Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-05-08

The Court opened at the usual hour.
Fifty-nine witnesses were called and
sworn.
FRANK MERRILL
Testified: My age is 80. reside in Phoebe,
am q blacksmith; on I'd Of Now, 1874,
between and p. M, was in Phoebe,
on Main street, In front Of Lewis store;
I saw disturbance at that time. heard
shots fred; saw the parties firing them;
know who fired the FIRST shot; saw the
defendant; know he fred the first shot,
I saw him; when be fred the first shot !
was 20 or 80 feet from him; ! saw par
ties engaged in difficulty at that time;
they were on the sidewalk; they seemed
to be fighting or in difficulty; at the
time heard the first shot they were
lying ON the ground scufiing; just prior
to that time they were falling off the
sidewalk; deceased had no pistol in his
hand when they fell off the sidewalk: af-
ter Isaw the deceased lying on the ground
he got up and went back in the store and
then came out and fired; The deceased
bad pistol in his hand when he got up
from the ground; did not see any pis.
tol in his band when he got mp; when he
got up was 20 or 80 feet from him;
had been 10 that position from the time
the difficulty commenced.
CROSS. ExAMINEp.
heard more than one shot, l heard
four; was looking at the defendant all
tho time when he was shooting; of the
four shots, defendant fired three; King
fred the fourth; l did not know him at
that time; he was scuffling on the ground
know ]. Ryan; did not know Ryan
then; King and Ryan that then did not
know were then scuffiing on the ground;
at that time was standing up in the
center OF the street wide awake; I was
standing with Lewis store on one side
l don't know names of other stores OF
shops; was stranger here at that time
and have only been in town few weeks
now; l was directly opposite the store
about the middle Of the street; am
satisfied with my answer about my poai.
ton; mean on the line In front oil
Lewis store where the line passes his
store; don't know the width Of LIE wis
store; the width OF Main street in front
of Lewis store 10 so or GO feet; l should
think, don't know the exact width;
know 90 nigh where the center is as
know the width Of the street, they
are both only my Judgment; wit.
ness shown diagram upon which he
marks his position at the time be saw
two men fall of the sidewalk; I was
locking along the sidewalk ct that time
witness marks on diagram the spot de-
PENDANT occupied when be fred tie firs
shot; voted at the election last Fall a,
Panaca; have lived at Panaca two
years; have been in Phoebe severs
times before that day; my business two
years prior to the time speak of wal
blacksmithing; had q partner; 1 came
up to Phoebe the morning Of the day
saw defendant FIRE the first shot; hav,
been subpHnaed in this case or day,
ago, Tuesday; l did not tell anybody
what could swear to, was talking abou
il in store; Danl. Shanklin and youp,
Cluts were present; Olute did not wan
me to come here and testify; Shanklir
said nothing about my testifying; l liv.
in dwelling house with my wife and
children; don't know where Shsnklil
or Jacques live; my attention was at
tracted to the dificulty by seeing ami
hearing them on the sidewalk; they wer
fighting and scufiing. trying to hurt on,
another; don't know whether either o
them hurt the other; did not see an,
person with pistol in hand At that time
q that particular time; before hear,
the hrst ahot Ibid not see man imme
diately In front Of the two that wer
fighting. with pistol drawn in front Q
him waving the pistol in front Of the tv
that were struggling. crying out o
speaking out stand back; did mot nc
tics anyone trying to take . pistol fror
the parties; from the time III NV Is
men struggling to the time thsy fell "a
3 or 4 seconds; they struggled on ID
ground 5 or seconds before heard III
frat shot; was looking At them all II
time; can't tell the number Of ID
crowd; about or 10 as near Is
can recollect; mono Of those persons wer
between me- and the parties struggling
the crowd OF or 10 men seemed 10
there whom the trouble commenced;
don't know where they came from; a.
Go to the San Joee Hotel. Mat