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

|TT Ns.F#F|t '1'7""" t|.|f Hf't. .Nh'|f."Ef g.
known Tex six years; l knew him in Nevada;
l never knew him as q courageous man; he
wanted other men to think so; I never knew
him to have any trouble, but since he came
shoot him; was about ten feet away; didn't
see Tex have any gun; he was making mo-
lions toward Kennicott, and had both hands
extended. ripe .N5 ii.a2 "at @l&E @~ 4
observation-disclosures was backing
pretty lively; seemed to be walking pretty fast;
am a little hard of hearing and didn't. hear
Kennicott say he didn't want any trouble
with Tex didn't pay any attention to what
l did hear when first came into the SILICON.
Kennicott and this musician were talking to-
gether, the next time l saw kennicott he was
talking to Tex from the door to where Ken
here he tried to get the reputation OF a
fighter. .... ... ..
Edward Baxter, called and sworn for the
prosecution was not present at the shoot
ing Of Jesse B. Sanders; 1 was outside the
house; it was about half-past one Saturday
hight; l don't remember what date; IL was
along about ten days ago; all that l heard OF
the conversation between Kennicott and Tex
was that Tex accused kennicott of calling
him a ~steerer; from that they had a few
words and I tried to take Tex away; that's
all the part of the conversation l heard; l
don't know what ssteerer" means; steerer is
the word he used; Tex told Kennicott he
had Insulted him and he wanted satisfaction;
| suppose he wanted t, fight him; l think
tb,t,o v,hot ho INFANT bv oopsnu sotisTaotipns
then they made arrangements to fight, but l
talked to Tex and he concluded not to fight;
after chat Tex got away from me and went
into the saloon and 1 heard the report of a
pistol.
Cross-examlned-Tex was drinking that
night; 1 was drinking with him; l was taking
care Of Tex and trying to keep him from
getting into difficulty with Kennicott; l Gid
not hear what was said when he went into
the saloon; l did not hear Kennicott say any
thing at all; Kennicott didn't say anything
that | heard; l think Tex got outside of the
saloon when I got out; be got out before me;
he was in conversation with Kennicott Jack
Martin was there; ! can't say if Kennicott
was angry or not; both were talking; | I'M
derstood from the conversation that both
were angry; l paid no attention to the con-
versaL.on; 1 can't tell nothing more than l
have said about the conversation; l can't
swear that L heard Sanders call Kennicott a
cowardly son Of a BIB; some one struck
Kepnicott over my shoulder, but can't say
who it was; 1 think he struck at Kennicott.
Charles Cummins, sworn in behalf of the
prosecution Il was not present at the time of
the shooting of Sanders; l was in the vicin-
lty; | was in Fishers saloon; | did not hear
of Sanders and Kennicott having any titficul-
ty before; about fifteen seconds after | heard
the shot l saw Sanders lying on the floor and
l asked him, "Who shot you, Tex ?" and he
said Kennicott; he repeated it twice; l saw
nothing of the shooting.
Cross examined-When | saw Kennicolt
outside he was talking, l think, with one OF
Plunkett's troupe; he appeared to be drink.
ing; it was dark, but he was standing in front
of the door; Tex was inside then.
A. A. Brubacher, sworn for the prosecution
i was not present at the tim of the shoot
ing of Sanders; was nowhere near it; know
nothing about the case, only just from hear.
say.
The Court will say this, Mr.. " ord: we
subpoenaed these witnesses just as we under.
stood they knew something about the case
and l suppose we have one or two who really
know nothing about it.
James Walker called and sworn for the
prosecution-I was present the night Sander!
WIS shot; was inside al the time of the shoot,
ing; it was about a quarter or halt-past one
it was Saturday night or Sunday morning
about Il " eek ago; that was in Silver Bow
county, Montana Territory; saw Kennicott
and this musician talking right in the door
way; afterwards saw Tex and Kennicott hav
ing words; that was after he had left the mu
sician; this was a few minutes before thu
shooting; they were standing outside the doc
and we re talking together; they seemed to b'
quarreling; did not pay mnch attention tt
what was said: | saw Baxter have hold O
Tex; several men were standing there; dom
know whether they were inclined to fight 0
not; | saw Tex go into the saloon; Kennicot
was backing and Tex WIS following him N
and was killed; l don't remember any word
that were spoken; l was standing off toward
r the stove and saw them coming; heard the re
/ port of a pistol and saw Sanders fall; did NJ
pay any attention to what was said; heard lot
: OF language but paid no attention to it; say
( the shooting: Kennicott came right III an
/ Tex was trying to get to him and when he g
about half way along the bar | saw kennico,
nicott fired the shot it was along about twelv
Or fifteen feet Kennicott was up along tn
counter there was a whole 70 NJ full Their,
some tried TO get out back when they saw til
pistol; Lex kent about aver with Kennicntt