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

The Court met ut the usual hour.
In the case of M. j. WilliamB VS.. New
ark s. NJ. Co.. allowed to the Sd of May
to take dispositions.
E. Willett vs.. Raymond & Ely NJ. Co.,
continued.
The trial of the Gleason case was then
resumed.
The cross. examination of E. McEvoy,
witness for the prosecution, was pro-
ceeded with. He said: Well the in
slant that the pistol was fired could
take my eyes off of the fash of the pistol
and examine different and another OBJ.
jsct in the time that would elapse, and
describe the position of man being the
other object with accuracy. l don't
hardly think man could at that short
distance distinguish between the time l
saw the flash OF the powder from gun
and the sound Of the explosion of the
powder. In my judgment the sound
through the atmosphere is more rapid
than the vision of the eye. don't
know hardly how to answer the question.
Do you mean by the last answer that the
sense of hearing is quicker than the
vision of the eye. l have stood at a
point and seen what supposed to be a
flash or blaze from the explosion of pow
der from the muzzle OF the gun or pistol
and time elapsed before you heard the
sound of the report. Without exception
the burst OF electricity by lightning pre-
,yh, ooIl h,H t1a&
of the second shot heard the sound of
the explosion in very short time, it
was right Immediately after. In my
judgment Of the motion of the hand and
the observation Of the eye, the latter !
should think was the quickest l never
saw three-card monte dealt. do not
know from the history OF the game that
the movement of the hand is quicker
than the observation of the eye. | have
never seen what is called the thimble rig
game played. They may have new
name for it. Counsel describes the
thimble rig game to the witness, who re-
plies that he never saw the game. Twas
born and raised in Ohio. At the time l
saw the flash of defendants pistol for
the second time and withdrew my eyes
from him was distant from him about
40 or a feet as near as l can tell. The
space of time that did intervene between
my seeing the flash OF the pistol and
hearing the report was very short
mean that it was very short time after,
wards. almost instantly. I could not
describe almost instantly" by decimal
portions of second. In tho space OF
time occupied between the flash Of ps
tol and the report might have an op
portunity to SEQ and describe the exac
position OF King. the deceased. Itmigh
have been done II had not taken my
eyes off of him right Mt tho time
l turned my eyes of after I heard til,
heard no report OF a pistol before Col
Richardson spoke to me, and after h,
spoke to mo before King fred henrt
them. heard four in NIL includin,
Kings; l have not any better recollec
ton of tho number of shots to-day thai
yesterday; think said on yesterda,
that was in doubt or thought that tn
defendant fired three shots. but woul,
not DO positive; don't think I am an,
more positive to-day than was yester
day. l don't really think that | sal,
yesterday that there was not three shots
l can hardly describe the position Q
Kings feet AT the time saw defendan
shoot the first and second shots in tn
direction Of King and Ryan; think tn
right side Of Kings face was probably
little on the sidewalk or very close to til
edge Of It. s-' S W
RE.DIRECT.
IL was very short time after sd
tho defendant hro the first and secon
shots that saw the flash and heard III
report Of the third shot. "a auestio
was then asked objected to and obiectio
sustained.) When first saw defenda,
he was about the middle of the street nm
opposite Dosoher's. and sdva need town,
them with pistol in his hand; he walk.
about 90 feet before firing; fred Ar
shot Immediately. fred the second sho
the crowd followed down right arour
with him, big crowd In the street, II
report OF the third nhpt was right appa
emily in the sa,ne place; l dont't 5,
that l can tell any more about
when I heard the report of the third sh
and saw the flash, there were pcrsol
standing between me md the defendaI
don't think l could state how mai
there were; there were great mai
in the street; at the time last mention
] saw Smith Gray near the defendar