The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-23

bridge; I remember testifying that at
my first shot Tally turned from me and
run; then went off little angling,
when | fired the second shot; at the
third shot he stopped and turned, and
bent over little, with pistol in his
hand. That's ALL, said counsel, and.
defendant took his accustomed seat.
MRS. L. s. CANS
Was next called by defense. She said:'
/ stopped at st. Clair's while my hus-
band was at WORK; / stopped at Tuliy's
. house to get drink; | asked him if he
had plenty of water; he said, Yes,
will have plenty of water and blood
next year. The witness was not cross
examined.
Was called in behalf Of defense. He
said: | worked for defendant last year;
| lived near ST. Glars; last July, a
year ago, or fore part of August, Tully
got in my wagon; | remarked that he
and St. Clair had. had fuss; he said,
yes, and if he troubled him again, he
would "pop' him; never heard st.
Clair threaten to shoot Tully.
"Were you living at St. Glars when
[ the grain was heading ont? 2" asked
counsel for the State. Il was not,
replied the witness, and Mr.. Cans was
excused.
A. A. MAYS
| w as sworn in behalf of the defendant
Knew Tully and defendant; was pres
eat at fuss between FULLY and de-
/ fendant year ago; it was about the
| 18th of July, 1879; the first / saw of it
/ was riding down the road; there were
two men ON the railroad track, run
ming, and they ran towards me; saw
| the gentleman Running with st. Clair
had small pistol in his hand; saw
they were Tully and st. Clair; l asked
| fully what was wrong, and he said,
"nothing;" St. Clair said Tully was
shooting at him; Tully picked up pis-
tol and ran after ST.. Clair saying he
would shoot the SON of a. h..
Cross examination: | heard no shot
fired; was $50 steps off; Tully picked
up the pistol near his water gate; they
were running down the track toward
/ Tullys house: both stopped about the
same time: / heard no conversational
was too far off; fully did not tell me
word why he was chasing him; found
out why Tully was chasing him; |
heard St. Clair make statement; Tul
~ picked the pistol up within few
feet of his water gate. | was close
enough to see the place; | saw the pis-
toll. Did you testify as a witness in
behalf of the State before the Grand
Jury"
Counsel fog defense objected; Judge
Berry for the State argued the motion,
and the Court overruled the objection.
Witness said he testified before the
Grand jury the same in substance as
| here.
Redirect: Defendant and Tully were
about f50 feet apart; they were run
ming towards Tully's house and
in the direction of the. DEFENDANTS
house; had been at worA in the black
smithshop that day, and was going
hoae; | used water from st Glars
ditch; I expected to have a settlement
abour the water that evening; St. Clair
spoke TO me about it; Tully was in
formed of it two or three days before,
in my presence.
| HOWARD CARPENTER
Was called for defense. said / am
acquainted with defendant; worked
for him last July; .irfigating; the water
comes down the ditch by tully's house,;
the water came down in the morning so
| could irrigate. later in the day it ceased
to flow, aud in the evening would flow
in abundance again; it broke defend
ants ditch one time; [ know nothing
about Tully's irrigatng at the time.
Czoss-examination: | irrigated some
last Summer; from the lower part of
Tully's land to the upper part of st.
Clair's is about half mile; don't know
how much water the ditch carries; it
would not take but Is or 90 minutes
for she water to flow from Tully's' to-
st. Glars; the ditch would be nearly
full in the morning; within four or five
inches Of the top; it diminished during
the day; iu the evening it would come
freely; six inches more would break the
ditch; the gate is near the upper part of
his ranch.
The Court took recess until
| o'clock p NJ