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

ing occurred, i lett E1arrlS saiooh noIo al"
went up shat way; / heard that quarrel; some
gentlemen had a hold OF Tex and was trying
to keep him away from this man; Tex struck
this man from over some mans shoulder; he
broke away but they got him back again; then
he made another break and ran down after
this gentleman and this man backed into the
door of the saloon and he kept following him
and | had Just seen the gentleman pull a
pistol out; this gentleman said keep back l
saw Tex make a break after him and this
gentleman said keep away from me; then l
heard the crack and saw Tex fall kennicott
said he did not want anything to do with him.
At the time he was advancing on Kennicott
can't say what Tex said ! think the CONVEX
sation had beeu going on ten or fifteen min
utes, and during this time he did not show any
disposition to fight. He requested Tex to go
away; | have snown Tex a veal; l first knew
| Tex in Utah; l have heard he was a bad
man; there were u good many persons in the
room ; l was standing; when l heard the shot
l skinned out; l have seen so much shooting
That l got out there We're some behind Ken
nicott; they were pretty thick in there; Tex
was, l should Judge, four or five feet from
Kennicott when he shot; l saw nothing in
Tex's hands; when Kennicott came out on
the sidewalk to hold up his revolver l din'td
see Tex have a pistol; | didn't examine his
body | didn't hear Tex make any threats to
shoot he said he was agoing to lick kenni-
colt; Kennicott told him he did not want any
trouble with him and laughed l don't know
that kennicott appeared to be afraid of Tex
he kept away from him; he tried to talk to
him but Tex wouldn't have it l think he
wanted Tex to come and take a drink but
Tex Wouldn't do it; Tex called
Kennicott a S - II of a b--h and a
Id; l didn't hear what more he
cursed Kennicolt l didn't hear Kennicott
calling Tex names; he talked to Tex in a
pleasant manner always in a gentlelnanly
manner.
Cross examined.-l heard the conversation
outside; l dom know how long they had been
talking when l got up there; some man with
a straw hat OH was trying to pacify Tex Tex
tried to get way from him, and did break
away from him; he reached over this mans
shoulder and hit Kennicott l saw the pistol
at the door; Kennicott held up the pistol and
told him to keep back ; l didn't hear anything
else said inside Sanders kept coming after
him and wanted to get a hold of kennicott or
made that kline of demonstrations, but KEN
nicott's pistol kept him back.
John Z. Lloyd sworn for the itiense.-i
49,, ,o.,,;nt,l with Ea,p;oott hovo l,Dur
him two years l was not acquainted with
Tex : | was on the road home the night the
shooting occurred; was right On the steps
when l saw the men rush up to the door; saw
Kennicott have a pistol in his hands and
heard him say "keep back, keep back;' did
not hear Tex say anything to Kennicott just
rushed on him; Kennicott had the pistol in
his right hand and held the other up this
way and said "keep back there was a table
in kennicotts rear; some people were there;
he bad backed near the end of the counter
l should think Tex was three or four feet
from Kennicott when he shot, almost close
enough to take hold of him didn't see Tex
strike at him; l had just got to the door on
my way home the attitude of his hands was
this way, in front of him can't say exactly
his position; when the shot was fired l jump
ed to one side ; l never knew Tex; didn't
know who he was from what I saw my
judgment is that Kennicott did al he could
to prevent the difficulty; don't think kenni-
colt could have averteI the fight if 1 had
been him l should have lone just as he did,
T,y l. ,;rp tho ra,,tnt;np ha had. Eo,,.
colt seemed to be keeping out of the way.
Norman Supernant sworn for the derense.
Am acquainted with Kennicott,and was ac-
qualnted with Tex; knew Tex about
eight months in town here; saw
both on that. night; was there about
five minutes before the shooting occurred,
was standing right there when Kennicott
said, sIf you don't leave he alone | will
shoot the son of a G-h;'' then Tex made a
break at him and reached in his pocket and
pulled a revolver; l was about three feet from
Tex when he had this revolver, when he
made the br@ ak after Kennicott; Kennicott
was inside of the house when Tex went after
him; l saw kennicott fire; as soon as Kenni-
colt went in | Went i'll and stood near the
high-ball table; l saw Tex's revolver; it was
about this big; he held it up in the crowd
and came in; there was nobody near Tex
then; l don't know who took his pistol from
him; three or four stood there; there were
some men where Kennicott was; | heard
Kennicott say, "Keep away from me or I'll
hurt YOU" he said it five or six times; didn't
hear Tex say anything; he just kept coming
after him: didn't see him strike Kennicott; |
am positive l saw a pistol III Tex's hand; he
had the pistol as he was going in the door;
he had it in his hip pocket; l was from two
and a half TO three feet from him; 1 heard no