il
across his arms or held 1t with both
hands. should Judge it was cut off
six.sbooter that rested across his arm or
held in both hands at that time. saw
the flash Of powder. should Judge the
flash Of powder was caused by percus-
sion cap. I saw the flash on Main street
in the town of Phoebe.
@. Was not the flash which YOU re-
ferred to in your examination before the
Coroner's jury when you used the fol.
lowing language: II saw Mr.. Gleason
with pistol. He either rested it across
his arm or held it with both hands. I
saw the flash at the same time," caused
by Mr.. Gleason at that instant firing his
pistol toward the deceased?
Objected to and objection overruled.
A. don't understand the question.
@. When you used the words II saw
the flash at the same time," did you mo-
refer to the fash caused by the defendan
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