The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-07-12

acquainted with Kennicott and knew Tex,
met him last fall some time, 1 think in No.
vember, the first time I saw him; was in
Kings saloon that night; saw the shot fired;
was at the table next to the bar dealing faro,
judge about fifteen feet from where the shot
was fired; heard no conversation; Sanders
was nearer the counter than Kennicott; Ken
nicott was IN front of the bar, between the
bar and the stove, l should say between the
stove and the door; he was nearer the stove
than the door; l looked up just in time to
see the shot fired; didn't know who fired or
who fell at the time; was sitting there behind
the table and heard some kind of a noise
and looked up, and just as Hooked toward
the front 1 saw this ran shoot; the instant
the shot was fired l think this man passed out
the door; didn't recognize him then; under
stand it was Kennicott; had not seen him
during the evening: the other man fell, l
think, against the bar; the excitement made
me look up quick and l saw this man fall; he
fell against the bar, a little further than half
way down; didn't hear a word spoken, ex-
cept some one said 'Look out;' up to that
time there had not been any noise or con-
fusion in the house; was busy, and there had
been no trouble until the firing of the gun;
knew Of no difficulty between these two men;
believe 1 have told all l know; saw the shot
fired and all the loose men, with one or two
exceptions, run out the door; saw some one
pick this man up; the first man that 1 recol-
lect got him partly up; was a little behind
the bar and couldn't see, except what was
going on in front, but the first man that l ie
member who was assisting this man from the
floor was helping him up with one hand and
had in his right had a pistol, and was assist
ing him partly with the other hand; saw the
pistol in the hand of the man that was assist
ing him up; my supposition was that this
man that assisted him up took the pistol; it
just naturally came to my mind; l said the
man starting to make a fight got left with his
gun in his hand.
Cross-examined-l did not see Kennicott's
pistol; noticed that the man who shot, to the
best Of my recollection, went to the door;
Oluh Y oCC dilyVHlhS dli CASCPG uhC uah, III
l would have seen it if Kennicott had dropped
his gun; was dealing at the time this occurred
and was engrossed with my occupations; they
might have been quarreling and l not have
noticed it; there was a noise and hustle that
made me look up and 1 thought there would
be a fight, and it just happened that l looked
up just in time to see tn S shot fired; can't
swear who took TeA's pistol or who helped
him up; there was one, l recollect, the only
one l saw, but 1 don't know who he was;
afterwards there was a number together Their
in a very few seconds after | saw this man
T.. with a pistol in his hand; don't know
what became of the man who first assisted
Tex; have not seen the pistol since.
Court adjourned.
THE DEFENSE-CONCLUDED.
Peter LaClare was called and sworn for
the det~-.Ie and examined by Mr.. Word
Am acquainted with Kennicott; knew him
about the city; all that l know about this is
that | was coming up from Park street and 60
ing home; saw a crowd up there and saw Ken
nicott standing there; they were having some
trouble; when | got around the corner heard
a shot and came back; saw Kennicott standing
IN the same place l left him; some one said
Tex was shot; went into the saloon and saw
Tex; the blood was running from his mouth;
came out, and some one said "there's the man
that shot Tex Kennicott was standing there:
saw no one with a pistol; they were outside
,rh,,, 7 ,o,- ,J--, l:A.-, lx L w. go. I
to Kcnnicott.
Observation-Disclosures l came back after
hearing slot saw Tex standing up by the Ia
Bile; he was bleeding at the mouth; didn't
hear him say anything; that was about a
minute after | came back.
George O'Dell calleu ana sworn for the de-
fense-Am tending bar in King 4 Lowry's;
saw this trouble between Tex and Kennicott;
the first l saw was outside the door; Kenni.
colt was talking to a musician that played
for Katie Putnam; they were talking about
flats and sharps and such things; Eve or three
minutes after that kennicott stepped in with
his back to the door: Tex was facing him and
was using his hands this way; heard Sanders
say son of a b-h; Kennicott stepped back i'll
to the house and he turned and vent right
out; should judge it was three or four minutes
after that Kennicott came back saying" keep
back" with a revolver in his hand; he was
two or three feet from the stove; Tex kept
along two or three feet from the bar; then he
stepped out into the room, perhaps two OF
throa fact. bo wae ,nol,;nn ,.nr;o,, tb;a rro,
and kennicott shot him; I should judge they
were three feet apart when Kennicott shot;
kennicott had his back nearly up to the
stove; the stove stands sideways to the dool
and faces the bar; saw Tex when he come in
there were about 100 people in the house