Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1878-07-31
hi CASE.


night Of the shooting; saw Bigelow and
Botto clinched, both on the floor, and Big
Glow over Botto. As ! approached, Bige-
low stepped back and | knelt down; / put
Botto's head on my knee; saw that Botto's
leg was broken; he said he was shot all to
pieces: he reached back and tried to get
his pistol. / took him by the hand and
told him there had been enough Of that
and to stop. l looked up, saw Bigelow
there, and told him to go away. lie re-
piled: Il will go; i had to do this" Bot
to tried again to get his gun, when | again
spoke to him to stop. Bigelow was still
there. said Grossly: cd d-n you,
20 away, will you ~ He then went with
Mckee. Shortly after the Doctor came
and opened his pants, pulled up his shirt,
and saw the pistol under the waistband. /
think | heard three shots. When Mckee
came in Bigelow said: Here is Mckee; /
will 90 along with him." / was at the per-
formance that night; saw Botto; he APP
peared angry at not getting his seats. He
said he would slap the big s-n of a b-h,
or fix him, or some such words.
McGilvery continued-said: l do not
~recognizc Sweeney as being at the Hall; /
think the man was taller than Sweeny.
The other man was a short, fat man, fair
complexion.
Sweeny continued-I saw the evidence
as published; | stated that / had a good
feeling for Bigelow. ! did not think Botto
appeared as il he wanted to quarrel. l did
not expect any quarrel. / said | went
there ION my previous examination) to
prevent a quarrel-but Botto did not ap-
pear to want a quarrel.
j. d. Bigelow sworn-I am defendant in
this case. On the 9th Of April last l came
out Of the hall into the passage and met
Botto; he said how about my seats; | re-
piled ! know nothing about them; that l
sold seats and the troupe saw to seating
them; that they had an usher. He replied
you can't; you'ra pretty old s-of-a-b,
and insisted upon my getting his seats,
and said he would make me get through
the crowd to get them. / backed
into the bar-room; Botto follow
ing, where the talk continued. /
told him that if the seats were duplicated
the troupe had done it. Following me up,
he said If it were not for paying $50 |
would slap you down, you old bastard. /
watched him SO that | could lodge behind
the counter if he drew anything. He con-
tinued to abuse me, and / thought he was
preparing to shoot, but when he raised his
hand | saw he had nothing in it. He then
went ont, and | saw nothing Of him again
until after the show. ! told Mcpherson to
go up and get Bony's pistol he did 80,
and put it in my pocket. l went to
Knights with the money, and returned to
the hall, thence to the ladies' dressing
room was told q man wanted to see me !:
went out, saw a man approaching, saw 1t
Botto. He said, Bi9eiow, | van 81.
Asked him what for He replied, you owe
it to me, and | am going to have it. Told
him ! had no money, and did not think it
due him. He then said, do you know what
/ think Of you? l replied, | can't help
what you think Of me he said, you are a
G-d-d-s-n OF a b., and came close to
me, reaching out with his left had. ]
stepped back, pulled my pistol, and grab
bed for his right hand he caught me with
his left hand. l commenced shooting, he
struggling to get away, but held him until
| had fired two shots. He broke his hold,
and with both hands endeavorad to wrench
the pistol from me, aud said, for Gods
sake take him off. We both fell to the
floor, when another shot was fired. Swee-
ney then came, when Igave him the pistol.
The witness here corrohorated the testi-
monv given by II. Knight with reference
to what potto had said. and the remarks
Of knight 10 him. The witness stated that
upon seeing Oiieer Mckee he delivered
himself into that officers custody, aud
went with him 10 jail. "When | walked
towards Botto," he continued, Il could
not see what he had in his hand, and when
he raised it ! grabbed it did not discover
that he did not have ANYTHING in his hand
until two shots were fired. Ny reason
for sending for the pistol Yves because /
considered my life in danger. When Botto
abused me ] did not return the abuse !
merely toid MN could not help ms losing
afr.id afpo,,a afraf5 10 nao,sSd ~, ~ ;,
Cross-examined-The first difficulty oc-
CURED about eight o'clock in the evening;
ns .alnea 70 ,ne ushiy ~ tla' .lih |
time he caught me down in town he would
Sian nae. Tank il was Mulick who adj
yised ms to arm myself. Carried NV
hand ON the nistol ali The evening: was
somewhat excite1. 7 aid mako tbe remark
after The sboatirg tha, I was clad he was
dad. as I aid naf want to MAKE had iob
~ n Inv half doipo II. I would 6obt for tso
dollars on princi9lo ~ onick az for n mil.
lion: that il, If believed I was right.
Re-d;rect. .So,.a norson ala advise me
that IL he. Eotto. came hack he would
mean business and to rive II IN him GOOD
or something 10 that elect.
Defendant here i-ntrodnee1 in ev;dance
the report Of the Grand Jnrv If March
term 1873. Ignoring the hi AGAINST de-.
PENDANT, and also the order Of Cont re.
manling defendant into custody without
bail.
The State objects to This introduction.