The Albany register. [volume] (Albany, Or.) 1868-18??, 1880-01-23

:
''Well. boys, it's long lane that has no
turn; after being TO the fire we laid him
down again, when he said he was mnch
hur.-that the bone was mashed to pieces:
Watkius disputed this, when Simons pick
ed out three pieces of bone and said that
would convince him the bone was mashed
tn pieces. he then took a drink and said,
''Atter leaving you, boys, felt cold and
got some wood to take home and make
fire with when l got to Sweet Home,
Frank Reid met me, with gun one barrel
of which was cooked Reid said how do
you do did not answer !; Reid spoke
| again told him to pass by. did not
wish to speak to him or his kind he then
put down his gun, pulled off l'is coat and
said, am
going to make you speak to me in two
| minutes, 1 threw my wood down and
kept stick III my hand, which was not
the right length for the stove. and raised
my hand to defend myself. Reid grabbed
for his gun and then shot met; then, If l
| had not hit the gun as L did, he would
have shot me right through" Simons
concoeted thing. Witness staid with
Simons greater portion of the time until
| Just before his death, saw him after his
death. Witness stated further that de-
ceased was in Buckliead putting up new
| building, half an hour before he was shot;
was il good spirits and health saw him
when lie lett Sweet Home; quit work at Il
! Il n
Sweet Home OH foot oad bad got there
at quarter to FIVE; had been in Sweet
Home about 20 minutes after the trouble
occurred was at Morse garden; Simons
| was between Morse house and the store !;
they laid him on the porch and he wanted
water worked for Sinions about two
We eks saw him take the pistol out of his
pocket.
L. Matllews-Know Simons was at
work on fl building OIL 9Th, Nov. about half
mile from Sweet Home; Simons was
there, but left about O'Clock i'll half or
three-quarters of an hour afterward saw
Simoils lying on the ground on his side !;
he appeared to be hurt; saw he was hurt
in the thigh; Simons said FranS Reid
had shot lin; would give 4
thousand dollars for his rifle tor moment;
''get me to the house, boys, as quick as
possible Witness detailed the carrying
OF deceased to the house, the conversation
between Reid and deceased at their meet
ing, that Reid picked up the gun and
Simons knocked it down the last time
| Ea r.
understood Simons to say that Reid took
off his cloak; witness said Mrs. Simons
got there at the time Mcclure and did
we carried him to the house. Witness
here corroborated previous evidence of
what Simons said in the house. Witness
further said: Reid raised the gun when
Simons struck at it and it went off. Upon
when Simons took the pistol out of his
pocket, saying it hurt him; didn't hear
Simons say-fllat if Reid's gun had not gone
off he wo1ifd have poked it TO him. Mrs.
Simons, Wife of deceased. was then sworn
Her evitlehce did not differ materially from
the previous evidence. Witucss said
. Mr.. Simons said, when got there, s'Oh
: never mind. never mind''; when on the
t way to the house lie said, t'boys, he poured
it into me that time; went all the way
i with them while they were carrying him
. they laid him OH the porch, then carried
him to the house they were not walking
. very fast, it took but few minutes tc
reach the house Simons said he saw Reid
; coming down the street toward him and
that lie bad gun he stepped toward
the road 10 let him pass, when the conver
sation, substantially as related by Other
witnesses, passed between Simons and
Reid.
, DIR. Powell, of Lebanon-rhe doctors
, testimony was to the effect that when he
reached the bedside of Simonsat II P. NJ
on tile 7th of Nov, lie was in a PROSTATE
condition, weak, cold. with weak pulse
\ wound in the left hip wound indicated
, that the load had divided top of the thigh
bone shot to pieces wound one inch in
, diameter at the surface, internally about
three times as large about three inches
of the bone shattered, balance split nc
, large blood vessels shattered, but smaI
! ones were the effect of such wount
is prostrating, aud without great sustain
, ing power the patient would die. Cross
J xamined-direction of the wound slightly
upward the exit was, if any difference
! higher than the entrance he died of tl,'
| wound.
DIR. Ballard, of Lebanon, who attende'
Simons on the sth, eorroborated the state
ment of DIR. Powell, said Simons' case wa
hopeless then; he was sinking rapidly
. he never fully recovered from the shock o
. the wound The DIR. said at the time de
L ceased made the statement-his dyinI
statement-he was there, and that th
: pulse had almost disappeared-it was i'm
!, possible TO time it; very little was givel
deceased but stimulants.
John Sumner-Was present at the dealt
4 of Simons, which occurred few minute
!, before 10 A. NJ. on Sunday, Nov. 9th, 1873
IA was with him the night before his death
e ,vas ,,raea0+ xUI,an r NJ Miller was witt