The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-01-23
NOT GUILTY.
CONTINUATION AVN CONCLusEON 0F TlaE
TRIAL 0r FRANK REID ron THE K1E-
LING OF JAMES sIMONs.
FUN Report Of 1hs rroeeealaaa.
THIRn DAY.

THIRD DAY.
FRIDAY, Jan. 10, 1880.
DIR. Ballard, recalled by defenso--I did not
inform the deceased at any time Of his con-
dition, or that he would die was at loss
to know whether simons knew that no was
going to die or not, and am yet ! told Mrs.
Simons would not speak 10 Mr.. simons on
the subject Of his dissolution asked gem
tlemen 10 leave tho room, and left her and
Mr.. simons alone when she came out she
said that she had had an interview and
wanted to arrange business, but was nnsuc-
cossiul she said she could not got him 70
the point TO fix up business he might have
answered questions and not heard him.
+. NJ. Miller. recalled by defense -simons
never expressed 10 mo that he would got
well at the time when he said no would bo
out IN a day or two, he had no pulse and his
eyes were CLASSY.
4. d. Moss, aworn-Was with Simons the
morning before he died, when the statement
waS taken Mr.. Miller was taking the state.
ment Mr.. Sumner was there Mr.. Miller
asked him lSimonsl about the affair and took
il downj there was nothing aAid that heard
about is being dying statement, nor abOut
his dying.
Crosa-oxamined- heard every word that
was spoken loud enough 70 hear; was within
couple Of feet Of the foot Of the bed when
Mr.. Miller got up from simons he said he
was not satisfied Mr.. Simons did not sign
it there was nothing said about him OF any.
one else signing il ) Il was given 10 no one
else no one else signed II Simons or any.
one elne had signed It. / would have known
it l did not SEQ IL 60 out Of Mr.. Miller'u
hand
The prosecution here again offered the
writing in evidence. The defense objected,
ON the ground that there was not enough evil
donce shown to introduce il.
Geo. Humphrey, sworn-Am deputy aher-
iff; tgun prOducedl | got il from Mr.. d. b.
s Bird he brought il in obedience 10 a
aubp@na. tSubpuna produced and offered
in evidence; defense objected; admitted.
First saw the gun this morning
Ell. Simons, aworn-I judge have seen
the gun before; saw one like il in Sweet
Home II l. my opinion this il tho one saw
Mr.. Reid having II 1; could not nay that II
was the one he had At that time was moi
positive Reid had gun when he lait my
store could not say whether Il was tho ons
Reid had or not think Il il the same gnr
Reid iest at my store after shooting; saw 4
not over fifteen minutes after / heard tho 70
port there was no gun like It At my hOuss
do not know how Il came in my house. tGal
offered in evidence; objected 70 BY the do
fenso admitted by the COURT
cruss-examined-Do not know whethe
this Ia tho gun or not Il is . Remington
there ID no way Of distinguishing tbess gun
except by marks. ETC.; because this Is rougl
q. one place think Il is the gun.
The. court here rendered an opinion ON ID
dying deposition. and excluded Il from tn
evidence.
L. b. Moss. sworn-was at Sweet Home
Nov. 9TH last si saw Reid and SimOas fiEu
saw Reid when he was going into my father
house first saw Simons when he was comm
J up the road; Reid went into my father
house and came ont; naid ''arU you goin
TO kili some binis!" he said he was going I
. church. and thought lc would take the "a
and kin some biris on tho road a.
started 10 SO | saw Simons coming mp;
: said ''you had better hold on = he turne
7 hiA head and said "heh !" paid no moi
attention went TO simOns pump for wAtei
heard Loud talking; looked and saw the
talking and guarding went TO the blsel
r amith shop; when | got there heard son
one talking knocked on the window a.
= told them there was = fuss down the road
> started to SO out, but before got out hsal
= the report Of n gun saw Simons falling VIII
G got out. (The witness here illustrated Il
G attitude Of the deceased and defendant
r Deceased had something in his right han
Y and threw his left hand back heard Re
: tell simons mot TO draw that - old pisto
4 you cant play any bluff on me )" this was n
r more than .three-quartOrs Of . minute beio
4 the shot; when l first saw them they We
= nine or ten feet apart when the shot "
fired, they were not three feet apart Simo
q appeared 10 have advanced when ! fOuI
o Simons he was ten feet nearer where Re
Il stood than where first saw them saw Re
}. pulling Off his coat saw club there, .
J. limb, between two and three feet long, AbO
Il the size Of my arm saw il when first we
O up TO him the pile Of wood was about :
t or eleven feet from where he fell !; l sta
d there one or ono and half minutes saw
{ other sticks that evening; saw several I
:. next day the pile Of wood was limbs a
e bark they were like they had been thro'
g down when Reid went to get his coat, th
h were not three feet apart and Reid was ne
4 to the fence he only reached for II.
,e Cross-examined-(wi was here AhoN
e a diagram and pointed out his position VIII
n he saw the affray and heard the shot.)
r. mons back was towards me Reid's face "
!. TO me they faced each other; there is
n little knoll, about one-third Of the way acr'
: the street stood on this knoll and look
Il at them; it is probably 100 yards away fr'
them heard Simons call Reid son
.e Reid put his gun down and pulled
b coat Off; that was the last saw Of them
! not know whether saw ali Of the affray
not there is but one tree where the afr
occurred after the gun was fired went
the pnmp, thence to the stable, thence to
mons about five minutes intervened
Clure went to Simons' before ! did did !
:, sec Watkins there; offered simons ASST
a. ance asked him if I could do anything
" him; he said, Lew, you are no friend
al mine." said, 81 never done you any haI
In ---li - r.. -. Z