The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-04-30

mao taken care Of him when he was hurt two year. IA
iore ana told the boys about his grumhlnr win mi,
tnen thought II might not be serioug rave nv hor.,
10 Dowse 10 20 up aad get the fresh horses.
Wniie sitting on the log think said II was orr.
smne iof Deer Lodge county supposed orc. Womb
get we'll said II because of the number Of men he h.J
been defrandinc; ssid supposed deceased and E,pc
were armed: knew orc. had arm there. had hon \,
two guns for him myself the ,esr before. he arad
| firearms himself; supposed both had gun. wse, I
saw them The horses wa. driving were coyered nv
the mortgage. orc. and King NC coming abreast
nearly IN front OF me; both together when s,.a
MET. oC welt tonight; King TO left: at ID shot u.c
wheeled ana came right straight to me; when third
snot was nred he was opposite. AT nrst shot h. wa,
~ rect away; last shot 10 fe, away; fred rapid
y. "nen raw them coming ,tood still; my horsc
-. tue hoiset Turned hack TO the pasture
s'r' my oeohn Tell on as Int shot was fred: his
morse SHED; he fell of ,idrways on left aide ,vsv
'o" no''e' shois were fred always carry the PTS
toi win one chamber empty; Consider IL safer. can
then leave hammer down ON empty chamber r..a
mao the pistol since is55 generally carried II when
looking after stock in the hills
By knowles--What did tell Won wou,d n. a.
suit IT you left those horses with deceased, roh;.,t
cd TO; objection sustained; exception taken. l
the written demand which X. read to deceased with
the mortgage was then offered In evidence.
met deceased at New Chicago some DAYS before
tne shooting. We talked about the mortgaged lumber
ne nad NOT delivered a. agreed also bills had not
YET received; told him ny condition at Bank. of the
demand against me that was required TO be settled.
that my property was all held for H. that there was an
attachment out. o'Connor said he had too old head
for me- that he had got the best Of me and wou,d
Keep the best that he In possession and prepared
for me. Told deceased would 20 strictly according
70 law. Ny Indebtedness at Bank was far money
loaned to O'C.
Cross Examined-McPherson, and think the Ding
walls were present during this talk I'm Dingxalrs
store. When drove the horses to the mill sup-
posed 1t was an eneny's camp: drove them there be-
cause had legal right to: was performing duty.
had fears would be attacked at the mill. II was
necessary to drive the stock that way had to stop at
mill. Appr,hended danger nom o'C.: did not know
oC would be at the mill. ] left Deer Lodge after
supper; knew orc. was there's told him coming M
was going back II possible The First National Bank
was pushing me: don't think I told Cannon was
afraid OF personal violence from oC. He had previ-
onsiy threatened me personal harm. II was while |
coming TO Deer Lodge the fall before shot him. He
made me proposition thought dishonest against |
the farmers and told him II he did not dcsst would
t he would shoot me. Don't remember any subse !
auent threats of violence.
idrove 20 or 81 horses to bridge: overlook King
200 or aoo feet from bridge. Fir.t saw oC and ri
when 100 or $50 feet OF. abreast. calloping wherl
hey were 20 or 30 feet off called to them 10 dcs,st
70 "Let them horses alone" orc. said III shoot YOU
'ou s. of b.: was looking at him: be advanced
mink he had rein in left hard: the stick looked like
'istol: he held II partly concealed In right hand OF
eft eide: he seemed doubled up fwItners exempaedl
nred when he was 20 or 80 feet off, pointed directly
i him; fired second shot Immediately; O'C was lean
ng down: his horse bad phIed: he was then probaI
Wy 10 feet Oh obliquely to the right-do not rememI
er what part OF the body fired at. The cross ex
mination AZ to the shooting was rigid exhaustiy,
ong cont nucd and Illustrated BY witness diagram
It third shot he was still coming at my right sid
fas directly opposite me, leaning OYER watching ae
nd saying. You s-ofa b., I'll Shoot you. ,
From LIST to Sd shot he occupied the same posit5n:
o did not draw on me what he had In his hand-did
ct present 1t at me. After LIST shot i Immediately
acked the pistol and ared again all shots wer fred
quick succession. He call me the term haveused,
,peatedly. Alter third rhot I wheeled arornd ~
'ok for the horses and then King 80 to % feet
way. had shot load ont of my pistol ors days
efore, that the hammer might rest on the tue with
ut danger.
WITNESS testimony at preliminary examination !
lad. " had i've loads In my pistol: 1t hadold caps
n. Fired one off at a mark to see II the APPS were
pod Have had pistol since 64l fcorreced former
atel, bought Il at Virginia City, N. T." [Conversa
on with Cagen repeatedl. o'C, did not draw weap
D on or point one ct me during the shooting. Think
me OF the loose horses between us Ut first shot,
link some were between us Cd shot; none at third
lot The loose horses were larger than the ones we
ere riding. When I started down to the mill still
I'd fear OF HARM thought the men liked o'C. better
an myself. Hinton asked me for pistol; gave II to
n; thought could depend upon him.
told orc. I would tell .he settlers
his proposal to me he said II did he would shoot
E. At the time Of the shooting was very much ex-
ed. ! haye been In Jail ten months. Remember
lields being at my house. OConnor had broken In
my trunk and taken some checks and receipts; he .
IT, In speaking of this to Shields said j
sould get even with deceased. that wonld sn
-ctiy according to iaw. -.----.-.--.--.-.
croes Examined-Dont remember told Shields I
,uid shoot decessed do not believe Shields state
mt Is true. Ny horse was standing still while
ed the three shots; don't think my horse moved ! AT
med myself the saddle-I turned clear around and 10
rev my feet out of the stirrups to look
ceased and were on nearly level ground Deceased :,
on smaller horse Than was. Think deceased was .,
a. tall Is me. At Sd shot OC.'s horse was NOV m
!. fred directy ut him. Fired to hit him. That ~
. the intention. After I'd shot o'Connor turned ~
horse directly toward me, We were on about Sc
el ground. followed him with my pistol to Il
ard myself. Held II 90 be could not shoot me. In -
position he was he would be lower than me. lit
TcuNcLuprp ON sycoyp p.aylr 70