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

defendant said Tully shot first; from
the brush about 80 feet from the bridge
he said Tully fired three shots; he said
the first shot he fired struck Tully in
the back, the next in the head; he said
he had fired all the shots in his pistol;
he gave up the pistol to Captain Asher;
l looked at the ground where he said
Tully was; the grass is high; it is alkali
ground, loose on the top; Isaw no tracks
there; defendant said he was in the road
when fred on; the grass and brush are
not over two feet high where he said
Tully lay in wait; / have known de-
PENDANT two or three years; have seen
him at Lovelock frequently; the left
arm of deceased was broken. the head
inclining to the right side, with pistol
in the right hand; the head lay toward
the house, about half the body was
on the bridge; defendant said after Tully
fred the first three shots, he, defendant,
fired at Tully while he was running; st.
Clair said Marzen kept Tully there for
two or three months to assassinate him,
and now Tully had undertaken it; Mar
zen said he did not keep Tully there;
he wanted to buy him out; when Mar
zen's men came up the body was carried
to the house; defendant said he would
not touch the body for ST. 900; l did not
ask defendant if anybody saw the shoot
ing; defendant and l rode to Lovelock
together; l went back to Tully's with
the Coroner; we made an examination
of the bridge where Tully was killed;
| found SIX -shooter ball (ball identlfi-
ed by witness); | saw spot OF blood
on the bridge, the bullet was in the
center of the blood; the head of de-
ceased lay in the blood spot; saw the
hole in the head; the bullet would ma
turally drop where it was found after
passing through the head of deceased
where it lay; Witness asked if he could
describe St. Clair's pistol, which was
offered in evidence by Counsel for de-
Tense. he said it was a white handled
six-shooter; the bullet found at the
bridge with hairs attached to it was ex-
hibited to the jury; Counsel for defense
objecting.) The prosecution said 1t pro-
posed to show that the hairs were the
same as those on the head of deceased
where the shot passed through, and
that it was of the caliber used in the
pistol. "a large Colts six shooter was
introduced and identified by witness
Witness said it was the pistol defend
ant said he killed Tully with; defend
ant gave Captain Asher the pistol and
a leather holster; could not say IT de-
PENDANT had the pistol buckled on, the
la 81 /
PENDANT had another small pistol in his
pocket; .he always carried one; he wore
a black SLOUGH hat and a jumper. (The
witness was excused until to-day and
the prosecution called.)
CAPTAIN ASHER
On the stand. He stated that he is a
resident of Humboldt county, Nevada,
Lovelock station; / am Constable Of
Lake township; saw Michael Tully on
the evening of July 2Sth; he said his
father and st. Clair had a shooting
scrape, and he wanted me to go to his
fathers; on the way Moore, Tully and
myself met defendant, who said, after
we got near the bridge, that deceased
had jumped out of an ambush near the
county road; that Tully shot at him
three times-once through his blouse,
once in the hat, and the third went by
his head; we then went on down to the
bridge; the distance is 80 or 100 feet or
more; he said when Tully fired three
shots defendant drew his gun and FULLY
ran, he firing at him; he said he wanted
to give himself up; saw FULLY dead on
the bridge; defendant spoke to me
about my being an officer, and giving
himself up; / asked if he shot him; he
said he had, with pistol which he
gave me; he gave me the gun and the
seabbard; / then turned around; the
corpse lay breast down, head on left
side, the index finger and thumb hold
ing the small pistol on the bridge; de-
fendant said the first shot hit Tully in
the beck; stepped ahead of the corpse
and pointed to the wound in the ear;
I asked defendant how Tully got that
shot: defendant said when he shot Tully
in the back, he turned his head around
and he shot him in the head; we spoke
about the disposition to be made Of the
body; Mr.. Marzen and two other per-
sons came with a spring wagon; l said
was glad he came, as was in guam
dairy; called Marzen's attention to the
body; told him what st. Clair said;
took hold of the pistol and showed how
it was in Tully's hand; defendant spoke
of the manner in which the body should
be disposed of; he seemed anxious to
have the body taken away; l took the
body into the house with Marzen's men
defendant said he went on east side OF
ALa ,oad 90 he uon,ld NOT see Ilallv as