Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1878-08-06

and said i thought there was fOul play, ano
he said ''you bet there is" We all thought
that Upham was burned in the fire, but
about sunrise he came out Of a little cabin
100 yards below the house, and said, you
had quite a bcnfire2" l said, ''how did
you get out of this, Mr.. Upham?' lie
said that he didn't sleep in the house, but
at the lower cabin. john RUSSELL,
BY Power of Attorney in TACT.
DR.. Thomas being duly sworn, testified
as follows: l consider that the hath Of
j. W. Young was caused by the inflamma-
ton Of the lungs aud larnyx.
Doctor Upham being duly sworn testi.
fed as follows, viz. Made q diagram OF
the building and explained same: The
afternoon Of the 4th Of July several people
we're stopping at Mr.. Blackwell's, and
were drinking; ct least | was. After dark,
about 10 p. M, l was laying down on
the bunk and | wanted to go to bed; my
coat was hanging in the usual place, and
took it and vent down to sleep in the field.
/ was not sober, but l think l knew what |
was doiug. / went to bed about 10 P. NJ.
When l went out Mr.. Russell and Young
were talking in the house; l didn't know
where Mr.. Johnston was; Brown and had
some words, l think asked Inc to go to bed;
Mr.. Brown didn't pull my boots off; l
didn't talk particularly to Mr.. Young; |
didn't speak to Mr.. Young in the dining
room or the bar-room; if there was any
abusive language / think it was he, Mr..
Brown, but nothing was meant by it: |
did not, to my knowledge, call Mr.. Young
any name, but 1 don't remember anything
about it. / told Mr.. Brown that he would
not make anything by abusing me, and
that / had always been his friend; | never
made any threats to Mr.. Brown except
that he would be loser by cursing me; Mr..
Brown was talking to Mr.. Young and Rus
sci when l went Town to the cabin; Young
and Russell were in the dining
room when 1 went to the cabin, and they
had not yet gone to bed; /
didn't know where Mr.. Johnston was
when / went to bed; I could not say where
Mr.. Blanford was at the time: l don't
know whether Brown was sober or not;
they had lights in the dining-room only;
the door of the parlor bedroom was locked
with an ordinary door ioca; the dining
room was fastened in the same way; the
back door had only ~latclies on them, with
catches or inside of door; there were no
bolts On the front door; | took nothing but
my coat from the house, there being some
old sacks in the cabin; l only took one coat
down from the house. a. UPHAd.
Mr.. Brown, being duly sworn, testlned
as follows: The diagram il correct as
drawn by Uphaln; when Young and Rus
sell rode up to the station. | went and
helped to take care of the horses; we came
back to the house, and | asked them to
take a drink; they agreed, and / have 40
recollection OF speaking to them till sup
per; some conversation passed at supper
time on different topics; after supper went
to the barn, tended the horses and re-
turned to the house; McGovern and Rus
sell went 10 the dining-room and sat there
talking; think | was in once for a short
time; shortly they came out to the bar
room and went and sat down by ihe dining
room door; then they returned to the din
ing room and remained there until they
went to bed; | was up within about quar-
ter of eleven P. NJ; then went in the bar
room, came back in the pantry, eat SOME
thing, anu wenG Oh to bed, ami rs l went
to Young's door | asked him what time he
would get off in the morning; he said in
toierable fair season; that is all, until |
had discovered the fire; when l found my
self lying by the kitchen door at the back
OF the house; | jumped up and got a buck
ct and filled it at the ditch; then went in
at the dining-room door, struck a table and
spilled most of the water; / ought to have
mentioned that when l got up; commenced
hollering fire, and continued doing so: |
threw the water, and don't know where /
went ont at; l went for more wafer, and
coming back | heard pounding on the door
Of the room where Young and Russell were
sleeping; | ran against it and bursted it in
and heard some one stranging: / went in
and got hold of the person who proved to
be Mr.. Young; then started for the ditch
with him, m some one came and relieved
mo. I fhinl Mr. Johnston. uh,rtl- aft..
wards saw Russell running about holler-
ing with pain untll We mace them as COM
Portable as we could; / took two or three
drinks, but | believe l was as sober as l
am now; | put Mr.. Uplam to bed; | had
no trouble, except that stopped him from
abusing Young and Russell; Cplam told
me when / put him to bed: Damn You,
I'll ruin you. I'll leave you without a
quarter of a dollar. Ny name is old Up
ham. | wan you TO understand that" /
put him on the bed. and told him that ne had
to behave himself, and that he couldn't
abuse people that came to the house; he
said, damn you it amt our house," l
told him to keep quiet; he called for W.
Blanford, who witnesses that | used physi-
cal strength on him, and he said Charlie
Brown are you going to use physical
strength on me OF the bed?" / said no,
tudt io itt w DSNdNt AttlStll lilt I'LL IL S1tu
he wished to go to bed; I took off one shoe.
perhaps both, bat l woul Int be pasitiv
The bed where Mr.. Upham was sleeping
was in bar-room; Mr.. Johnston WAS in tie
bed when / put Upham to bed, about an
hour before l went to bed; Upham was
qniet when | went to bed, asleep as W II;
there was no fire in the bar-room, only a
candle; l didn't leave the candle burning
in there; don't know when Upham veat
to cabin; he took two coats, boots, etc.,
which were hanging up in there; Uplam
first asked how Young was getting along
with Mr.. Cook; Young said very well; they
then went to stable talking about lumber;
all went we'll until just before / pat him
on the bed, when he looked in at door
where Young and Russell were and said,
'You think you are damned smart, don't
YOU; " he said ''you are aristocratic sons"
and hesitated and repeated words to sama
effect; | spoke to Young as l was going to
bed and saw him, the door being open; l
did not shut it; l don't know how l went
ont; all doors were open; l found myself at
back of kitchen close to door; the fire
seemed heaviest in roof between bar-room
and d~inins-room; I threw water in din
ning-room; when l was in dining-room it
was all open between me and Young's bed;
| went in dining-room by front 4 ior; not
fastened; l heard no disturbance in bed
room at this time. bsing too much excited;
| don't know if the doc was open b tween
dining.room and kitchen; front door in
their bedroom was fastened by slide bolt
on inside; ! fastened it; there was u lock on
the door; door is in front of b d; found
Sam Young near the foot of bed; when !
saw Russell ne was outside; Young didn't
say anything for a long time; tie fire was
in bedroom and all over the house when /
went in; nothing prevented them from
going out; window in room was half up;
when l brought water in room l don't re-
member what door | went ont of: l dor't
know how Johnston got ont; saw him first
at the creek; first | saw Of Russell he was
coming toward me from house; l can't tell
where the fire began, although it seemed
TO be heaviest between bar-room and din
ing-room; the first thing / heard Upham
say was that we had had a bonfire. Unhan,