Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-02-09

shall he Causs-Examinatisn Or
Frank -preWs, she ALLEGED
shssser-His Aequisssl-rhs Case
Dismissed-Sevsrs Cessarisg Re.
marks OF Justice Flaaniaghsm.
Frank Brown, who VA arrested for
the shooting Of Patrick Buckley last
Saturday morning In Gold Hill. had his
examination yesterday afternoon Of 8
o'clock before Justice Fl~annineham.
District Attorney Hilss conducted the
prosecution. and j. A. Stephens sp-
pssrsd for the defense. This ease being
one Of considerable public interest, the
courtroom was we'll crowded. The hrst
witness called was Michael Kennedy,
Town Marshal OF Gold Hill. who. being
sworn, testified o. fellows:
x~KNNEpY's VERSION.
Last Friday night there was = party
given by Yellow Jacket Hose Company
at the old Capitol Saloon, nov called
Garfield Hall. About the last dance, or
about l o'clock Saturday morning. some
one came to me and asked me to 60 and
speak to Nj. Brown. the defendant; said
no was cursins and behaving In q man
that didn't look we'll where there
we're ladies. i went TO Brown and told
him II was no way for him to act. he
said: "All right" or. I'm quitting"
Mr.. Buckley, the man who was shot
afterward, was standing near me, and
said he'd like to see any damned son OF
q bitch Of an officer make him shut up;
he also said he'd like to see the damned
SON OF q bitch Of IN officer that would
arrest him ; ! got pretty mad then, and
told him II he didn't 60 slow he'd find
nedamned quick that would arrest him;
I turned then and walked out Of the
hall I can't say whether Brown FOL.
lowed me- out or went ahead OF me ;
Brown said had like to see the damned
son OF q bitch OF an officer that would
arrest him ; told him ! could arrest
him, and I didn't think I was any son
OF Q bitch he said you've got q gun
and I haven't; II I had Q gun you
wouldn't arrest ne at that time got
very much excited, and I put my hand
In my pocket and gave him my pistol ;
I asked hin what he was going to do
now. and closed up on to him and
grabbed bis arm or the pistol, / don't
know which ; just at that time the
pistol went OF I heard that Rhodes
oams In behind and got the pistol away;
officer Sheeban arrested Brown.
Cross.exsmiued BY Hilss-Aiter / gave
the pistol to Brown, and before tho shot
was fred. Brown asked me II l was
heeled; be might have said something
else, but I disrrm,mber. as I was much
excited; I have the pistol With me; here
II 10 (preduoed an English self-cocking
revolver); couldn't say whether the pis.
tol was fred after or before I caught hold
OF bis arm; when he asked II I was
heeled / don't know what position the
pistol was In; I could not see the pistol;
didn't notice how Il was; the object l
had In grabbing hold OF him was to get
the pistol; I wanted to grab the pistol
because I did not know but / would get
shot; the reason why I gave him the
pistol was because I wanted he should
take II and then intended 10 arrest him.
Cross-examinsd by Stspheps-I had
been at the party during the evening;
Buckley aud Brown were both friends Of
mine 80 far as I know;I know Of NO III
feeling by them toward me; I did not
observe Brown drinking at any time, bot
knew he had been by his manner; at the
time this affair occurred I did not think
Brown was much intoxicated. but that
be was feeling pretty good; when 1
spoke to Brown In the hall he merely
said he would quit, or had quit; be
spoke pleasantly; Brown got boistsrous
afterwsrd when out on the street after
hearing what Buckley said; / observed
Officer Shsshan when on the street;
there were others, but I did not notice
who they were; the controversy occurred
In front OF Csssidy's building. on the
street near the hall; Brown stood on the
sidewalk and I was on the street, think
there was some one with Brown ct the
time, bat am not sure; I was probably
two or three feet from the sidewalk;
Brown spoke to me 6rst; / had not at
tempted to arrest Brown at the time he
spoke to me outside; I had made no 70.
mark TO him whatever; when he used
the language mentioned I said nothing
until he repeated the words; then / told
him ! could arrest him, using the Lam
guags already mentioned; / may have
moved toward him at the time l thus
addressed him; he remarked that ! had
O gun and be hadn't, but IL be
had gun I couldn't arrest him;
I Immediately took out my pistol and
handed to him; don't know what he
wanted when be took the pistol. unless
he intended to shoot: ct the time l
handed him the pistol I think some per.
sons were there, but don't know who;
don't know whether ! grabbed his arm
or the pistol; don't know how long the
struggle lasted; probably . second or so;
I had It by the barrel; Rhodes twisted 1t
away from Us; I did not see Buckley at
the time the pistol went Of, but heard
him say, "Boys. I'm shot ]" he was
not interfering 10 any way stths time OF
the shot; I was much excited ct tho
time. and don't know what possessed me
to give Brown the pistol.
RHODES VERSION.
Edward H. Rhodes sworn-I was pres
emit at the time Of the difficulty; Q few
minutes after the party broke up I heard
Kennedy talking to Buckley about bis
mi~sbehavior; ! also heard him say he
ought to arrest Brown; ! didn't pay any
more attention to II until I stepped out
ON the sidewalk In front Of the hall; then
I heard Kennedy tell Buckley that he
thought hs hadn't acted right In the hall;
Buckley wanted 10 know In what way be
hadn't conducted himself properly; /
then started to 60 homo. and get up the
steps OF the sidewalk . little ways when
understood Kennedy to say TO Brown,
care you hseledf Z" heard Brown
say eyes. and are you hseled ?"
Kennedy hssitstsd anonsnt and then
said yes, what are you going to do about
II, or something to that effect ; Brown