Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1877-04-21
DISTRICT COURT.
Trial and Conviction OF Thsmas
Mcdowell for the Killing
of Eld0radO Nall.

ed with, this being the second day.
The following named jurors were
sworn to try the case: j. E. Martin,
John Billaney, Peter Lurch, George
E. Sales, J. X. Allen, A. Fink, Chas.
Clark, VIM. Thompson, D. Ellery, E.
S. Bickford, John Watson and Paul
Bray.
Court adjourned until 2:15P
AFTERNOON SESSION.
After the opening statement of
Mr.. Keith, the District Attorney,
the first wItness called was
WIN. SLATER.
My name Is VIM. Slater; I live
down on the Big Bend on the Car
son river. thirty miles from here;
was living there on the 9th of
March; knew the deceased in his
life time the deceased full name was
L. E. Nall; l know the defendant;
l was chopping greasewood on the
morning of the 9th of March, the
morning of the killing; l took my
ak on my shoulder and started down
the road, and 1 met Mr.. Houston
and Mr.. Mcdowell. Mr.. Mcdowell
was with the team, driving it; two
wagons; he was driving eight
horses; he had load of stones on;
l spoke to him and he stopped, and
he asked me what l had been doing
with my ak, and 1 told him that I
had been chopping some brush. He
asked me where Edo. (he deceas.
ed) was working. and L told him
that he was at Mr.. Fiich's, and l
had just hurried and started and 1
looked down the road and saw
Mr.. Nall coming, and 1 says there
comes Edo. now; Mr.. Mcdowell
was sitting on the side of the wagon,
and he reached over into the box
and said: Now you will see some
fun he stuck the pistol in his
belt; l didn't see any scabbard;
Edo. came up and says, Good
morning, Slater" and Good morn
ing. Tom" and Mr.. Mcdowell
jumped off the side of the wagon
and said; You called me a Cd
d--n, lying son Of a b. and
Mr.. Nall said: II didn't call you
that. You said that L gave you
lice; that is lie, and don't take
it back" and then Mr.. Mcdowell
shot him: after the shooting Mr.
Mcdowell said: Take that, you
son of a b." and then Mr.. Nall
fell, and Mr.. Mcdowell hallooed to
Mr.. Hueston to corral the horses;
and then 1 ian away. | saw no
arms on Nall.
Cross examined-The ak had
helve in it. When he jumped off the
wagon he jumped in the same tracks
where he stood when he did the shoot
ing Mcdowell was sitting on the
wagon when Nails spoke to him. /
saw Nails have u pistol before the
day OF the shooting. l think it was
GA the Gath or 25th If February when
saw him lave pistol. | left Mr..
Gates on account ot trouble with Mr..
Mcdowell. H. overlook me aud
swung his pistol over his head and
said: "Oid rom is an it, by Godr
aud went on down the river. Mr..
Davis took charge of the body after
tue shooting took place.
john Houston was the next witness
called for the State. He testified as
follows: My name is John William
Houston. | was with Mcdowell on
the day Of the sho ting; we were
hauling wood; | saw Nails that
he was coming down the
road when | first saw him; Mellow
ell was on the wagon; was about
one hundred yards distant from them
when Nails came up; shortly after
= ards heard pistol shot, and |
saw Nail falling backwards; then
ran back there; Mcdowell, when |
got back there, was undoing the
breast cham of the nigh wheeler, ana
rs soon as got the horse unhitched he
got on him and started. He went
towards the way Slater was running.
saw HIM catch up with Slater, and
saw Slater go off towards the hay
stacks. Nall was lying on his back
with his hands lying out on the
ground; saw blood on has neck; he
asked me to come to him; he asked
me to help him up; he did not seem
10 have any use of his limbs; | saw
no arms Oh the person of Nall of any
character.
Cross examined--It was after Sla-
ter had ran away that Tom said,
Take that, you s-'b--." Slater
was away about fifty yards. l didn't
know of my own knowledge of
Nal carrying pistol before this. ]
told Mcdowell that Gates said that
Nall was packing pistol. This was
quite while before the shooting
took place.
E. M. Davis was the next witness
lalled for the State. l reside on the
Carson river at the big bend; l knew
Edo. Nails in his life time; he died
1t my house on the 9Th of March, in
the afternoon; he laid wi his head
IN old man Ramsey's leg when
got there. Here tho witness ex-
IL. h.