The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-20
TO-DAY,s PROCEEDINGS.
The Jury Fresh and Lively, and the De-
PENDANT Cheerful.

The Jury Fresh and Lively, and the De-
PENDANT Cheerful.
The trial of Robert st. Clair was re-
sumed in the District Court to-day.
The Clerk called the names of the ju-
rors, and all responded, with alacrity,
to their names. The defendant looked
cheerful, and sat conversing with his
wife.
CAPTAIN ASHER.
The fourth witness for the State was
called again to the stand and his exam
nation was resumed: The defendant
told me how many shots he fired at
Tully; he said he shot him with that
pistol; he said he shot six times; in
looking at the pistol saw one chamber
was loaded; then defendant said he was
mistaken; / think / would know the
pistol; defendant told me Tully shot
him through the blouse and through his
hat, and the third shot whizzed by his
head; when Tully fired he started to
run, and he, defendant, shot him; de-
PENDANT called bis pistol gun; he said,
81 killed him with that gum" pointing
to the pistol witness identified the pis-
tol); / asked defendant if any one had
witnessed the shooting; he said, NO,
/ would to God they had;" defendant
said when Tully started to run, he, de-
PENDANT, fired at him; / was atsTully's
bridge when the Coroner's jury went
there; the bridge is made of railroad
ties; in passing over it We found bull
let, near where Tully's head lay; the
bullet was fattened by striking the log
| in which it was imbedded; two or three
hairs and little blood were attached
to the bullet; / think would know the
hat and jumper worn by defendant on
that day these articles were identified
by witness, who shaped the hat as it
was, when St. Clair showed him what
purported to be a bulut hole in the
crown, and showed to the jury the man
ner in which defendant held his blouse
or Jumper when he showed him where
Tully shot through it). Witness at the
request of Counsel put on the blouse,
and showed how it was worn by de-
PENDANT.
CORONER oPPENHEIM
Was sworn, and said he held an inquest
on the body of Patrick Tully; he got
| the hat and blouse the day after Tully
was killed, and has had them in his pos
session ever since; the articles were
given him at st. Glars house; they are
in the same condition now they were
then.
The blouse and hat were offered in
evidence, for the purpose of showing
that the holes in the jumper could not
have been made as defendant stated to
the Constable, and that the hole in the
hat was not made by bullet at all.
MIR. Bonni6eld, for defense, objected.
| The objection as to the blouse was over
ruled, and the motion as to the hat was
withdrawn, as defendant stated that
the second shot fired by Tully knocked
it off his head, but did not say the hole
was made by bullet.
! Witness resumed: | cannot tell the
exact distance from Tully's door to the
railroad, from the door to the bridge is
about TO feet, from the bridge to the
county road about 10 feet; from the
road to the railroad about 100 feet; the
railroad is betterfor pedestrians totravel
on than the county road; the dust ON
the wagon road was deep enough to see
the impression of foot distinctly;
Tully was about 80 years old; would
weigh, perhaps, 1870 pounds; his hair
was light, mixed with gray.
J Cross examination--Mr. Bennifeld
took tn witness, who testified: / saw
| Michael Tully the day of his fathers
death; he went to Mr.. Emmons' first,
| - ho Al
what stated in my evidence; saddled
my horse and went down the road ac-
companied by Michael Tully; Moore
joined us below my house, at the rail
road crossing; conversed with the boy
as we went down; we rode tolerably
fast; met him ON west side of Tully's
bridge, probably 100 yards; Miss Katie
Craig was with defendant, west of the
bridge; defendant turned down when
we met him; ST. Clair was on my right
as we went down; defendant said he
killed Tully; I asked him what the
trouble was; he pointed out the place
where he say Tully lay in ambush; he
said Tully fired three shots at him,
when he drew his gun and fired at
Tully; at the place where the corpse
lay, he said if was an officer he would
deliver himself up; l asked him if he
killed Tully with that pistol and
think asked him where he shot Tully;
l do not remember whether any con-
versation other than this took place;
had no idea at the time that defend
ant was guilty of deliberate murder;
/ cannot remember every word defend
ant said. onlv know that what j have