Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-04-20


remained standing in the position des-
cr.bed hardly an appreciable length Of
time. lie shot while he was standing in
that position. lie then advanced toward
Lewis store. am only positive that l
saw him FIRE one shot. ] heard report
immt diatcly nfter saw the first shot,
but could not see the pistol on account
Of parties being in between mo and tho
patty that fired. am positive that |
heard two reports and ! think three.
When ] saw deceased suddenly rise and
run toward tho middle Of the street |
first saw tho left side Of his body and
face clear. lie then turned in the direc-
ton OF myself and raised his right arm
with his pistol in his hand and then
fired. at the same time advancing. Wit
ness was then asked to draw a diagram
ana TO point out deceased 8 position when
| he saw him rise up relative to Lewis
| store.
AFTERNOON SESSION.
| Witness produced diagram which
was marked exhibit i, and which he
proceeded to explain. After which he
said. when first saw King | should
Judge he was between horizontal and
perpendicular position. My relative
position with King was diagonal with the |
street. His first appearance TO me In
rising up was partially the left side OF his
back md the left side Of his face, facing
into the street. Gleason, the defendant
would be not over three feet below the
line direct from witness TO King. King
would bs moro directly facing the de-
PENDANT than witness. II the ball had
passed in direct limo it would probably
have made its exit at the upper portion
Of the breast bone. l merely mnde an
examination to ascertain the course OF
tho ball. / did not locate IN my own
mind the exact point in Kings body
where the ball would have made its exit
had it passed entirely through; did see
some evidence in front OF the breast bone
on the left side OF Kings body to ascer.
tain where the ball had lodged or ceased
to penetrate. The skin on the front or
upper portion of the chest was pulled up
with air that had escaped from the lungs
proving the communication with the
lungs and the tissues Immediately under
the skin. 10 tell between what ribs the
aperture appeared to have been made
could only be determined by dissection.
My Judgment il that the ball struck above
the fifth rib. From the point OF en-
trance to where l should judge the ball
would have made its exit, If it bad passed
entirely through the body. measuring on
: the surface, was about % inches. In my
Judgment it was about IS inches, meas
uring in direct line from where the
wound presented itself to view, passing
the point where the skin WAS pulled in
front OF the breast bone. l should judge
that from the entrance Of the ball to the
putting OF the skin that the wound was
in direct line. The following question
was then asked witness:
Suppose that King, deceased, and Ryan
were lying upon the ground in front Of
the sidewalk which is in front Of Lewis
store, with their feet to the sidewalk and
i their bodies and beads at right angles
with the sidewalk, Ryan underneath,
King, the deceased, on top, is it possible
that Gleason, the defendant, standing at
the point where you say he was when
!. YOU saw him fire, could have made the
O wound you have described on King 8
body? Objected to by the prosecution,
but the objection was overruled and wit.
ness replied.
:, Assuming that to be the relation of the
parties it was not possible; think per
son standing in front of Lewis store five
feet from TX" could have fred pisto
E, and inflicted wound such as found
upon Kings body. AS Mr.. Gleason ad
l. vanced with his pistol extended, mum
!, Der of persons stepped into the stree
~ and obstructed my view Of the pistol
but they did not advance far enough to
conceal Mr.. Gleason. Mr.. Gleason die
w not fire after the deceased presented
himself to my view. Deceased fired
pistol after l saw him rise up. l hearc
I'd the report stinctly and saw him wher
he fired it. | am positive that hearr
d. three reports and l think four. The
= first l did not see. then turned and
e, saw and heard Gleason fire shot, thu
a second shot; Immediately after the sec
Q. ond shot and while Mr.. Gleasons pisto
e. was out of my view l think there wal
k, another shot; there was an interval o
in several seconds before saw Mr. King fire
az when looked round, after hearing the
a first report, l noticed light cloud JUS
e. at the edge of the sidewalks kind of
I'd haze; from the position was standing
le it was directly in front of me; it was il
"a front of Lewis store; it was few fee
in from Gleason and just above his head
"a standing at point &c. the distance t.
nm the sidewalk from Gleason l shout,
he Judge to be about ten feet; do not cal
til lust out from the edge of the sidewal
ed ten feet out into the street; but the clou
in was quite volume; cannot state posi-
|; l lively that the vertical or horizontal d
un mensions of the smoke was the gre attest
lot | understand volume to mean an indef
he mite capacity; when I said 1 noticed
ort light cloud just at the edge of the side
he walk, in front of Lewis store, did nc
he. mean to convey the idea that the cou
set OF volume issued from that point; tn
ire edge I considered an indefinite term
m. there was volume of smoke from til
to sidewalk, extending ten feet into th
on street, l should consider it on the edg
ar. of the sidewalk; if n man was standin
' one or two feet from the sidewalk,
rot should say he was on the edge of tn
it'll sidewalk; if a horse was tied to pos
nut and extended eight feet in the street,
l would locate him on the edge of the side
he walk; do not consider the edge to mea
"a. directly in contact with tho sidewalk;
ng l speak of the edge Of knife associa,
bic the edge of the blade as being part
of the blade.
of RE-EXAMINED.
oid saw Smith Gray advance toward IL
lse defendant put his hand en- his should,
The and draw him toward the center of Il
ms street. think heard the third repo
nd. OF pistol Just before Smith Gray p,
nal his hands on Gleason's shoulder.
Inc RE-CRoss. EXAMINATION.
NV When saw the deceased King rise I
W.. and advance toward where I was stan
Tn ing he was on the street away from Il
the sidewalk.
~ by JUROR.
"a The condition of the atmosphere
sd the particular moment Of the shootil
.as wascalm and clear.
~ - - ~ WIN. BELL.
40. Witness said: My age is 25, reside