The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-01-16

/ manu- Sf3Ao tOtthSi14St4VI " HAGu
have repsatodx siatthswas Lovely. Wat
kins, Mcclure and myself were there
Cross-examined- lie fhale the statement
befqys the Al,lottt boys essne i,,- about an
hour he did NOT eIfIowsi il 1apEefe5i tin
hd ggt. +. the hguse J; Bgttie Gillon first told
me Simmons ..sas4rirt q ig I'll ms srsss,a.nai
with simons till we rot min t. the houss.
i DR.. Powell, sSofii Am practitioner Of
Enpdieihe have been between three. and four :.
Fyaafs live at Lebanon met Silnons once
before aas called to attemd fif1. on the tn.
fof November; found finn On tie bed af His-
house at-Ssdttg Homie, stf1l-9eI6ss. p m.,
7tIt Of Eoy.; found him in a ;ro4s1ate con-
ditior1, weak cold and weas pulse be hal
wound IN, the left hip. aiara inustrased
tic entrance and cifect 81 shs sfss.y me
wopadl igaicatca that tlie leat qisilal. "a
bone shown from which the doctor explained
the wound to The 'iaf.y. } Tie s8,, Of the
thigh bone was shot to pieesst lie wound
twas ono inch diameter 1t tie surface; In
Il tdrnaliy it was about three times a. Large.
i fPants ~ the Deceased shown anil raeszniged
4 BY the doetoF.l ] think there syezs 40 large
blood vessels severed, bu3 Isl6dll 0ilsss i ere
labsnt. tkres ineiio5 Of the 1auc sxs sfss
tered, the balance was split; tbe geees4ary
lIyiEect Of wound Ike that would be pros
i 1tfatihg. aud II iaan did not have very
A great sustaining power he would de such q
IAfound isn6esaarllJ y fatals ] gre ban medi-
Ecine 70 rcyiyc him and check the hernorrliage;
he lived about 80 hours afler Ire wound r.
saw him last tii ysBa.ay asoFaing: be was
l<n airpsgt lifslea1 no pples; he died. q
.tliat wound.
4 Crozs-exanIined Tic direction q the
wound was slightly upward; proted It a
number of tifnets stsppsd the BcGssiTi.age; /;
there might have been interTal ,hepssrlage;
] followed lie. wnund To the pflyie: lbe exit
4 vas. il any variation. higher Than Ike en-
i trance think it was on 3 leyei With It.
Jo.ln Summer. sworn Klew tsceassd /;
! was present at his death be died Sunday,
Nov 9th, los9'sa fey pinnlas before 10
O'clock; was with him fhe I.igIf iS-io.s l.ls
daaah ssas ii.sseas tsAea 3. d. .slIiealyzsgs 2
with him simqus was ratloeai and sensible,
think; he would 60 ofi ia \ doe. l.s.t y hen
awake sas himself he Eecraed thirsty. aud
i would take the eip. and WIiea Asss3i i hs
wished anything would asIswer aeusilIy
there was a statement signed BY II. s.n9as
, the night before his death. SOME time be-
tveeh,2 2 aisd three O'clock; there gezs rre5-.
] ent Ar. Miller. Dr. Ballard, jim Mcdonald.
. Jim Simons, Mira. Sirnonz and sirz S.rloaz'
! mother those rcfaemier; Mr. Miller
] reduced tile statement 70 writing; sir.
siIDons said that the statement IS I.is dying
{ declaration that was after tie statement
: was signed Immediately afterwards: Mr.
Z Miller toid IiiHsto snake staierneItof the
affair. when he and Reid met sir. Miller
I read it to SiHnons after 1t was aanc, ard
e SiinDhs said it was correct Sinelss then
: held the pen while Mr.. Miller wrote tie
/ name Mr. Miller asked hiia II that Was his
/ dying declaration, and the deceased said It
was; at the request Of Dr. Ballard, fcit
simons' pulse about O'Clock, and foaEd Il
}. extinct 1 then sent for Dr. Bal,aI,i, wls0
I came Simons then eonl.l talk with difficulty
and was very Weal wine was gigea lsan 20
{ revive him while hc made the statement; be
+ Ilived from . oeloeE to 10 O'clock A. H.. after
{ making the stste1aents CTse writing vas
here shown the witness, who identified !. as
the one Of which he testified J. / was a. wit
nezs to the statement and signed my name.
i The defense here demanded 10 loo.. at the
: writing, and it was submitted to them.
. DR.. Ballard, sworn Knew deceasaa; at
tended him on the Sth Of Nov. last; aia ply
: sician; Was.calIea to attend hiIs; fonad him
]. critical, his condition hopeless; partially ex-
anined the wound; was afraid to make a fun
: one; would ,caass hcni6EFhage. -crhe doctor
n here illustrated the location and description
ef the wound, and -corroborated Dr. Powell
The wound was necessarily fatal Pants
/ shown and, Identified ar SiInous vas ret
ieent as to his condition, in my presence
r told his freslds he could not tiye; very Hl;ls
but stimulants was gwen hinsIyyas there when
Mr. Miller was; siInons was sinking RAPIDLY;
n he never fully recovered from the shock ii
the wound; at the time he made the stats-
! ment the pulse had almost disa9IoareI; It
was imposslbIeto time It. when leIs hiIl,
3 or hours previors, his pulse was weak and
!. fast; this indicates sinking condition; I vas
present when Mr.. Miller produced l4i n
strument Of writing to aIr. SinoHs.
Afrs. Simoas, recaliea-The was a wrriti:,t.
IltaioAAa o1 OF his
desth, in the presence of Mr.. Miller and Mr..
Sumner; it was his dying statement; air.
Miller asked him ifhe l1new it was his diving
/ statenEaa; Jim said yes; Miller then told
him to tell what passed between him and
Reid; after Jim signed it, it was handed to
Mr.. Sumner, who siyned it; SnaIors Tgas then
on the bed Mr.. Miller was at the bedside,
Mr.. Summer and We're at the head of the
bed, all close to Simons; Mr. Siino1s said he
couldn't stand it much longer, couldn't get
well; he threw his hand over his head and
said. aoh, my Lord murder in the FIRST de-
gree this was the night after he was hurt,
: about 9o'clock
: F. NJ. Miller, swOTn-Knew Simons was
{; with him on the morning of the 9th Of No.
vember, at probably about 3 o'clock he
signed a writing in my presence writing
I shown and identified by witness. Is |. talked
! with Simons he said he wanted 10 make
statement Of the difficulty told him
would not fake it; just then. bnt1if he wanted
E me to send for me through the night was
called !, went and took the statement this
was after. u O'Clock that night he spoke
low and I took it down when he finished,
il was read to him ANA he held the pen while
! directed the writing Mr.. Summer and J.
Mcdonald igped iti he seemed anxious to
make statement, even early in the evenins;
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