Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-04-22

by JUROR.
OF the weather for ten days previous to
this momentous occasion. Had there
been rain or snow
could not say.
Was tho ground moist or sufficiently
dry to form dust from gust Of wind
That could not say.
At the distance you were from the de-
ceased could you have mistaken smoke
for dusti
think not
Adjourned until two p. III.
AFTERNOON SESSION.
Upon renssembling, the Court inquired
as to whether any Of tho jurors knew any
OF the facts Of this case. When G. Dris.
coll, ono Of tho jurors. stated that he
knew nothing Of his own knowledge,
and nothing but what he had heard men
talk and had read in tho newspapers, and
the evidence in the court.
Mr.. Titler, juror, was then sworn
and testified.-My ago il forty years;
reside in Phoebe; my occupation Is cook.
On the first report Of the pistol ] was
sitting in the barber shop getting shaved,
right opposite Lewis store; got up out
OF the chair and went 10 the door; abont
that time the second shot was fired;
when ! got to the door looked across
the street; saw number Of men stand
ing there; Idon't know as ! can state
| any man Il name because ! did not have
| any object in view; the next thing saw
! see Smith Gray take hold Of man they
| called Gleason; Ibelieve be took him out
| towards Johnny Lynch's saloon, proba-
| bly, ten or fifteen feet from where he was
standing and then / looked at Lewis
store aud see a gentleman standing there
called King; he stepped about two or
three steps toward the edge Of the side
walk; he took aim at Smith Cray and
Gleason with his pistol out the full
length, Of his arm and shot bis pistol off
Smith Gray he let loose OF Mr.. Gleason
and stepped back and then Mr.. Gleason
and Smith Gray went up the street;
/ King he turned round and went toward
down or not; did not see because was
very anxious to get shaved. l seen the
smoke when l first got to the door; l
could not swear who shot the pistol off
The only shot which saw fired was the
one fred By King. That was the only
one / could swear to. When / went to
the door I should Judge defendant was
standing about twelve feet from where
the scuffle was. I could not see defend.
ants hands from where ! stood. His
back was turned toward me; l should
judge that the powder smoke which l
saw was about half way between defend.
ant and the ones that were scufiling.
DISCRIMINATION.
My attention was attracted by the re.
port of gunshot or pistol; did not hea,
but three reports. From the barber-shoI
where l was getting shaved King and
Ryan were across the street, little down
from where | was; should judge de
PENDANT to be above direct line drawn
from me to King and Ryan, don't
think it could have been more than two
or three feet. When / went to the dool
OF the barber shop l should judge de
feudant to be about twelve feet from
King and Ryan; suppose that the
smoke that saw was about SIX feet from
King and Ryan could not describe the
position of King and Ryan no more thar
. could see couple OF mer
on the ground. Their heads were
, down the street, should judge
, and their feet up the street
. / could not say how near their hesdi
. were to the sidewalk They could no
have been more than two feet from it a
| they were near the post. l could no
, draw m imaginary line directly across
! the street to the upper portion Of Lewis
store, because he was about opposite TIL
. middle of Lewis store; King and Ryan
{ heads must have been towards the lowe
I edge Of the store and sidewalk l meal
, that portion occupied by Lewis as store
I l did not see but two of the flashes
I They were the two last ones. l coul
r not say where the smoke came from
i Two shots were all heard before l sa,
Il Smith Gray take hold of Gleason. On
r report afte. that was all heard.
Q w. NJ. CURTIS
6 Testified as follows: My age is thirt,
" three. reside in Phoebe, am an eneinee
% knew james G.. King in his lifetime.
D. saw him on the ID OF Nov, 1874, at n,
$ 5 hosting works ut three o'clock in IL
l afternoon, ID Nov, 1874. He came
u where l was at work after he had gu
= work. waiting for me to quit. We can
l. down to my house, changed our cloth,
lie and came down to dinner. 1t was pc
u haps quarter Of five when "
~ dined, somewheres along Their
saw him after that hour: we were bot
I. standing on the corner of Meadow Va
~ ley and Main streets; left him standiu
u. on the corner talking to Tom Miller:
oi went down the street and went in,
n Lewis store; / remained in the stol
p about five minutes; while in Lewis stol
et something attracted my attention; foo
III steps seemed to be running on the sid
~ walk; then saw Bill Mcdonald, NJ
Q. Ryan and James Q. King, the decease,
ie they appeared to be trying to get hold
l each other, in which they succeede,
". King fell over the box which was res
AZ, ing on the outside edge of the sidewall
'd with Ryan on top; King fell out into Il
~ street; Ryan remained on top for fe
O. seconds and finally King rolled him owe
IN Ryan was lying flat on his black; Xii
~ was over him; their heads to the out
nc edge of the sidewalk their bodies we
ID extending ont into the street; the boo
~ Of King was. extending little up Il
II, street and out drawing line at rig
Id angles with the sidewalk and street
IL. tho body of the deceased was up Il
OF street; did not do anything ut that pa
mt tcular time; Immediately afterwards
ne told Jim McGovern to go Off and mil
he hi, own business and would quiet ii
a affair; Jim MoGovern was standi
he about thee or four feet from I
edge Of the sidewalk in the sire,
l was standing on the sidewalk close
aw the outer edge down the street fre
nd King or Ryan; McGovern was standi
he down the street also, perhaps ft
on lower than was; at that particular til
ION I was standing about two feet from Ry
ant and King, to the best of my judgme
nd After saying what did to McGoverl
ard stepped out into the street. took b,
red of Kingby the back Of the coat collar
rst endeavored to raise him on to his feet
ct did not succeed before some one stand
md or moving somewhere in tho neighb
the hood of the centre OF the street or
'ar- that direction, called me by name q
see said ''look out" turned immediat
it; afOuud nv loft arm oti1l bold;pc K;rc