Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-02-09

Brown was turned sideways toward the
building; Kennedy was standing In front
Of hin With his hand thrown around his
back trying to get hold OF the pistol;
Blown wa somewhat intoxicated.
oYYIcER sHEEHAN's VERSION.
Officer Dan Shsshan svorn-I was
not present at the time Of the dificulty.
but came Immediately after the shot was
fred; I arrested the defendant; Brown,
Kennedy and Rhodes were scufilns to-
gsthsr when ! got there; Brown and
Kennedy both had hold OF the pistol; 40
near a. I could SEQ In the dark Brown
had hold OF the muzzls-Rhosdes had
hold Of the middle. holding the hammer;
separated them aud told Brown I ar
rested him; hs said all right Nj. Shes.
han; I took him over to the station
hose; I found no pistol on Brown; I
was above them, near the drug store,
and did not hear the oonvsrsation Of
time Of shooting; jumped back there i'm
msdiatsly ON the shot being fred.
EDWARD x'rrour's VERSION.
Edward McTigus sworn-wss present
Of the time Of the difficulty; first I knew
Of the trouble I heard Kennedy talking
to Buckley inside Of the ball. telling
him he ought to keep still; that be Vas
not acting % . gentleman should In Q
ballroom; Buckley said hs couldn't AZ
rest him. or something 10 that effect;
Kennedy then left, and o o Buckley
put on his overooat and hs and l went
outside; Buckley kept pretty noisy and
said no son Of o bitch OF an officer could
arrest him; Kennedy vas standing some
fifteen or twenty feet cut In the street
from him; Kennedy then said BUCKLEY.
I'm no Son OF a'bitch. but I'll arrest you
II you don't keep %still;' Brown walked
up to Kennedy and began to talk to him;
I got hold OF Buckley and told him he'd
better keep still; he leaned back against
Q post; I didn't pay any attention to
what Brown and Kennedy were saying
then at all; I was talking to Buckley;
directly I heard Kennedy ask Brown
something sbout being heeled; then
heard Brown asking Kennedy II he was
heeled; Kennedy answered, "Yeu dam
fool, Of course I sm," or something to
that effect; I heard nothing more until 1
saw them together scufiing; Kennedy
closed in on Brown; I think they got on
the sidewalk before the shot went on /;
heard the report. and Buckley dropped
over on my arm aud said he was shot; l
then attended entirely TO Buckley; l did
not see the pistol at all; We were some
fifteen feet distant; don't remember who
else was present; Buckley's brother was
neal Is waiting for me to get Buckley to
60 homo.
THE DEFENDANTS VERSION.
By consent, the defendant Brown was
now called upon, and made the follow
ing statement under cross.sxaminstion
from both sides:
I. received the pistol from Marshal
Kennedy; II was dark. but I think this
was the pistol; would not swear to 1t;
when he handed me the pistol be asked
me, "Ars you heeled nop ?" / don't
remember positively Whistler ] said any:
thing or not; he then kind OF jumped
aud threw his arm around and grabbed
the pistol; then II went of I; be grabbed
Il with bis left hand I; I had 1t BY the
butt with my right hand; l bad not ct.
tsmpted to shoot him; / believe l had
said to him that II I was heelsd he
couldn't arrest me; the reason why l
made the remark about not being heelsd
was that I might have used 1t 10 he bad
attempted to arrest me. as I wal making
no noise or trouble; I did not ask him to
heel me; when he gave me- that pistol
and said he vas heeled, / would not
have allowed him to arrest me; when be
sprang aud grabbed the pistol Il got
turned down; I don't know IL the
shot went into the ground or not.
THE CASE DIMINISHED.
District Attorney Hilss was Of the
opinion that the defendant showed indi-
cations Of . malignant disposition, but
saw no evidence to justify holding him
responsible for the shooting Of Buckley.
The Court took the same view as to
the guilt OF the prisoner, yet bis Honor
felt that he must make q few remarks on
the subject. He considered that all the
parties concerned In this disgraceful
affair we'll deserved to DO severely pun.
ishsd. and regretted that tho law could
not reach them properly. This affair
was o disgrace to the people and the
rising generation Of Gold Hill. The re-
suit could have b-sn prevented. and
should have been. by the arrest OF the
refractory parties at least two hours be-
fore the shooting. There had been Q
plain neglect Of duty on the part OF those
who could and should have stopped the
trouble 10 time. The shooting Of Buck
Icy was shown to be accidental. no In.