The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-18

fence; we were about 200 yards from
the upper gate when we unloaded the
last post; we were about % yards from
the second gate; the gates are about
300 yards apart; we were near the Sec
ond gate unloading posts when we saw
defendant; Campbell helped throw off
all the posts; we went back as fast as
the horses could trot to Tully's house;
when we got home the sun was down;
we were near the main ditch going into
the county road when defendant
stopped down; defendant was walking
fast; he was 100 or 200 yards from us;
/ talked with defendant outside the
postoffice that day; he asked me if |
could run moving machine; l con-
versed with him two or three times;
once about barley, the other about run
ming reaper; the train must have
passed before we left the station before
we went back with the last load of
posts; there was much. difference
between the report of the last
shot and the first one; if the
wagon was making much noise; we
might not have heard it; Tully's hat
was on the left side of his head / saw
blood on his head; l have heard some
talk about the case at the ranch; all the
boys talked about it; / have not talked
much with Campbell about the case; we
both saw the same thing from the
wagon; did not tell Campbell what /
saw; he did not tell me what he saw;
we did not compare notes as to what
we saw; Mr.. Marzen did not want us
to say much about it; I was not
present when Campbell told Mr..
Marzen that Tully was killed; l do
not know whether defendant saw us
before he stopped down or not; tthe
shovel referred to by witness was intro
duced, and witness showed how defend
ant carried it) I knew when I saw the
smoke that it came from pistol; /
saw his arm move up and down; he was
facing me; be used his right hand; he
ran toward the house; could see that he
was running; could see his legs bend;
did not notice his feet; did not see the
place where defendant was digging.
Redirect There is moth
ing growing between the bridge and
Tully's house.
.cross-examination: There is a
ditch between where we were and
Tully's house; | saw no willows grow
ing along the ditch; there is some sage
brush; there is vegetable house near
Tully's house; both buildings were to
my left in looking at defendant; could
see back part of Tully's house from
where | stood.
Redirect examination: We unloaded
the posts at one place; then turned
around; there was nothing between us
and the bridge to obstruct our view.
HERMAN MULLER.
The next witness was sworn. He
knew deceased and defendant; on 2Sth
of July last was working near Tully's
place on Big Meadows on Mr.. Marzen's
fence; heard shooting about $50 in the
evening, near Tully's house; saw man
standing near there; could not tell who
the man was at that time; he fired four
more shots; he then ran toward Tuily's
house, and then ran back toward the
bridge, and then fired another shot out
of a small pistol; he stopped over; then
went back to the house and around she
yard; walked near the bridge and turned
upin the field, when / lost sight of him;
| kept looking that way, and / saw him
come down the road again, and when
he got closer recognized him as Robert
st. Clair; Campbell and WE'LL went
with the wagon TO Tully's to see what
happened there; st. Clair left the main
road, and saw no more of him; went
to Mr. Marzen's, and went from there
to Tully's place; defendant, Captain
Asher. and Mr.. Moore were there;
Tully's body was on the bridge.
Recess taken till one o'clock p. NJ.