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

don't see any chance in the world for me
to be mistaken; / did not see anybody
take the pistol from defendant immedi-
atoly after the third shot; am as certain
that defendant fired three shots as / am
of anything I have testified to in this
case. To the question: Is it possible
that you can be mistaken that King after
the first, second and third shots of the
defendant, got up from his position over
| Ryan, and on to the sidewalk to Lewis
store door, and then turned around and
staggered back to the edge OF the side
walk, drawing his pistol and fire at de-
PENDANT Gleason, then staeger back and
partly fall in the door? Witness replied:
No sir; / could not be mistaken about
that.
The Court then took recess Until 2
p. In.
AFTERNOON SESSION.
The cross-examination of Col. Rich.
| ardson was continued. He said when
King fired at defendant King was hold.
ing his pistol with his right hand, with
his right arm extended out straight; at
the time Smith Gray had hold of defend
ant Gleason, the latter appeared to be
trying to get loose; did not SEQ Ryan:
the defendant, King and myself was not
in line at the time King fired; King
stood on the sidewalk-just at the edge:
the defendant stood probably fifteen feet
from the sidewalk on the street; was
standing about ten feet off Of Lynch's
sidewalk, near the upper edge Of the
sidewalk; WAS below them probably 40
feet or in that Deigbborhood; when King
and Ryan were struggling, their feet lay
in direction about straight across the
street. as near as could Judge; mean
the position in which they were living.
their feet were at right angles with the
street; could only see Mr.. Kings head;
it was about straight. it was not turned
either right or left; could not tell
which way Ryan's head was; Kings
head was nearest the street; when King
was directly over Ryan did not see him
do anything at all, more than inst lying
over him; could not say that Ryan was
doing anything; did not see Ryan have
pistol in his hand; did not see Nc.
Donald take pistol from Ryan; / could
have seen Mcdonald palmer than did
Ryan if he had been standing in sioop.
ing position ahold Of a pistol in the
hands Of Ryan, struggling to take it from
Ryan; l, is possible that he (McDon-
| add might have taken the pistol away
from him Ryan and not have seen it;
l did see Ryan during that time, viz,
Immediately before the frs. shot OF de.
PENDANT, and including the first shot and
second shot inclusive; it could be posi-.
Bile that any one other than King could
have been struggling with Ryan and |
not see it.
A question was then asked which WAS
objected to by the prosecution, the OBJ
lection was overruled. Witness resum.
ed: l can't explain it any more than to
say did not see him; l observed RYAN
50 closely simply because l have known
him, and was acquainted with King:
my attention was drawn to those
two more than any one else; knew Nc.
Donald also; was acquainted with Ne.
Donald as much as was with Mr.. Ryan,
but not SO much as I was with King; l
have known King graa. deal longer;
| would not have been as likely to have
seen Mcdonald as l would Ryan; why
would not have as readily observed Nc.
Donald as well as Ryan is simply be.
cause Ryan and King were fighting, that
is, they We're down and l did no. turn
my attention to look at anybody else but
them at tina. time or that was on the
sidewalk or near them at that time: there
were other persons near them on the
ground in the street where they were
struggling; jim McGoyern was the only
man that was there that l can name !;
there was men there that l did not no.
tice close enough to notice who they
were; the men / did not notice who they
| were, were probably 3 or ) feet from
King and Ryan; Jas. McGoyern was
about five feet from them or close on to
that; l noticed Jas. McGovern so par.
ucu!ariy simply because when I first
turned around from where was loading
team with McEvoy, noticed King and
Mr.. Ryan fall; l noticed Mr.. McGoyern
at the same time; McEvoy think made
the remark to look at the pistol; 1 am
not positive that McGovern had a pistol !.
my doubts whether McGovern had a mis-.
toll or not led ne TO notice him so partic.
ularly; think he had a pistol but | can
not swear positive; at the time of Kings
death had known him about eight years
as near as L can recollect; we were
friends. intimate friends; as far as 1
know King and Mcdonald we're friends;
do not know whether McGovern and
King were friends or not: King and
associated good deal together; l can t
say that McGovern associated with King
but he has with me ever since have
known him.
RE-EA4AIISEb.
At the time the defendant fred the
three shots my attention was most dir
ected to him.
DENNIS HURLEY
Next took the stand. He said: I am "a
years of age, reside ia Phoebe and am
miner. Between the hours of ana s
o'clock on the evening Of the I'd of Nov
ember. 1874, WAS en- Main street, at
Cohn $ cigar store ia Phoebe, on the
sidewalk; must have been so or 60 feet
from the Sidewalk ID front of Lewis,
s,ore on Main street, Pioohe. I saw
something take place that night on or in
front of the sidewalk III front of Lewis
store. see Jim King and Mr.. Rysu
fighting, Mr.. Ryan and King down, and
then King got on top of Mr.. RYAN and
Jim Mcdonald took hold of King and
was pulling him off, and then see Mr..
Gleason coming up close to King with a
pistol in both of his hands and fire two
shots at King. The next thing see was
Smith Gray have hold of MI. Gleason.
and there was quite acrowd around; thew
had King on the sidewalk and he shot at
Mr.. Gleason. When l first noticed de-.
PENDANT with pistol in both hands l
was about so or GO feet from him: / guess
he was about midway crossing the street
Kings head was toward the defendant
when the latter fired the two shots: I
should judge that when defendant fred
be was about or 10 feet from King.
When defendant fired he stopped little
and then went on and might have made
a step toward him (King) before he Aired
the other shot when defendant
fired the first and second shots King was
on top OF Ryan; there were three or fonr
other persons besides Mcdonald neor
Ryan and King sitting on the dry Goods
boxes. e@
CkosS-ENAMINED.
l mean fighting; two men pounding
away at each other in the face or wher.
ever they can get n show at one another
King and RYAN when T firot oho.