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

cause such men as you and me amt got sand
enough to tackle him; don't want no truck
with none Of his kind.
Joseph Wilson recalled.-Had a pistol after
the shooting; got it out Of ..Kennicott's hands
when he went outside after the shooting;
Stanley Walker, Allen and Hooton picked
Tex up; Stanley left town; Offered the pistol
to the bar tender but he wouldn't take It;
when l went in they were holding Tex on
his feet; didn't see where he fell at; gave the
pistol to a policeman. w.. .@
r.. P. Hamilton sworn for the Defense
Was in the house when the firing occurred;
was Is OF 20 feet from kennicott and lex;
was sitting in the chair at the end OF the bar
away from the street; didn't see the shot fired,
my back was to the parties; saw them lake
Tex up from where he was lying and put him
on the faro table; noticed Hooton there; don't
know who else was there; saw q pistol don't
know where it came from; three or four men
were standing around when he was picked
up; looked to me as though the mar that
picked him up picked up a pistol with him;
didn't see the motions of the parties; the only
language l hearl, somebody said, sLook
out;'' don't know Kennicott; the man that
shot, as soon as the shooting was done, went
out of the house; if the pistol l saw was the
one the man walked out with, it got back
pretty quick.
Cross-examined-Don't remember of see
ing Joe Wilson there. ."'
David Allen, sworn for the prosecution
Was in the house at the time of the shooting:
didn't see the shot fired; knew nothing of the
trouble between the parties; after the report,
1 saw Tex fall; went to him; Hooton was
there before me, and the man they call Walk
er; don't know Stanley: this mar Walker,
Haislop and myself lifted him up; did not
see the pistol at the time; when we had the
man on the table 1 saw this man Wilson
come in with a pistol; thought he wanted to
give it to Tex, but It was kennicott's pistol;
didnts see any of the parties that lifted han
off the floor have a pistol; thins there were
two persons assisting him besides myself; did
not hear the conversation between the men;
heard the shot and went there and picked
him up, have known Tex since last fall.
Cross. examined-t as standing at the faro
table talking to Hamilton when | heard the
shot; saw. kennicott come out after the shot:
he had a pistol in his right hand as he walked
out.
Louis Reimer, sworn for the defense-Am
clerking ford. H. Cohen; knew lex; have
had business with him; he was in the habit
of pawning his pistol there; it was a Colts
self-cocker, about eight Or nine inches long,
and about thirty eight calibre; Tex had the
pistol in pawn before this shooting occurred
aud got it out the Thursday night before the
shooting; it had been in pawn a little over a
deemed it Thursday night and put it in his
pocket.
Silvan Hughes sworn for the iefense-H Have
known Mr.. Kennicott about two years: we
have been personal friends; we had a CONVEX
sation last October; Kennicott called me in
the back part of the store: told me there were
some parties that contemplated robbing Don
nell, Clark Il Larabie's bank and they want
ed his assistance: one of them was one of tie
James brothers; he said they were represent
ed to him as the James brothers; he appeared
excited; asked him If he had told Mr.. Clark
about it; he said he had and said if Mr.. Clark
was willing he would lend his services to get
them into a trap; his object in speaking to me
was that If anything occurred somebody
would know something about it; he omitted
names except the James brothers: he said he
felt in danger as something serious might
happen; think this was in October; it was late
in the fall.
Cross-examined-He gave me TO understand
the James brothers were not working it; that
It came from some outside parties; be wanted
somebody to know something apout it so that
if anything did happen he might be exoncra-
ted; he asked ME to keep it a secret; that if
out of the way.
James II. Bradford recsiled.-At the time
Tex and myself were drinking at the bar he
spoke about a pistol, and he showed me the
cocker: he carried it in his hip pocket; he just
showed me the handle Of it; | told him TO
go slow; he was drinking and appeared to be
excited about something.
Samue Kennicott sworn in his own be.
balf.-My first acquaintance with Tex began
in October last he made a proposition to me
to rob Donnell, CLARK and Larabie's bank;
was employed at the bank at the time; he said
| there were several narsouS anpauad with him
and they wanted me to help them; he sail !
met one of the parties and shaken hands with
him; he intimated hat one of the James
brothers was in it; had no conversation with
Tex In the presence of any one else: had sew
ersl conversations alone with him; | related