The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-22
THE ST. CLAIR PRIAL.
yesterday Afternoons Proceedings-wit-
neSses ON the Inquisitorial Rack.

NhOy Was EeSuI1Su.
counsel read from deposition of wit
ness at preliminary examination to re-
lresh has memory, after which witness
proceeded as follows in reply to cues.
tons by Counsel
90 not remember being at Loveloek
on any particular day after the holni.
eide; l saw Wingate at Asher's house:
remember conversation with Mrs.
Asher and Wingate; | said there was a
rope around st. Clar's neck and would
pun 1t; said l knew great deal on
both sides, but as st. CLAIR had treated
me SO would not tell it; | do not re.
member the exact day ON which this
occurred; | remember being at Asher's;
Mrs Asher was not present when the
conversation took place; | was speak.
log to. Wingate; | do not remember
saying that | knew lots on both sides;
| did not say that | had rope around
defendants neck; / said there was
rope around his neck; did not say in
substance that | knew lots on both
sides. That's ALL" said Counsel.
That's all, echoed Counsel for the
State, and the witness gave sigh OF
relief and fastened from the stand.
JOSEPH MARZEN
Was the next witness called by the
State. He said: l reside at Lovelock;
knew deceased and know defendant;
was present when the body OF lully
was lying dead on the bridge; defend
ant said he killed Tully; he said to me
| suppose YOU are satisfied now; you
kept him for three or four months;
noticed the position of the body of Pat
rick Tully; it lay on left side, the right
hand held small pistol; the hand did
not have hold of the pistol; noticed
wounds on body of deceased, one on
back and one on the ear; the ear was
burnt black; | suppose it was made
with a pistol bali; it looked like pow
der burn; the bridge was on Tully's
land; about 100 feet from his house; the
ranch is in Humboldt county, Nevada;
this occurred late in July last.
Cross. examination | do not recog-
nize that as being the pistol; it looked
like that; witness explained to the jury
the position in which the pistol was in
the hand Of deceased.
SHERIFF MILLER
Was the eighth witness called by the
State. He said | was Sheriff of Hum
boldt county last July; was present at
the inquest held on the body of Patrick
Tully; | received that pistol on that
day; 1t has been in my possession since
the time OF the inquest, except when it
was used in Justices Court.
J. H. MACMILLAN
Testified that he received the pistol
from Constable Asher; it is in the same
condition now as it was then.
The pistol was then offered in evil
denee aud examined by the jury.
Witness resumed: On the evening
of July 10Th was present at Coroner's
inquest; Mr. Moore picked up bullet
FROM a spot Of blood on the bridge; two
hairs, one gray, the other dark,
were attached to it; | compared
them with the hairs on Tully's head
at the place where the wound was;
they were alike; the bullet has been in
my possession since; | have measured
the arc of the bullet and lind that 1t
corresponds with the size OF the bullets
that fit the large pistol exhibited here
IN court; the bullet was gwen to the
Jury for examination.
Witness further stated that the bull
let is in the same condition now that 1t
was when picked up on the bridge.
MISS KATIE CRAIG
Was next called by the State. She tes-
titled that on the 2Sth OF July last she
met defendant near Tully's place; he
said nothing about Tully; he made no
remarks about FULLY; no person offered
her money to come here and testify IN
this case; no one who has anything to
do with the case offered me money; a
man who said he was looking TOR work
said / could get money; defendant told
me he was shot in the side by Tuliy; he
did not show me where Tally was; the
body was on the bridge near Iuliy
house; he did not say who fired hrst;
have talked with MIR. Wingate about
this case; have not spoken TO Mis-. d.
Clair about the ease.
DIR. T. C. HANSON
Was the eleventh witness called by the
State. Said: am physician and sur
geon; was called upon in July last to
make a post mortem examination OF the
body of Patrick Tally; found wound
in the body about an inch to the right
Of tine right nipple; passed o probe
through the wound into the cavity OF
the chest; also found in line with 1t
wound on the back to the leis
OF the spine, about four inches
from the spine between the eighth