The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1884-02-03

non ban fuoc1nco- C1=e tkefe E0m
Arizona Was IA San Fran1seo hva
S<P<nb<r nn I cane to my bUOtA<r's
NJ bEp<her cane bone ahoa: IL O'Clock
after being sbo1. Three or Sozr days AZ
ter tae shooting I vent up 60 S<psnae
tsO hones which vers tad toseth<r
did nOz % 70 look Tor evid=noa Of the
shooting: found SOFAS shells under the
tire; newer nsssar-d any distances fro1
the Eze<a: jadge II Vas Is or 70 yards
from the sersn 70 The place where ny
brother was shot; foaod three cartridges
under The pine u--; found s Ahells at
The r-e. and three At Eno.hsr Pisee -
Mr. keslsr EAs with NE The diagram
has been made since I testified In July;
never vent up to ths place after ny hrs.
visit tai 1 vent up With Mr.. Baker, nv
brother AID Mr.. Cleveland: il mined on
the day The shooting occurred; don't
know -hetksr IL nined on any other
day after that I'll July; traced the tracks
Of my bEUth-rs borse over The ndge 10
the tail; tracked . kOn< from the scene
70 the shooting & or ) miles To the rosd
In PIsrmOut canyon: then vent back on
the uzl and Tracked another horse down
40 or 500 yards DOM to the meadow;
Ir. Ee-l2n hns found the place where
hoEs= hEi been ued; did not see the
roa1i track EkeEe the kcrscs bad been
tied: tracked tbs horse with the round
tz1s1:o Siihin2I mil=ot oS's- koase:
dolt think the hOrSe sAs shod- Witness
vz< asked Il be ksi been accused by de-
fsnasut Of being ors u the parties -ho
killed dsfsndants father; objected 70 by
prosecution; question argued by counsel
on both Sis and oJj-ctiOn oTsrraled;
Z question changed to Have you been
been charged by the brother Of defend
aot as being one Of tie Parties who killed
OSsl seEor:' stin objected 10. by
prosecution ~AnilsngThy aryuaeuisnS1sd
objection sustained again did this dfdi
50 uPoa the Sand AID swear that yOu
are Ole Of the parties -ho killed o|Seil
ssniozE Objected 10 by prosecution
Another lengthy Argument ruling With
held I'll alter lunch.
(wItnsss eoatiHasd) did not make
the charge against this deiendAn; ss
being guilty Of shooting my brother. I
was prevented from going 70 release the
hOrze by the condition Of NV brother;
my brother had told me that lie had
been attacked in the canyon. Ny
brother said the parties who E;t-ILed
him E-re concealed Broken pine
bOughs we're placed on each eide Of The
tree forming a kind of scr---. The
vas evidence that some one had leaned
over the screen as il 10 take rest. The
EcTeen on the other side Of the tree led
ne To believe there were two persons
there. Don't know what the shsIls were
made Of /; they we're a. eAHbre. There
we're n Indications to prove how long the
shells had been there. Never saw any
4 hunting up there ; never Raw anyone
there With a gan. Judge the cartridges
we're made either for a Henry or Win
chester rife. Never knew what kind Of
q rhe O'Neil used
L great many miscellaneous questions
we're asked and answered which elected
nothing further of impOrtsnce than What
has been reeored. Recess taken till one
O'Clock p. n.
Court re-eonvened at l O'Clock yester-
day and Nr. ". Z. Basseti resumed the
stand. The question under adyisement
by the Court was allowed and the wit
ness testified that the defendant did
swear that he the witness, was one Of
the parties who killed O'Seil senior.
Witness testified that he had enni.y
against the defendant and desired TO see
him sent TO the Penitsntiary; the reason
for such enmity is that the defendant at
tempted TO kill my brother. On redi
rect examination, witness said the pine
tree in question was a large tree with
many limbs oil each side; the boughs
we're placedin a position TO make a screen:
a nan might be seen behind the screen
by looking closely; followed the tracks
down the canyon trail some or G miles;
have an enmity against the defendant
but would 10 tell a falsehood against
him or any other man. Witness was
then excused and Nr. Keelan testified:
l reside in Spring Valley, w. p. Coun-
ty; have resided there about 10 years;
am familiar with Niger Canyon; was
there with n. Bassett in May last; went
with him 10 help unite horses that were
tied together; did not unite the horses;
went to the horses and came back 10
where some horses had been tied; have
travelled on the Indian trail frequently;
think ! oalled Bassetts attention to where
the horses were tied; Dassctt went on
and called out that he had found the
place where Bassett was shot; Bassett
picked up a shell aud 3 cartridges not
burst; ut the pine tree there was q kind
OF a screen made OF pine boughs; where
the horses were tied there was n round
horse track; thought / knew the track
because I had followed Il before; II was
unusually round; three weeks before the
shooting, odgers told INC he had seen the
o'Nei's diving q COW and calf; went 10
look for my COW; did not find her; Billy
o'Seil was riding the horse that made
the round track. Objected to by coun-
sci as irrelevant; objection overruled)
think the horse belonged 10 the O'Neil
family; WIN. 0'Neil was riding the horse