Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-04-18

The Cont met yesterday at the usual
hour.
State VI. Central Nevada Railroad.
Case dismissed.
All other motions ard bushes were
continued.
The trial Of Gleason was then resumed.
John A. Dowell took the stand and his
cross-examination by the counsel for the
defendant proceeded with. He said:
l saw Ryan and King scuffiing or
struggling near the lower side OF the
Lewis building, off Of the sidewalk; am
acquainted with Mcdonald, foreman Of
the Meadow Valley mine; at the time
my attention was first attracted to King
and Ryan, did not see VIM. Mcdonald
with the two mentioned before or either
OF taem struggling to take something
from one or the other; saw the strug-
gle before saw the first shot fired. In
answer to the question,
How long was it then after you heard
tho struggle across the street that at
tracted your attention, before you saw
defendant Gleason fire the first shot
which you have heretofore mentionedy
Witness replied: could not fix the
time, 1t was very quick; it could not
have been over five to ten seconds; it is
very hard to fix tho time; / think
stated in my direct examination that
King before he fired the shot toward de.
PENDANT stepped ont from the crowd and
was on the street from the sidewalk some
few feet; mean by few feet above five
or six feet; it might have been more or
less; am positively certain that King
was on the ground in the street and off
OF the sidewalk at the time he fred his
pistol toward the defendant. This
closed the examination Of this witness,
and
COL. RICHARDSON
Was then called. He stated that he was
70 years Of age, resided at Phoebe, and
was carpenter. Between the hours OF
5 and 6 o'clock on the % November,
1874. WAS at the corner, at Lynch's
saloon, on the corner of Main and
Lacour street; l was standing on Main
street; ! was loading team with Mr..
McEvoy. The first saw that attracted
my attention was Mr.. Ryan and Mr.. King
scuihIpg partly on the sidewalk and part
" On the street. They fell to the ground.
They fell just off Of the edge Of the side.
walk: When they fell King was on top
and AIR. Ryan underneath. I saw other
parties there other than King and Ryan.
All could see that recognized was Jim
McGovern and Mcdonald; l saw the de-
fendant Gleason in that vicinity. When
first saw him be was about the center
OF the street; be was crossing the street
toward where Mr. Ryan and Mr.. King
were scuftiing; when / saw him be had
nothing in his hands, coming across the
street, little down. Lot exactly straight
across; within about u or 20 feet of
King and Ryan he drew pistol and
fired; advanced about probably two feet
and fired second shot. By this time l
with Gray got there: / saw him catch
hold of Mr.. Gleason. Mr.. Gleason in
turning round fred the third shot: l
could not say positive how far the de-
iendant was from the deceased when he
fired the first shot, about 90 feet to the
best of my knowledge. When defend.
ant fired the first and second shots | was
standing about As or so feet from de.
PENDANT could not say whether de.
fendant held his pistol in one or both
hands; think he held it in his right
hand; he was leaning little forward
with his right hand and arm extended
pointing in the direction of King and
Ryan, when he fired. did not notice
whether or not the defendant held his
pistol in both hands at any time after he
drew it, either before be fired, at the time
he fired or after be fired. Defendant was
not walking when l was saw him; he was
running when | first saw him. not very
fast; he halted to fire; l noticed the DO.
sihon OF the deceased at or about the
time the defendant fired the first and
second shots. When / first saw him
when the first shot was fired King was
down on his knees, and I cannot saw
whether his hands We're or not, with Mr..
Ryan underneath. A question was then
propounded and objected to by counsel
for the defense. Objection oyerruled
and exception noted. Immediately after
the first shot was fired my attention was
not directed particularly to King at that
time. Another question was then asked
Objected to and objection sustained.
Defendant Gleason when he fired the
two shots pointed his pistol In the direc.
ton OF King. When defendant fred the
the two shots the back of King was
toward defendant. l didn't notice Mr.,
Ryan after the time the shots were fred
| saw Mr.. King just about at the door ster
of Lewis's store; saw him staeeer from,
the store out TO the edge Of the sidewalk
saw him draw his pistol ana fire at the
defendant, Mr.. Gleason he then stseger.
ed back and partly fell near the door
that is the last saw Of him until prob
| ably a quarter of a minnte aftersari
when ! saw him il. ,hes store. WHEN /
saw deceased in the store, ne xss living
ON his back; think there was two ,neu
! holding his head mp do not know wbo
they were. He was faint aud weak:
think they were talking to him. DECEASED
fired one shot. He fred but u,.s shot
When he fred the shot at defendant h.
stood on the edge of the sidewalk.
CRoss.ExAMINEp.
When defendant was running he was
coming across the street, not straish,
across, but coming little down; when
first saw defendant coming down the
street was probably 80 or 40 feet from
him; the defendant did not run over /.
or 10 feet after first saw him before he
| fired the first shot; don't think il wa,
over three or four seconds at the fartbes
before defendant fired the second shot
at the time the second shot was fred b,
the defendant Mr.. King started to rails,
up; he had not got more than half up
when defendant fired in the direction O
King he fired in the direction of RYAN
at the time the defendant fred his frs,
shot, as near as could Judge, I was 4;
or so feet from them; l was standing
four or five feet off the sidewalk a,
Lynch's; l was standing near the uppe,
end; Ryan and King were at that time
diagonally across the street from me
they were not straight across; they were
more up; can not say positively, but al
the upper portion of Lynch's sidewalk
| should judge Main street was so fee,
between sidewalks; 1 should Judge Kinc
and Ryan were about 80 feet, not oyel
30 feet up the street from right angle
point from where 1 stood; from the last
shot Of defendant to the firing of King nj
the defendant it might have been five
seconds; do not think it was over thai
to the best of nv knovlad,o. thok l.;