The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1881-07-09
ASSAULT AND +
rhs Testtnony On Both sides-The
JaFy DISAGREE.

5uusc 0cau ycotciuay. OOully AlNOi-
ney Potter appeared for the people, and
J. c. Baird for the defendant. A jury
wa obtained after some delay, and the
witnesses were sworn. The first for
prosecution was Major John Talbot,
who testified that on the night of the
4th Of July, 1881, three men came to
his saloon, about one mile from Chey-
enne, and ordered drinks. As he (Tal-
bot was reaching down to get the beer
glasses, he was struck on the head with
some instrument; and as he raised up,
one Of the parties caught him by the
whiskers and struck him. He then
reached for his pistol and shot at the
man. who, however, dropped behind
the bar, and consequently escaped the
ball. After this he remembered moth
ing, being insensible for ten minutes,
perhaps. Saw Renfro run out the front
door, and the other two ran out the
side door. Did not point pistol at
them till after they assaulted him.
Cross-examined-Did not examine
the person Of Cuisman to see II be had a
pistol. 1 was perfectly sober at the
time. l suppose it was a slung shot
they hit me with, and the third blow
knocked me senseless. did not ask
the defendants IL they had any pistols.
There were several soldiers and citi-
zens sitting around the room at the
time.
DR.. Graham sworn.
l saw John Talbot on the evening Of
the 4th frst at Abney's livery stable. 1
took him up to my office, and made an
examination Of his wounds. / found
his head cut open and put three stitches
In 1t; also put plaster on seseral wounds
on and around the face. The wound
looked as II 1t had been produced by
some heavy instrument.
On cross-examination the doctor said
1t could have been produced bya mans
fist.
Mrs. Talbot sworn.
Was present at the time the affair
occurred; opened the door and saw my
husband stoop for glasses, when he was
caught by the whiskers. Previous to
this he was struck over the head. All
three got him down and were on top of
him when l pulled them off. Don't
think 1t was Renfro who struck him on
the head. Mr.. Talbot did not try to
shoot Renfro. Two shots were fired by
Mr.. Talbot, and all three men u out
the front door.
Sergeant Campbell sworn.
l was In Talbot's place part of the
time, and saw some man reach wei the
bar and strike Talbot and grab him by
the whiskers; after that Talbot fred at
the mar who had hold of him. The
men were in front Of the bar.
G. Bennett sworn.
Was at Talbot's saloon the night of
the ARRAY. and was sitting on a barrel
near the door. / saw one blow struck,
and Talbot fired n shot. 1 got too
excited as the pistol was shot and left.
Upon cross-examination he said: 1
saw a pistol in Talbot's hand before he
was struck. Talbot was showing how
nicely he could handle it, and cooked
it, and swung 1t around. Did not see
any slung shot; Talbot was intoxicated.
]. q. Abney, sworn: Saw Renfro the
night of the races; came to my stable
and hired a rig, in company with two
other gentlemen, saying that he, Rem
fro, wanted to 60 to the race track.
Mrs. Talbot, recalled: Found a slung
shot behind the bar after the fuss; l
brought it to town and gave it to DR..
Graham.
F. q. Thomson, sworn: Arrested
three men, assisted by the sheriff,
the night of the Fourth; took
Cuisman and Russell to the Jail, and
turned the third loose.
Capt. E. s. Smith, sworn: Saw Rem
fro on the evening of the Fourth; /
went to Renfro's house and arrested
him; Renfro remarked that there must
be a mistake; Mrs. Talbot being called
into the house recognized defendant.
Here the prosecution rested, and the
defense called William Russell, who
was sworn, and testified as follows: i
was in company with Mr.. Renfro and
Mr.. Cuisman in Talbot's saloon; the
first l knew l heard a shot, and Cuis-
man jumped behind the bar, and Tai
bot threw Cuisman against the ice
chest and shot at him; Mr.. Talbot was
not senseless; did not see Mr.. Renfro
go out; did not see Renfro after the
shot was fired; Mr.. Talbot had bis re-
volver out, and pointed 1t at Cuisman,
just before that saying he (Cuisman)
had u revolver, and searched him; did
not see Renfro strike Talbot; Talbot
did no drink with the party; Mr.. Rem
fro vas not behind the bar; no one was
there but me and Cuisman; Talbot
seemed as If he wanted to pick a row;
did not see any blows struck at Talbot
before any shots were fred; l had no
weapon with me but a little pocket
knife; came back home afoot.
John Cuisman, sworn: l was in Tai
bots saloon with Renfro and Russell; i
leaning on the bar talking, and the
first time 1 knew anything, Talbot
pointed a pistol in my face to search
me, and Talbot shot q pistol at Renfro;
l jumped in and caught Talbot; Talbot
also shot at me, the ball going through