Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1875-05-02

deifzelman's store, should Judge when
saw him; he vas in the street opposite
here when noticed him; did not see
anyone fire the three first shots have
saw King fire the fourth; l
would have known W. NJ. Curtis had 1
seen him; knew him at that time;
met him several times before; other per.
sons might have been near King and
Ryan. when they were struggling, except
my attention was altogether
drawn to Mcdonald, Ryan and King;
just about the time I arrived there Ryan
and King went down, Mcdonald appar-
entity pulling Ryan over, King kind of
straddls Of his tRyan's) legs with his
hands and knees; Ryan appeared to be
kind OF underneath Of him partly; Nc.
Donald had hold of Ryan's pistol; ap.
parently had hold OF it around the bar
rel, the nozzle projecting through Nc
Donald's hand; drew il kind OF back.
ward out Of Ryan's hand, bending the
trigger as I thought on to the back OF
Ryan's hand; Ryan had hold OF his pis-
lol. should judge from the way he
stood, with his right hand; when / say
stood I mean by the position he occu.
pied; 1 don't mean to say standing at
this time; at the time when Mcdonald
and Ryan had hold Of Ryan's pistol 1
don't think that their whole bodies got
into the street; Ryan might have been
in the street but Kings head and hands
were not; when first saw Mcdonald
have . hold of the pistol could not say
that either one Of them was square down;
King as far as seen never went down
square, he was in the act of raising or
the nearest to being down. was on his
hands and knees, that was the closest I
ever saw him to the ground; never saw
Mcdonald take Ryan's pistol out Of his
hands; Mcdonald and Ryan had a hold
Of Ryan's pistol after reached there;
before they fell Ryan and King had a
hold of each other; one held the other
just AS close apparently as they could,
each one as thought trying to protect
himself; did not see them when they
first clinched; had not seen them be-
fore that day until that time; they were
in holds when l first saw them; as to
the drygoods box I do not know how
near they were. l did not notice the
drygoods box at the time; 1 started to
run when I first caught sight of them,
don't think / looked in any direction un.
til got to them; when I first saw them
think that Kings head was on the out
side OF Ryan's neck or head; he might
have been facing Lynch's or across the
street or looking northwest, as they were
in holds, don't think he was square in
front of Ryan.
REDIRECT.
At the particular time that heard the
first shot King was ON top of Ryan, or
across his legs; what l mean by saying
Mcdonald pulled Ryan over-Ryan was
abreast or in front Of King, Mcdonald,
hy the hold he had of Ryan, should
judge pulled him to the ground; at that
time King and Ryan were in kind Of
leaning-over position on their feet; un.
doubtedly / would think that they would
have fell in toward tho store had it not
been for Mcdonald pulling on Ryan, and
pulling him down the sidewalk-they
must have bolds-King falling across
Ryan's legs; Ryan might have pulled
King down from the way they laid;
when they fell Ryan's head, as near as /
could see, was north, with his feet under
Kings body, Kings face or head facing
the lower door or pillow between Barney
and Lewis stores. bis feet extending into
the street, and laid diagonly, his feet a
little to the south or up the street.
The witness is asked to take pencil
and give the position of James McGov-
ern, the man that had a pistol that he
did't know, and the defendant, and show
on the sheet of paper pinned to the map
tho ratott,a yNnosksas, - ~ - n.
to post 3D." and to describe what he
meant by the man he didn't know who
had pistol, and McGovern, swinging
around toward the defendant, at the time
they were coming up toward King and
Ryan, when witness heard the first shot,
to which witness replied:
did not see them when the first shot
was fired; Of course when I first saw
them they were between post "B" and
box "X;" they were not as far north az
post co." If they were. the position that
King occupied. be would face the store
door OF Barney's store instead OF the
lower door Of Lewis store, which he, in
my judgement, faced; I don't mean that
the map is incorrect-I mean that the
positions which are marked "K" and
"R" are not correctly delinated as saw
them, and the marks TX" and "R" were
not shown to me when the map was fret
shown to me; l want it thoroughly un.
derstood that stood ut post tx" instead
Of post "B," one post south of King and
Ryan; McGovern and the unknown man
were, l should judge, 10 feet, more OF
less, in the street when first noticed
them-I mean from the west sidewalk
opposite Eisenman's store or the barber.
shop, kind Of circling around to the
right from where they were. defendant
coming as 1t were In a northeasterly di
rection-they were sort of angling up thu
street, or swinging around up the street
as they came across.
Here witness was required 10 make de
leniations on the diagram. and to max,
explanations of them, that would be un
Ineligible without the map, after whict
he stated:
The length of time in my judgmen
that elapsed between the first and sec
ond shots that heard WAS not very lonl
it might have been two seconds or nigh
have been four; in my judgment I thinl
the time was longer between the frs
and second than between the second anG
third shots; the way they were in hold
Ryan had King clinched with his lef
hand, Mcdonald holding his right. tina
is hold of the pistol and hand at the sam,
time. owing to Ryan having hold OF on,
part and Mcdonald the other; King waI
scuffling as it were. trying to get back
had his pistol rubbing between them try
ing to point It at Ryan. Witness her,
took the position in which he saw Kin,
at the time he saw him with a pistol ii
his hand and puts his right across il
front Of his stomach with the back par
Of his hand toward the place where Rysr
stood facing, King and says: He worked
bis hand and pistol toward Ryan, raising
It up and down at the same time, from
just above his knees to about as high Al
his pocket. endeavoring TO point the pis
tol towards Ryan; Ryan think, hat
hold Of King by the right shoulder, ant
I think Mcdonald hold of Ryan by III,
right shoulder and the hand and pistol
HE-cRoss.ExAMINArIoN.
When saw the defendant, McGoyerr
and the unknown party after heard tn.
first report; the defendant was little in
advance or nearest King and Ryan, thai
is after the first shot was fired. I could