The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-07-12
THE "TEx"
Examination Of Samuel A. Kenni-
colt for Shooting Jesse B.
ff .g2e Sanders, alias ''Tex."4%
Ken icott Makes a Statements.

ROBERT HalSlOp sworn Tor the pfOSecuLRn-
l was in the saloon at the time of the shoot
ing; it was Saturday night or Sunday morn
ing, one or two o'clock, last Sunday a week
ago; l happened to be standing at the twenty
one game; heard a scuffling Of feet; turned
around, heard a shot and saw this man Tex
fall against the bar; myself and these gentle
men picked him up; l said, "who the HI
shot your" he said Kennicott, the music
teacher;'I said, "oh, HI; it couldn't have
been him; it must have been some one else;'
when l heard the shot | didn't know it was
Tex; Mr.. Allen and these gentlemen picked
him up; my attention was attracted when l
heard the scuffling, and l turned around; l
did not know what led to this difficulty; he
told me who shot him.
Cross-examined-Don't ramember of see
ing kennicott; must have been Is or 20 feet
away from where he Was; there were a good
many persons at the door; as soon as the shot
was fired they rushed out; that gave ME a
chance to see this man fall and l rushed up;
there was a good many at the door but there
didn't seem to be many in the saloon.
Joseph H.. Wilson called aud sworn for the
prosecntion-Was present at the time of the
shooting of jesse b. Sanders; can't state the
date exactly when it was; c~an'ttell what hour
it was Sunday morning; about a week ago last
Sunday; it happened in King & Lowry's, Sill
YER Bow county, Montana Territory; | was
standing just outside the doO"; they were
Earring together; can't tell just what they
said; heard Tex say to Kennicott if he would
go out he would show him; l SAID you had
better settle this; the officers will be along
pretty soon; kennicott came up then and Tex
said he thought he would slap him in the
mouth: Kennicott said mo- you WON'T" he
did not seem angry, but Tex did; we'll, Tex
stood by the street with Baxter and the next
remark | heard was "son of a b-h;;" l don't
know who said it; Tex jerkad away from
Baxter and said will slap him now;" l
went into the saloon aud saw the fash of a
pistol, but l didn't have time to get in there;
Kennicott was backing into the saloon when
l saw him: l was standing behind Tex; Ken
nicott was opposite him: when l saw tie pis-
tol 1 stepped behind the door; l don't think
Tex had any pistol; nothing bat a pocket
handkerchief: | reached around him.
Cross. examined Il don't know why l
reached around him: thought perhaps he had
a gun; his conduct always seemed strange to
me; didn't say | saw the shot fired; was stand
ing just outside OF the door; was facing the
door: couldn't see Kennicott when be fired;
| GOT behind the loon: didn't see the pistol Ut
all; he was standing with his back to the sa.
loon and Tex was in front; I heard the words
son of a b-h when kennicott was at the
door: lex didn't say it: he was at the barber
shop then: can't tell if Kennicott said it: |
didn't hear kcnnicott use any language like
that: if he made any such remark l didn't
know it: l heard Tex say he would slap him
in the mouth; | heard Tex say if he would
come duwn Is yards he won d slap his
mouth: l didn't hear all the conversation that
was outside: | was standing at the faro game;
Mr.. Martin was with kennicott and Baxter
was with Tex; after the shooting l got hold of
the pistol that kennicott had aud he said
''take it, that was after the shot was fired:
kennIcott appeared excited: l should say he
was pretty much excited; Ishould think Ken
nicott did appear to want to avoid a difficulty
with Tex: l never knew of anything being
between them prior to his time; l didn't
know that they knew each other; that is
about al l know about it: | have told all l
know.
Thomas White sworn for the prosecution
l was not present at the shooting OF Jesse b.
Sarders; l know nothing at all about the case;
l know nothing that passed between them on
the outside: l was there soon after it occur
red; about two minutes afterwards.
Joseph Stailey not answering to his name
a bench warrant was issued for him to be eX-
amined whenever he appeared. Prosecution
closed.
II
Vim Harris called and sworn On The part
of the defense-I was present at the time of
the shooting of Jesse B. Sanders; l was in the
room at the time aud saw the shot fired; l
heard the conversation before the shooting
occurred; knew Kennicott had a pistol and he
had told Tex to keep back; then he shot him;
Kennicott was going back at the time and
told Tex three or four times to keep away
He said '' by - will get at you;''
Kennicott said /" keep back about five sec
onds afterward he shot him; he had gone
back ten or fifteen feet and a few feet from
the counter; l did not hear Kennicott use
a~-usive language; he told Tex to keep back
and about five seconds after he hot him; al
the time Kennicott fred the pistol Tex was
reaching out for him; 1 was standing
just apiece away from the counter.
The man that had the pistol was near the
door. He held up the pistol and told him to
keep away. There were some people there;