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

gate in the ditch; / heard my wife
make no remarks similar to those stated
by Melloy.
Cross-examination: My wife told me
who it was that was hazing my cows;
| started to hunt the cows about 81
o'clock p. NJ; they were nearly west OF
Tully's, east of the railroad; did not
see fully; the second bunch of cows
were noftherly; they were not far above
the other-40 or 80 rods, suppose;
| then went to another bunch, northerly;
! found three cows; | then went to the
| station; it was over two miles from my
/ house to Lovelock; I saw the passenger
train;' l met the train opposite Mr..
| Craig's; remained at the station about
| two hours; l went to the postotfice,
| STAYED there a. few minutes, got my
mail, opened some letters in the store
room and read them; | was in the store
and around there till / started home; l
drank whisky with Burgman the SEQ
| ond and third times with him; don't
| know how often | drank; | was out on
| the porch some; | might have talked to
! Mr.. Davis; when | started home / met
| Mr.. Emmons; do not remember asking
Davis to drink with me; when left tie
store | went on the eastern side of the
railroad; / did not see the cows when L
went back; If | said the cows were OPP
posite Craig'sI did not mean it; they
were near a ditch that runs parallel
with the railroad; the ditch is at right
angles with the road, where the cows
were; the stock was about three Fights
of mile from Tully's house; | went
across to the railroad; crossed it at the
bridge, quarter OF a mile from Tullys;
| went into the county road; it was
dusty in places; I was walking all the
time after | left the station; | do not
think | sat down; cannot say now long
| was going back from Lovelock-about
half an hour, perhaps; went to the
railroad, because it was nearly on my
direct route home; | intended to go
home without my COWS; | did not have
to cross the east county read to go
home; | was between the two county
roads; one is east and the other west OF
the railroad; when | was coming back
to where l expected to find my stock,
[ got into the west county road. when
| | crossed the railroad; that road runs
by Tully's; the east county road Is east
OF the railroad. and runs down. seven or
eight miles; the west county road runs
| down the river also; [ went down IN
the east road as far as Craig's; my stock
was between the roads; the roads are a
mile apart at my house, and run to-
! gether at Loveloclt; the western road
was nay direct route home; l think |
l., = / a III
not sit down from the time ] crossed
the railroad, except once, near Tully's
| bridge; did not sit long; was in sight
! of Tully's house when | sat down; / sat
! few minutes; 1t was more than 2O0
wards from where | sat down to Tully's
| bridge; did not sit down after | crossed
the water ditch; / did not sit down
within $50 yards of che bridge where
! Tuly WIS killed; | can't say how long
| it was from. the time / lett Lovelock
until Tully jumped up-mayhe hall or
three quarters of an hour; | did not see
Tully before he jumped. up; he was
| standing very close to me when l saw
him; | said. in my direct examination,
that his hand touched my clothing
when he fired; the moment he fired
stepped back, or Sideways; it was 80 or
40 feet, nertherlv, from the bridge; l
was outside of the regular road, some
whore close to the bridge, when FULLY
| fired the first shot; | was on the LETT
| hand side of the wagon track; FULLY
was in motion between the first and
second shots: when | first saw him |
had about passed him; he'took the first
step after he fred the first shot south
westerly; he was stepping backwards
ard sideways; | can't say what direc-
ton | stepped; he made more than two,
probably three, steps; 1T was IN the Ill
recton of the bridge; | do nos know
where the second shot he fired went; |
suppose when was getting my gun out
| had.my eyes on Tully; he was, as near
as can tell under the circumstances,
about thirty feet OF. his arms were
moving between the second end third
shots fred by Tully:' he was pointing
his pistol toward me- 1 think he stepped
westerly; he made several steps be-
tween the second and third shots; |
think he made four; he was stepping
backwards; do not know how far he
was from the bridge when he fired the
third shot; at the time FULLY was max
ing these steps l was stepping around
trying to get my pistol; think
/ was nearly in the road; | kept
facing FULLY all the time; he fred two
shots before l got my pistol out: | had
my pistol out before Tully fred the
third shot, he fred about the
| ,. 4S,,,a. mas ona fba rn,l apd