The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-18

GWlCc before III JDlS case; (OOunSel LneU
read a portion of witnesses deposition
taken before the Justice of the Peace,
in which he testified to the offer made
him by defendant if he would swear that
Tully threatened to kill him. l never
had any hard words with defendant; /
did entertain hard feelings toward him
when | left his house. "That's all, !"
said counsel. "Call the next Witness"
said the Cou;t.
THEODORE WE'LL
Was the next witness sworn. He knew
defendant and deceased; was at Love-
lock on 28th of July last; hauling fence
posts; passed Tully's ranch about 6:l5
in the evening; saw Tully that evening;
had four-ho team; saw Tully be-
tween his house and Lovelock station;
it is little over a quarter of mile
from where we saw Tully to where we
unoaded the posts; when l heard first
report of pistol, looked toward Tully's
house, and heard and saw three more
shots fired, and a moment after another
report; / saw Bob St. Clair fire three
shots; when he fred the last shot he
stepped towards the bridge, and stopped
down; he then went to Tully's house;
he stayed minute and went back to
the bridge, where he stopped down; he
then went toward the barn; then toward
the house; he picked up shovel; put
it on his shoulder and went down on
Mayes' ditch and went to digging; he
went toward the bridge again, stopped
a moment and went toward the house,
then back to the bridge which he crossed
and went toward Lovelock; he met
somebody on horseback; they stopped
and st. Clair turned around toward
home; we unloaded the posts as fast as
we could; when we got into the County
road, defendant was within l5O yards
of us; he stopped down when he saw
or heard us; we went to Tully's house;
found Tully's body partly on the bridge;
there was wound in the right ear;
another in his back; saw the blood; was
laying on the left side of his face;
small pistol in his right hand; when /
saw st. Clair near the house the first
time, | saw him stop near the bridge
and fire small pistol, as he came from
the house to the bridge; it was small
report compared with the others; saw
Tully laying on the bridge; he had a
loose grip of the pistol; Tully's head
and shoulders were on the bridge; the
body lay on the left side; there was a
hole in the right ear, and blood on the
left side of his back there was a pistol
in his right hand; his hand had nohold of
the pistol; the pistol was pointed toward
his forehead; | was on the wagon when
heard the first shot; some seven or
eight feet from the ground; the ground
is level; the defendant had on black
hat, blue overalls, tucked in his boots,
blue shirt; / saw defendant plainly;
we threw off the posts as fast as we
could and kept watching defendant;
Herman Muller was with me; this oc-
CURED in this county and State; in reply
to a question by the Court, witness said
he did not touch Tully's body; never
saw it after that in the same position.
Cross examined: Tom Campbell was
with me hauling posts; Tully was north
of the house on the main ditch when
we passed; Campbell talked with him
about the crops; Campbell was stand
ing on the wagon when we heard the
first shot; l was standing on the wagon
though off the posts-my right side to-
wards Tully's house; / knew it was de-
PENDANT when / turned around; saw
him at the station; l could tell the col
or of his shirt and pants; could not
tell; from where | was at the time of
the shooting, whether he had his pants
in his boots; If / had not seen him at
the station, do not know that | could
tell that it was st. Clair; | could not
see the pistol, but / saw his hand move
and the powder smoke; | saw him fire
four shots; he advanced as he fired; /
saw his arm raised three times and
heard the reports; the fourth shot was
fired Immediately afterwards; the time
between the fourth and fifth shot was
Bonger than between the third and
fourth; could see the bridge, but not
very good, as there was grass on the
ditch; Campbell stood ON the wagon
seat and l on the posts; i could see the
bridge from the ground; he picked up
the shovel near the BRIDGE could see
it glisten in the sun; the bridge is on
the banks of the ditch, about two feet
higher than the ground; could not see
defendants feet when he fired the shots;
when defendant fired the last shot he
stopped down and then went toward
the house; could tell at the distance
of quarter of mile how meas defen-
dant was to the house-within ten or
fifteen feet; when he was running his
left side was toward me. A map of
the locality when the shots were fired
and where the body was found was ex-