Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-04-25

Inc COuTt granted perturbation Tor the
jury TO be taken to BuIlionville on Sun
day The defendant Gleason then re.
sumed the witness stand.
cRoss-ExAMINED.
] think the pistol IL in the same con-
dition lit was when taken from me by
Smith Gray, because there were but two
chambers OF 1t empty when II was taken
from me by Smith Gray. think two
chambers OF the pistol were empty when
smith Gray took it away from me, bo-
cause fired two shots. / fired it utter
Ryans pistol was taken away from him.
JOHN C. LYNCH
Was sworn and testified: ! knew James
G. King in his lifetime. know nothing
OF the circumstances the evening he was
reported to have died. heard he was
shot on tho evening Of Nov. 2, 1874. /
knew Smith Gray, at that time Consta-
bic. ! know james Gleason, the de-
PENDANT. Smith Gray came to mo l
think on the 9Th or 7th day OF Novem Der;
told me that hs had Gieason's pistol in
the Justices Office; asked mo II I would
not put it in my safe with the balance OF
his books and papers that were already
there, az he was afraid it would be stolen
out Of the Justices office. told him
yes. He brought it to me and he saw
me put il in the safe.
Here pistol is handed to the witness,
who WAS asked il that il the pistol that
you put in your safe in the presence Of
Smith Gray that be. Smith Gray, repre-
scented to DO tn. pistol Of James Gleason.
! can't swear that that is the pistol. 1
think it was round barrelled pistol cut
of and sighted. | do not think it 10 the
pistol. ] gave the pistol back to Smith
Gray that he gave me representing it to
be the pistol tiat he, Smith Gray. had
Probably about ten days or two weeks
after he gave it to me. / am not posi-.
tive as to the time.
Q. Is the pistol that / bold in my
hands that you gave it as your opinion
was not the pistol that Smith Gray gave
to you. representing it to be Gleason's,
not been cut off and sighted?
A. That pistol has been certainly cut
off and resiPhted.
@. The pistol that Smith Gray gave to
you that you have spoken OF as belong.
ing to defendant Gleason, which re-
manned in your safe during the time you
say il did, had it been tempered with.
shot off or reloaded before you gave il
back to Smith Gray again?
A. No sir. s-f s.
In explanation Mr.. Lynch said Smith
Gray has deposited with me during bis
term of Office upwards OF 100 pistols. and
it would be impossible for me to identify
that as the pistol or not.
cBoss-ExAMrSEp.
He did not return the pistol to me q
second time.
N.Wescoatt was then called and sworn
l am surveyor and engineer. Wit
ness attention was called to a diagram
and asked who made it? Ibid; it repre-
sents portion of Main street,in Phoebe
portion of Meadow Valley street, portion
of Lacour street, the sidewalks adjoin
ing said portion OF streets, and also the
houses adjoining said streets; it wa
made by measurement; the scale i
marked on it; the scale and measure
ments are correct.
The diagram was filed and marked
Exhibit d.
Jos. r. Hoag was then sworn an,
testified. Between the % day OF No
vember, 1874. and the LIST Monday il
January, 1875, l occupied an oficis
position: was Deputy Sheriff Of th,
county; as such Deputy Sheriff I had eI
elusive possession Of the Office durinI
those dates; l knew Smith Gray, wh,
was constable of Phoebe Township dur
ing those dates, aud inclusive OF the sec
( ond; l remember the time that il, wa
said James G.. King was shot in thi
town; l heard it asserted that Gleason
q the defendant, shot him.
, A pistol was here handed the witness
{ who was asked if he ever saw that shoe,
ing-ron before. Yes, sir; it was delivere
? to me by the Foreman of the Gran
Jury; the Foreman of the Grand Jury
| name was J. H. Cassidy; he delivered
to me as evidence in the case Of til
). State of Nevada VS.. JAS. Gleason.
Counsel for the prosecution moved
: strike out the latter part of the answ
. Of the witness, which motion was owe
:, ruled. .
= placed it in the safe in the Sheriff
q Office and locked the safe; retained
>. there in the safe until the 4th day
January, 1875. and then turned it ov
to Andy Fife, Sheriff of Lincoln count
:. the pistol is in the Identical shape it W
"a --twocyiinders empty, two caps off
!. the nipples: can not see anything d
terent; looks to be in the same conditio
should have said two chambers of I
y cylinder were empty; there are six chat
+ bers in the pistol have been describiu
u, the condition Of the other four chambe
~ and nipples was that they were load
{; with the caps on.
~, A. Fife, sworn aud testified, Sin
= the first Monday in January, 1875. ha
held the position of Sheriff Of Linco
county, Witnesa was then handed
pistol and asked to examine il and sti
Mt il he ever saw that shooting iron befor
re to which he replied; have: saw Il
o. pistol the first time on the first Mond
t. in January, 1876; it was delivered to l
ne by ]. r. Hoag; whsnit vas delivered
Id me there was two loads out and fo
he loads in. two caps of and four caps c
rk it is in the same condition now; (
Id condition of the pistol was not chang
ag from that in which l received it from
e- Il. Hoag. Deputy. Sheriff of this coun
re to the time delivered II to you in Co,
liz to-day; at the time l received the pis
It, from j. Il. Hoag il had mark By
IN or piece of paper under the hamu
Is. with JAS. Gleason's name upon it.
"a, - JOHN II. CASSIDY,
~ Sworn and examined.
The indictment in this case was hal
cd to the witness who was asked il
~. -. was the foreman of the grand Jury at
~ time that indictment was found, to VIII
70 he replied. was. 81 100
-, The witness was then asked to lool
hs the pistol handed to him by counsel
'n defendant. and asked If the same
10, before the grand jury at the time
1, charge Of murder was preferred agai
NV Gleason this defendant, a. q part OF
evidence thereon, before that grand i,
to which the witness replied: I &C
Wv not state positively that this was
same pistol; this pistol looks like
same pistol; did not take the mum
the pistol that was brought before
ore grand jury was handed over to Mr.. J
lis. Hoag deputy sheriff, by order Of
grand jury; il was turned over by my
1ue;uC tbo TINA <k.> r~oo.1