The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-01-16

deocascd very soon after, not over cighl
minutes alters next saw Jas Simons m hii
residence. but not living, on the following
Sunday evening; Mr.. Watkins did not 90 Al
far rs where Mr.. Simons was he was walk
ing fast; IL was on Friday, the 7th Of Nov,
1870, about 4 o'clock do not know where
tlsc gain now is; The iiacls-drivcr from Iscba
non to Sweet Home took IT, think It wa
Ridgway; tho gun was an ordinary breech
loading shotgun judge II was the 0n'
Mr.. Reid usually cArfiedj saw what sup
posed was IL before; had used IL myself Mr
Reid had il then did not know how long h
(simons) had been deadj they It'd ine HI
diod that morning.
Croas-examined Am aiicpl,csg ofdeceased
il was 40 yards from my place Of business
to tlio spot; from Mr. Morse II was between
80 and 30 yards; did not hear what they said
saw them after the shooting. very shortly;
couldn't say whether Reid had coat on Of
not; saw him walk 20 yards towards me;
was going towards him; went across the
street; did not m0et Reid; do not know
where hc went; IL was Or feet from Simon
whore Reid picked up the coat could not tel
wcll what the distance was; Simons moved
out from the fence into the street about OF
$ feet; did not zee Reid put on coat;
think he had one on; II wes 10 or 3j MINUTES
after when Aaw the gun; my wiis was pres
ent; Mr.. Siinons was sitting down against th'
fence when saw him; do not know wh,
Reid was there; am quite positive Reie
started five minutes before with his gun;
do not know where he Was going; he said
five minutes before. ho was going 70 Sir
Powcll's, and from there to church; Powell
is ia the same direction. -
Rc-examined. direct This talk with Rci'
was IN my house; do not know whether b
went directly 70 the place; he started aboa
iivo minutes before the shooting.
Thomas 81. Watkins. sworn Know Mr
Reid: know simons; live In Sweet Home
was there 7th Of Nov. last; saw siinons Their
that day; went u Simons' store 70 trade
cav 1t was shut: went 10 look for simona
started aud run from Simons' gate TO wher
he lay; saw him aud went up 70 him; he va
lying on \ pile Of wood, with his arms folded
hs said: "For Gods sake. help me up; In
nearly froze." He said ''it was that
= Frank Reid. that done II
thia was in response 10 my asking him Il b
was hurt much. aud that vas his answer
lie said Reed and him met there; Reed spok
spoke TO him, and he told Reid that he oh
jectSd % talking 70 any Of bis tReid'Sl kind
Here the defense objected 70 the introdue
ton Of any Of the deceased's statements =
that time. The state Insisted, and througl
Mr. ". Bilycu. cited numerous authoritie
70 sustain the position. The court held tn
matter under adyiseueut and adjourned I'll
Thursday morning.
sEcoNp DAR.
At the opening Of shs court, through MI
Burnett. tho defense stated that they woul
not argue the objection. but wonA let
stand on the authorities cited by Mr.. BilySV
The court cnquircd II they Withdrew the
objeetion. when Mr.. Strzisan stated tlss
would. a3ta .t,
b. ". cundiG appeareI in eourt an
stated that he did nOt understand that b
had l,een samnioned. OF he would have Al
pearrl The court accepted Mr.. CuHditi
excuse. bat stated that. inasmnch As 3
many defaults had occurred lately. he woul
let AIR cundiiT of by his paying the expens
Of the attachment Deputy Sheriff Humpl
roy rclinquialIcd his charges in favor Of III
| Cundin.
4. ST. Watkins. recalled asked me I
raise him.up: asked him where he Va
shot, he pointed with his hand saw III
hole in his I,amta said he Was not hul
much; stood him on his feet; be straight
oned up and stood alone he moved his foot
lac said IL wish 10 God had my rife +" h
leaned ON me and said, clay me down, II
getting faint /" !; as laid lnm down ! hear
crack, then Mira. Simons and Rcttie Clio
came he rAid mot to be taken OF, there
another day coming; this IL not The last {
it," Mcclure and Lovely came up. he Haid
take me up. I'm froze;" they. with other
and myself, carried him up; we laid him o
the porch he wanted drink went an
got cup and gave it 10 some one who 60
the water: before or after he drank he said
''if had had my rifle would have fixe
him !" Lovely came mp and then we too
him into the house think Mr.. Reid's nam
was mentioned; most Of the time he wa
directing how to fix him; when on the be
ON his right side, he took pistol out of hi
hip pocket and said "take that !" it was pu
ON the mantel when his wife came in an
saw it ON the mantel ahe picked it up an
placed It near his head, when he told her Z
take it and put it away; he began to Sc
cold and we commenced TO rub him he sal
something about Reid's gun going of.
The witness was here shown diagraI
and pointed out to the jury the positions {
the different parties and himself at. the tim
Of the occurrence. w .e
Continucd-I took his legs when we cal
ried him there was blood on the back paI
of his pants there was a sort of square hol
in front; it was dark colored around it;
might have been blood or powder he had o
common PAIR of pants would know them
would not be positive what pocket he too
the pistol out of think it was the right hi
pocket; he said it was cowardly, but do nc
just recollect what; he said Mr.. Reid sal
damn you, I'll whip you y and then b
stopped do not remember just what olse b
did say. -
Cross-examined- told what knee
Of it'after got home that night; told tn
states attorneys; they told me that the
would not ask me about certain things; Nj
Finn and Mr.. Whitney were the ones ths
told me this. a Ma.a -.
The state requested the witness to to-