The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-20

Saturday Afternoons Proceedings.
When Court reassembled Saturday
afternoon, the jurors all responded to
their names. and
HERMAN MAILER
Again took the witness stand, and his
direct examination was continued as
follows:
l examined the body; Constable
Asher, William Moore and defendant
were there; the body was lying partly
on it's side; there was a small pistol III
the hand OF deceased; noticed wound
in the right ear and blood ON the back;
Tully was dead; Mr.. Marzen asked de-
PENDANT how it happened; defendant
said they had shooting scrapc; Marzen
said Tully's pistol was 10 account; de-
PENDANT would not assist III carrying the
body to the house; | helped move the
body: was standing on the bank OF
the ditch when l saw the shooting; we
we're putting posts in along the ditch;
the bank was about two feet higher
than the surrounding ground; there was
no brush to obstruct my view; witness
identified the pistol, which he said was
cracked; the witness showed the jury
how the pistol, a tive-shooter, was held
in the hand of deceased; the pistol was
pointed past the face; what | have tes-
tilted to occurred at Big Meadows, in
this county, May 2Sth, 1850.
Cross examination: When | heard
FIRST shot was about 80 yards from the
wagon, between the wagon and first
gate. Is or so yards from the gate; |
was 30 yards nearer the scene OF the
shooting than those who were in the
wagon; when l heard the first shot L
was setting posts; when | looked up l
was facing Tully's house; | saw man
firing off pistol; L could not see the
bridge near the road | could tell the
location of both from the house; l saw
defendant fire five shots with the large
pistol in rapid succession; | could see
the pistol as he held it out; his left side
was towards me; | can describe the way
he held the pistol; saw him shoot four
shots with the big pistol; he then
stopped over; ran to the house and re-
turned to the bridge and fired shot
with the small pistol; he then stopped
down; then he walked around the
house: the house stands north and
south: then went up the field along the
ditch. and / lost sight of him; next
saw him on the other side OF the bridge
going down the wagon road toward
home: he was out of sight about ten
minutes; it is level ground between
where l was ut work and the bridge; |
saw the men ON the wagon throwing of
posts; they stopped the wagon OCCASION
ally; both men were engaged III throw
ing off posts; Campbell was driving; l
saw defendant pass into county road;
cannot tell how far he was off, perhaps
$50 yards; the distance between the two
Gates is about quarter of a mile; de-
PENDANT did not cross the railroad; the
ereasewood is about two feet high in
places; he left the road; saw no cattle
there; / could see the south side OF
Tullv's house from where | stood, but
no mart of the front; Icould see defend
ant within three or four feet OF the door;
I was % rods over a quarter OF mile
from the house; / could see % post in
front of the door.
Redirect examination: When | saw
defendant fire, he shot from the same
position. except the last shot with the
large pistol; there is no fence around
Tally's house, mean by the yard a
slsariag; Campbell drove the team;