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

sitting beside the counsel as Mr.. Curtis.
Mr.. Curtis had hold OF Kings coat when
tho defendant fred tho first shot. He
had hold about the collar OF the coat as
near IA could judge. To the best Of my
recollection Immediately after the first
shot Mr.. Curtis stepped back on to the
sidewalk.
CROSS. EXAMINATION.
| benrd three shots in all. james
King fired the third shot that / heard.
think most likely would have heard il
| il there had been more than three shots
l noticed Smith Gray at the time he took
hold Of defendant. Smith Gray caught
hold of defendants arm in this manner
| (shows) and jerked him round. They
were struggling for q pistol in defend
ants hand. He approached kind OF side
ways neither back nor front. No, sir; he
(Smith Gray did not approach defend
ant when his (deiendant's) back was
toward Smith Gray and throw his (Gray
arms round defendant holding the
defendants arms tightly to his defend
andts) body, and in that position King
shot at him; Smith Gray had hold oil
Mr. Gleason at tho time that King shot
| Nv oIuy Wdh
a constable, deputy constable, or some.
thing 10 recognized; no, sir. defendant
did not fire after Smith Gray arrested
him, to my knowledge; well, think If
Mr.. Gleason had fired the third shot l
would have been very apt to have heard
it; don't see how could miss hearing
Ii; think would have'been certain to
have heard it, am certain beyound a
possibility OF doubt that King, the de-
ceased, fired one shot on that occasion
am certain beyond q possibility of a
doubt that James Gleason, the defend
ant, fired two shots before King fred
his shot and the arrest made by Smith
Gray; when saw Smith Gray make the
arrest don't think had moved out Of
position near Mrs. Grambs' door; | Just
got acquainted with James G. King in
tho latter part Of go, on Treasure Hill; I
lived with him five months; we both
cabined together; we were intimate
friends at that time; never had any
thing 10 do with him here any more than
to pass the time OF day, speak to him
and pass on; never had hard word with
the man; never had hard thought
against him; he never done me no harm
l don't think ever talked about the
case until after / was summoned as q
witness; only once ! talked to Mr..
Ryan, one night, in Lynch's saloon,
about ! CLOCK at night, and then we did
not say much in regard to the trouble; I
forget what passed between us.
Counsel then asked a question as fol-
lows:
You told Ryan on that occasion, speak
ing Of his difficulty, that Gleason could
not escape the Penitentiary. Did you
not?
Objected. Objection overruled. Wit
ness replied
don't recollect of telling Mr.. Ryan
SO; will not say that did not tell him
so.
Drawing line directly from Gleason
when first saw him coming from the
direction of COINS store to the point
where was standing, it would leave
| them up the street from me. At the
time that King occupied the position
over Ryan as have heretofore describ
ed, Ryan was under him lying there. l
don't know as l can describe the posi-.
ton he was in. kind of think he was
lying on his side, to the best of my
knowledge. could not exactly describe
it; think was subpnnaed two days be-
fore the trial commenced. Since I was
summoned I talked to Mr.. Hunt and in
DR.. Alexander's drug store the night be.
fore last; some two or three of the wit.
nesses came in there, some OF whom had
been sworn, and they spoke about it
| believe to Dr. Alexander about the mum.
Der Of shots that were fired. think one
was Col. Richardson. and either Melon
aid or Dowell. Those two witnesses did
not repeat any portion OF their testimony
in DR.. Alexander's more than the mum.
Der of shots.
A question was then asked, objected to,
and the objection was by the Court sus.
| tanned.
Witness continued: / did not know
King was wounded or what part of King 4
| body was wounded. / heard be was
shot in the back. l heard no more than
that he was shot in the back. The back
is a particular portion of the body.
should Judge. l did not see King aite,
they brought him into the store until neyl
morning. when he was brought tc
Hanly's Hall. l went to the store to see
him and they would not let me in
Barney came to the door. asked hin
il could go in to see him, and he SAID
no.
Adjourned till o'clock.
AFTERNOON SESSION.
The discrimination of Bell wa
continued.
was able to so particularly describe
the position of King, the deceased. be
| E;nu nf Rvon onl !
gave me q better chance to see him;
could not tell whether Kings hands wer
on the ground or not; l do not know
if l could exactly describe the posi-
ton of Kings breast and Ryan
person il Kings hands were on tn
ground; he was right over him; coul,
not say for certain how Kings hand
were; if Kings hands had been resting
upon the ground think his chest woul,
have been in contact with Ryan's body
could see portion of Kings body;
think the heads Of King and Ryan wer
nearly pointing in the same direction;
cannot describe it exactly how they were
there might have been space of fifteel
inches or over between the heads of tn
two and not seen it; my attention wa
partly on Mr.. Gleason at this time; cal
not describe Kings position with sucl
certainty, when my attention was partly at
tracted towards Gleason. because we wer
all three in line, or very near it; at thi
time was standing on the sidewalk;
mean Mr.. Gleason, Mr.. Ryan, mysel
and King; meant the four in speakin
of the three; Mr.. Ryan and Mr.. Kin
being so close together is the way 1 hap
pened to mention the three; Ryan an
King we're a party by themselves; 1 sa,
Ryan and Mcdonald at the same time
they were scuffiing together; Mr.. Mo
Donald had hold of Mr.. Ryan; | coul
not tell exactly where; think he ha
hold of his arm; did not see that Kin
was doing anything, only lying there
Curtis had hold of King by the coat;
cant describe Kings probable weight
should judge 165 or ITO pounds; Curt
did not pull King off of Ryan; he wa
pulling at him; did not see Mcdonald
pull Ryan from beneath King; King wa
not lying on Ryan at the time he king
shot at Gleason, the defendant; Kin
walked out 10 the edge of the sdewal
in kind Of STOPPING position; by tn
edge of the sidewalk mean the portion
of the sidewalk nearest to the stree
| ~, a,,ao b;uO ~ ha aJra. T oor11 :,