Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-11-11

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Iieve that he was then in the act Of draw
ing a pistol. The reason l could not see
his hand was because his body prevented.
AT the time / saw him raise his elbow he
might have had a gun in his hand, and
might have been raising his hand for the
purpose of shooting. l don't know
whether he was or not. l couldn't say.
At this time l think there had been but
one shot fired.
CHARLES GRAHAM's TESTIMONY
Was acquainted with Anderson. Am
acquainted with Reek, the defendant. l
was in the Empire Saloon when the shoot
ing occurred. All the shots were fred be-
fore 1 got to the door. l saw Reek step
on to the sidewalk on the opposite side of
the street and Anderson following, and
when l got to him he had a pistol in his
hand. l saw nothing of the shooting. l
asked Anderson for the pistol and he gave
it to me. There were two shots out of it.
THOMAS DALE's TESTIMONY.
Was present at q shooting scrape that
occurred between James Z. Anderson and
the defendant. / was standing on the
sidewalk talking with Mr.. Tregallis when
Mr.. Reek stopped and spoke to both of
us. Mr.. Tregallis left as soon as Reek
came along, and went down the street.
Reek entered into a conversation with
me. He wanted to know how things
were looking. A druaken man inter-
rupted our conversation at that time.
We moved down the street a few feet to
get out of the way. l was standing on
the edge of the sidewalk, with by back
towards the street. Mr.. Reek was stand
ing just in front or a little to the left
hatow Tn Dur conversation Mr. Rpnk
made the remark, "Here comes Ander-
son." or something to that effect. l had
no time to consider anything after he had
made that remark. 1 was looking at
Mr.. Reek at that time. He appeared to
be looking out into the street. Shortly
after I heard q pistol shot. The shot
was from behind me. l did not see who
fired the shot. 1 thought it struck me
in the back. Reek, at the time of the
report of the pistol, had his hands in his
coat pockets. AS soon as the shot went
he jumped right in front Of me and
grabbed me around the neck or around
the shoulder, it was done so quick. He
grabbed me SO quick l could not see
whether he held a pistol in his hand
or not. At the moment he grabbed me
several shots were fred in rapid success
sion over my left shoulder. l begged of
him to let me go, but he refused to do it
until l broke loose from him myself.
After getting loose, [ ran in onto the
sidewalk. l imagined I was riddled with
bullets. l started to examine my cloth
ing, to see if I could see any marks, any
blood or anything. I looked up the
street and l happened to see Mr.. Reek in
the act OF jumping onto the sidewalk. 1
also saw Anderson fire his pistol just at
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self l was not shot l ran up the street
Anderson was wounded. / heard the re-
mark passed that Anderson was hit. l
saw him packed into Schnoider's drug
store. I ran home. That is all l know
about it.
Cross-examined-I Am positive that the
first shot that was fired was not fired by
Reek. If it had been 1 would not have
been there.
t s~CHATZLEIN's TESTIMONY.
Was acquainted with James Z. Ander-
son, and know the defendant, Reek. 1
did not see anything of the shooting that
occurred between Anderson and defend
ant on or about the Sd day of this
month. On Friday, the Sd, a little after
4 o'clock, I was sitting in the chair and
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Reek turning the corner of Bateman and
Main streets, crossing over to the east
side of Main street. One of my men
asked me if that was Reek, and / said
yes. About five minutes later Anderson
made his appearance at the Oriental. He
stopped about two feet from the corner
of the building. He looked in all direc-
tons, up and down and across the street.
Then he went to the edge of the side
walk, stopped an instant and turned,
looked into the Oriental Saloon; then he
looked into Phil. Harris cigar store;
then he started to walk down the street.
He stopped at the entrance of Johannes
boot store, and then turned to cross the
street in the direction of the Bank Ex-
change. When he was about two-thirds
crossed over he looked up and crossed over
to the Parker House. Mr.. Foley was
standing at the steps in front Of the Par
ker House. AS Anderson came up Foley
stepped out four or Ave steps into the
street, int they had a conversation of
about a minute and a half. When Ander-
son left Foley he went down the street,
pretty much in the center thereof. As he
vent down the street / got up from my
chair and went out on the sidewalk. l
vent put to the sidewalk to see which way
he was going. lexpected some difficulty,
and went out to see if there would be
trouble. Anderson, from his actions,
seemed to be a little excited. When An
derson, as nearly as I can Judge, got op-
posite the Empire Saloon, he turned to the
right or to the east. After he made about
five or six steps east, he stopped an in
slant and ran his hand inside of his coat
and drew out what l supposed to be a
"gun" from the looks of it, and also from
his actions, pointing it with his arm. He
stepped forward and passed out of my
sight. As he stepped away he stepped bs-
hind a stage, and ] could not see him any
more. just AZ ne passed behind the stage
/ heard the first shot. Then shortly after
wards there was another. Then there was
more shooting. Icouldn't see the shoot
ing, but saw the smoke. There were six
shots positively, and ] think there were
seven.
W. 8. Boards TESTIMONY,
Was acquainted with James L. Ander-
son, and know defendant we'll. I wit
messed a portion of the difficulty between
Anderson and defendant. Was leaning
against the counter in Joe Mendes' saloon
with my back, looking toward the street.
Saw Anderson coming d~iagonally across
the street. Being SO we'll acquainted with
Anderson, I was attracted by the very un-
usual manner he was acting and the Gu
rious expression on his face. 1t was a Pc
culiar expression. could not describe il
exactly. / jumped to the front door OF
window, and said: "What is the matter
with Jim ?" Just then Jim pulled some
thing from somewhere round his breast
and leveled it toward CLAY Simm's saloon.
I immediately heard Il report, and saw
smoke come from the object he held in
his hand. There was g very short inter
val then, during which Anderson MRS dan
cling around there. when another report
oanne from tho other direction. I thel
jumped behind the casing Of the door tt
get away. 1t was bang, bang, bang there
for Il short time. Two OF threo shots wer,
fired. OF course ! could not see. Thu
next thing / saw was Rock running up TIT
street and Anderson following him. WheI
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