The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1878-07-27

DC ABOUT IN ironk OF MT. St6tn 3 Store,
on Lacour street, probably about so or rs
feet from where the first shot was fired,
and think that Mr.. Frazer was about
% or 80 feet behind him, following him
up on Lacour street.
Q. Was Donahue RAINING or walking
or standing still at the time Frazer fired
the second SHOT at him?
A. He Yves running.
Q. Was Frazer running or walking or
standing still at the time he fred the
second shot. AZ you have testified?
A. think he was not running, but
walking at the time.
G. Where were the parties and what
were the relative positions of the parties
at the time the third shot was fred, az
you have testified?
A. should think they run so or Is
feet from where the second shot was
fred, on Lscour street; Mr.. Frazer was
probably so or 60 feet behind Mr.. Dona.
hue then; Mr.. Frazer stopped. took both
hands to his pistol. and fred at Mr..
Donahue; he was standing still at that
time; Mike kept on running down
Phoebe street; Mr.. Frazer pursued him a
little distance further and fred the fourth
shot: MIR. Douahue was still running;
then there was crowd got around Mr..
Frazer and they said they were going to
take him to doctor; don't know where
they did take him.
@ How many shots in all did you see
fired and by whom. II you know
A. saw Mr.. Frazer FIRE his pistol
four times
/ Q. Were those four shots all the
shots you saw or heard fired?
A. They were.
| O. At any time from the time you
saw Frazer and Donahue jumped apart
did you see Donahue make any threaten.
ing advances at all toward Frazer?
A. did not.
@. From the time referred to in the
last question, what did Donahue do; ad.
vance or retreat up to the firing OF the
firing of the last shot.
A. He was retreating all the time.
trying to get away; acted very much
scared; did not know what to do.
| @. How far were you from Donahue
and Frazer at the time they jumped
apart?
A. wonld think 40 or so feet; was
sitting on a box on the outside OF the
sidewalk in front of DR.. Alexander's.
Q. Were you facing toward the par
ties at that time?
A. was.
G. Where were you when the first
shot was fired by Frazer, as you have
testified?
A. Sitting on that box in front Of DR..
Ale1ander's, on Main street; Mr.. Frazer
was about 30 feet from me whom he fired
the first shot.
G. During the time from the jumping
apart. as you have testified. Of the par
ties. were they both in your plain sight?
A. They were.
| q. Where were YOU when the second
shot was fred relatively from the party
who fred the shot?
A. was sitting on the same box.
Q. When the third shot was fired
where were yon?
A. I was close behind Mr.. Frazer
probably about ten feet; might DO IQore
or less.
| What were you doing there or how
came you to be there?
A. After Mr.. Frazer shot the second
time started after him to catch him anG
stop his shooting. but I didn't get t.
him in time to stop the third shot.
Q. When the fourth shot was free
where we're you?
A. l was so feet behind him; CAV,
up the chase.
DISCRIMINATION.
Q. What day of the month. year ant
hour OF the day did this occur?
A. It occurred on Saturday. July 90
1878. about noon.
@. Mr.. Newton, you state in your di
} rect examination that you saw Mr.. Fraze
; and Mr.. Donahue on Main street. Now
, where did they 60 after they first met
; state the exact spot?
A. They were probably eight fee
off OF the west sidewalk from the ives
side.
, @. Did you watch OF keep your ey
/ on both of them from tho time they me
, until they jumped apart?
! A. No, I couldn't say I did.
Q. could either party have had tim
to strike the other without you KNOWN
1t between the time they met and jumpe
, apart?
A. Well, l think they could.
n. W. NEWTON.
: Mat. Sohustrich, swern, says: Whe
3 first shot was fred thought IL was
! fireoracker; I caught my horses and the
, somebody helped me; I didn't know
was shooting until q second shot, the
! I saw Mr.. Frazer pass me; then locke
: to see who had fred; I saw third she
fred by Bob. Frazer at Mike Domain,
o that Is oil did see.
4 NJ. ScHUsTRrcH.
!, John Murphy. sworn, says:
Q, Were you acquainted with Micha,
:. Donahue. the deceased, in his life time
A Yes, sir.
Q. Please state the name in full {
Q the deceased, his age, il you know. ,
the time of his death, and where he WI
9 bornP
. A. Michael Donahue; his age was
o years and was born in the County
n Rosscommon, ireland. His