Arizona weekly citizen., 1881-01-01
CURLY BILL"
His Examination Concluded Before Justice Neugass-ImpOrtant Testi- mony for the Defense The Justices Decision.

The examination of William Bro cIOus alias Curly Bill, charged with murder in the killing of Marshal White, of Tombstone, was concluded Monday morning before Justice Of tLe Peace Neugass. All the testimony is clear and decidedly to the point.
 Wyatt S. .Earp, was called for the Territory, testified: On tine 21th of last October was Deputy Sheriff; I-- sided at Tombstone; saw defendant that night at the tune Marshal White was shot; was present al the tune the fatal shot fired; saw Mir. Johnson there at that time; my brother came up Immediately after; this affair oc- cured back of building in a vacant lOt between Allen and Tough Nut streets; was iu Billy owens saloon and heard three or four shots fired upon hearing the first sho. 1 ran out in the street and l saw the flash of a pistol up the street about block from where 1 was; several shots were fired in quick succession; ran up as quick as 1 could, and when l got there ] met my brother, Morgan Earp, and a man Oy the name of Dodge; l asked my brother who it was that did that shouting; he said he didn't know some fellows who run behind that building 1 asked him for his six shooter and he sent me to Dodge after got the pistol, 1 run around the building, and as 1 turned the corner l ran past this man Johnson, who was standing near the corner of the building; l Tan be- tween him and the corner of the build ing, but before l got there l heard White say: |" l am an officer give me your pistol 5" and just as 1 was almost there 1 saw the defendant pull his Dis tnl out of his scabbard and Marshal White grabbed hold of the barrel Ci it; the palties were not more two feet apart facing each other; both had ho'd of ,hc pistol, and just then ] threw my arms around the defendant, to see if he had any other weapons, and looked over his shoulder, and White saw me and said " Now, you G d. s- of a b., give Up that pistol;r and he gave a quick jerk and the pistol went oil; Nhue had il in hi, hands, and when he fell 10 Ihe ground, shot, the pistol dropped anu 1 picked it up; as he tel, he said, 1 am shot" The defendant stood still from the time l first saw him until the pistol went off, when l took defendant in charge ne said, What have 1 dOuez l have not done anything 10 be ar
 d ff E..re fHr.4 .l af
 ] knocked defendant down with my siX-shooter; he did not get up until 1 stepped over and picked up the pistol. which had fallen out of Whites hands as he fell l then walked up to defendant, caught him by the collar and told him Co get up. did not notice that he was uIauNi Il he was l did not not notice II. H lien I turned the corner he was Iu the act of taking his pistol out of his scIo- bard. 1 examined the pistol alter wards and found only one cartridge discharged, five remaining. The pls- tol wus Colts 4j caiibrc.
 James k. Johnson, called for the Territory, testified as follows: ] live in Charleston: have lived there about four months; am 8 miner; know de- fendant. Tbe evening Ol the occur renee l was with Mir. Precious and several others. Some one proposed going I'D the street, and as We got ID he street some one pulled 8 pistol and fired. BrOCious said don't G" that" but they fired several more shots. and defendant and l ran across the street. There was a terrible rush of people and Marshal White came up and demanded defendants pistol ; said he was an officer for him tC give up his gun. 1 was standing about ten feet away. and just then Wyatt Earp ran mast me, between me and the corner of the building, and as defendant was giving up lhe pistol. White ierked hold Of if and said, Sc You d-d son Of a b-h: give up that gun, and then the pistol went oil; am positive defendant dld not have the pistol in his hand untl. White demanded it and then he pulled il from his sca5bard; defendant Nc l Caulay and myself ran behind tnis building 10 keep away from the crowd ; we were afraid we would be arrested and ran behind to get out of the Way. Andrew McCauley-ca for Ter ritorv. sworn, testified as follows Live in Tombstone; have lived there two years; never met defendant uii | the night of this shooting occurrence I was on my way nome when l l stopped in Carrigans saloon and met | this marty and We took a drink or two together. and some one proposed go- 1 ipT m the street, and we all started out on the street; as we were gong | along some of the boys pulled their
 nist0ls and fired several shutsi 1 said io Johnson, lets get out ot th!s, and we ran across the street; l heard defendant make the remark, thl.
 won't do. bovs;" just before we started across the street we had lus' stopped behind this building when l Marshal White made his appearance
 I don't know which direction he came ! from or whether he was standing jhert
 when we arrived anyway, he sad Dc
 was an officer, and demanded delenD- ant's nistol: l was about 10 or b lec
 away: the defendant put hI- hand oe- hind him and commenced pulling tht nistol. and when il got cut enough SC ] Wbite could he grabbed hold oi It anC
 inst then Earp ran up and took hol,
 of defendant and White said, " Now
 then. you C. d. s- ot a 0---
 give that up," and jerSed IL and q
 went ofl and 1 skinned out ana wen | home. rT..
 ritorv, testified as follows; l am
 nracilcing physician; reside at Tomb
 slone: attended deceased White n-ior,
 he died: his death was occasioned b!
 neritonitis. caused by the gun-sho
 wound from the looks of the wound
 the pistol was held at an angle O
 about 45 degrees.
 Jacob Graber testified: l am gun
 smith; have examined the pistoi. II
 evidence; find 8 defect in il in this
 that Le pistol can be discharged , half-cOck. -...,,