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

door; he carried the pistol out Win niih, 90"
Wilson have a"pistol in his hands; don't know
where he got the pistol; Kennicott looked to
me as if he was frightened; he seemed 10
want to'avold difficulty; he was going away
from Sanders, and was backing up all the
time; have not seen that pistol since; this
trouble between the two men had been going
on about four or five months before the shoot
ing, I should Judge; before Kennicott backed
In the door with his six-sllooter, Kennicott
was standing in the door With his back to the
crowd; don't know what happened outside; If
l had a six-shooter out and a man like Tex
was following me up, should have thought
he intended me some harm; knew Tex since
time; he was generally talking about fighting;
dom know as l ever saw him pick up a quar-
rel without cause; he had some words with
Jack Mckay there once; can't call to memory
any one else that he had trouble with; have
heard Others say and have heard him say
himself that he took water from nobody;
that he was always ready to defend himself;
have told about all / know of the shooting;
didn't see Kennicott till he stepped in the
door and went out again, and then he came
in with a six-shooter, telling Tex to keep
back; When he went out lie went on the side
walk, and went to the left; Tex went TO the
right, when Kennicott told Tex to keep away,
don't know that l heard Tex say a word;
didn't hear hun say a word as he entered;
Kennicott backed through the door and Tex
seemed determined to get ahold of him; Tex
had his hat and coat on; he had a very
determined expression in his face, seeTed
angry and didn't seem afraid of anything.
Cross-examined.-Tex was in the act of
trying to get hold of Kennicott and had his
going back very rapidly.
}. r. Wilson, sworn on the part of the de-
fense-Was in the room the night Tex was
shot; knew Kennicott; have seen Sanders In
town; was standing about 81 feet from Ken
nicott and about % feet from Tex at the
time OF the shooting; Kennicott was between
Tex and myself; was not close enough to
hear anything; saw the firing and the position
OF the parties at the time; kennicott had his
back to me, facing Tex, with his pistol eleva-
ted; Tex was facing him with his hands up
thisw way; it was done very quickly; the pistol
was elevated and the line of fire from the
pistol was up; think the pistol, as near as l
can judge, was in this position; don't know
whether kennicott was moving or whether
he was still when lie fired, but think he was
moving backward; the other irau was coming
to him in this position, with his hands up: if
Tex had anything IN his hands | did not see
it,; two or three men went up TO Tex after he
had f~aiIel: | don't know the first man
don't know his name; ! see him around town
here; think he is a Frenchman, with black
hair and whiskers; didn't notice lex have
any pistol; after the shot, Kennicot. stated
for the door; he walked, he didn't run; the
last l saw of his pistol it was in his hand;
didn't see him drop the pistol; saw him start
TO the door with it; didn't see the parties till
they were half way town the counter; there
were quite a number OF men around the faro
table and some in front of the house: the
distance between Tex and kennicott at the
time of the firing was about three feet;
couldn have been over three feet; could see
Sanders face and motions just momentarily;
it was all done rapidly; didn't hear any Ian
guage.
Cross-examlned-After the shot Sanders
did not turn, he just dropped; they were pref
ty nearly squalely facing each other; the
ball entered OIL the right side of the neck; all
l know about where the ball lodged IS what
the physician said | wondered from the line
of the fire how the ball could go in here
and come out here: the physician told me
the ball struck some muscle in the back of
the neck and glanced downward.
James Eyier sworn for the defense.-Was
not in the house when the shooting took
place; was on side; see them having a little
quarreling match outside; this Mr.. Martin
had a hold of Kennicott and Baxter had Tex;
Tex broke lose from him and took Kennicott
by the throat; they parted them again and
Kennicott backed into the saloon; didn't see
Tex with any pistol; didn't hear what Tex
said to kennicott; he ushed and followed
him into the saloon; Kennicott told him to
keep back or he would shoot; l never went
into the saloon; didn't think they would
shoot; Kennicott broke away from Martin
himself anu Sdiu 1 all d slehu vi uin, Lex
just grabbed him by the throat; then Martin
ketcled him again; when they vert into the
saloon Kennlcott backed in and / heard him
say keep away or [ will shoot; didn't hear
Kennicott use any hard language; Kennicott
seemed to want to claim friendship with Tex;
[sotto-I want to go out and get a drink.
Tex called Kennicott some rough names
when lie ketcbed him by the throat; kennicott
wanted him to talk to him and Tex made the
remark 'jus, come down here a hundred