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

toll full in his face, he turned, took one
or two steps and fell, showed nay pis-
toll nearly against him and fired;
fired four shots; have no idea what
time elapsed from first to last. shot. I
fired as rapidly as / coald; the last shot
/ fred was when he was falling; he fell
on the bridge; when J. first saw him he
was a little behind me; | heard him;
| think he he'd his arm ont AMI showed
his pistol at me, his hand struck my
breast; he fired three shots rapidly;
both. shot as fast as we could tive; Tully
when he came rushing up said some
thing which | cannot renaemberj when
I fred the last shot, stopped toward
him; my fiHst thought was that would
cross to Marzen's; ! started and went
towards an open space, looked up, saw
a man coming on horseback, the horse
Looping thought would see him first;
| walked back towards the bridge, got
near the bridge, my pistol went Oft; the
handle is loose, it startled me, q gravel
struck my foot, put up the pistol, went
to the bridge, picked up my hat; the
man was very close, / saw it was
Michael Tully, told him to go to the
station, said yourfather and | had a diff
Guilty; he asked was anybody hurt, |
told him yes, did not tell hem his
father was dead, said nothing about
being shot myself; | thought / would
then 90 to Marzen's; | saw the water
had Just been withdrawn from the
ground, it was wet; / then started
hon4e; bad no. shovel on my shoulder
at all, at any time after the shooting;
when first started to Marzen's, | do
not know how how far | got; it was the
nearest way to go the way | started;
my pistol was fully loaded, it has six
chambers, 1T was loaded VITA round and
oblong balls; | was. shooting good deal
at rabbits; did not have sound balls
enough to load it the last time; | took
the balls from cartridges; / loaded my
pistol out of q flask that had little
measure on top; in the chambers with
the round balls / put in two measures
in the other one; the slags would not
90 in with two charges OF powder; /
had difficulty with Tully before this;
the first serious one about year ago;
he then threatened and. attempted to
shoot me.
Judge Berry, for the State, objected
to introducing circumstances which oe-
Cured long before the homicide.
Ar. Grass, for defense, argued that lie
intended 20 prove threats made by
FULLY.
Court overruled the objection.
Defendant continued: That alterca-
ton occurred in the vicinity OF the
homicide: water was low; we owned
company ditch; he was above me; he
owned !, | }, and a party below me /,
OF the water; Mr.. Mayes, Mr.. Melloy
and ! went up to the gate; We met
above his house to try to come to some
arrangements about the water: we made
no arrangements; next day | was hunt
ing COWS; at the station | met Mr..
Msyes, and made a proposition to him
about dividing the water, by which
each party was to use it certain days
aud nights; he said that suited him; |
went to the bridge on the county road
near Craig's; the ditch turns in the di
rectlon of my house; his gate is in my
ditch; Tully came up; got off my
horse; had rope; said there was a
good head of water coming; put my
loot on the gate and said was going to
make proposition about dividing the
water; he had a shovel; | asked him
when he would get done; he said,
"you son of b., when Lget through"
he pulledia pistol out; my horse jumped,
my spurs caught, and 7 was thrown;
my horse pulled me five or six feet;
Tully had crossed the bridge and had a
pistol; | said, stop that; l. came here
to make a proposition, not to fight" |
saw man coming on horseback; he
went back too; | said | wanted no diff
Guilty with him; the man came up and
said what's up; | said Tully vas shoot
ing at me: he said, ''haint You got
pistol? said, mo- my horse jerked it
away from me-" the man was Mr..
Mayes; Tully's boy caught my horse;
that was all that.eccurred. between me
aud Fully at that time; this Spring
when was cleaning up the main water
ditch, ! sent word to Tully that if he
expected to get water out of the ditch
he ought to do. some work on it; my
men were at work. in the main ditch;
he came out and told them to go
around; came upan hour or two after
wards with dinner and as |. started to
go home Tully was walking on the OPP.
poste side of the ditch; / said, "Pat,
you ought to meet Mr.. Kendall and
myself and arrange so we would have
no troubIe;" he had apistolin his hand
and talked rapidly; | said | had no
more to say to him; | asked two or