Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1884-08-07
Trial of Dave Mather.

The preliminary examination of Dave
Mather for the killing of Tom Nixon,
was concluded before Squire LyBrand
on Thursday. j. T. Whitelaw county
Attorney and II. E. dryden are for the
prosecution and Messrs Sutton, Haun
and Swan for the defense.
The following is partial report of
the evidence adduced on the part of the
prosecution, the defense offering no
testimony:
On the night of the 22d he was in the opera
house. l was there at the time Of the shooting of
Thomas Nixon did not see deceased when he wa,
shot. 1 saw his back. was about rods and 10
feet distant. WhenI first noticed him he was
standing talking, and heard his name called
Tom. looked around. He was standing leaning
against the east door looking into the right
against the north door. He had his left hand on
his hip-the right hand against the door, Here
he described his position as looking into the door
at the game; Immediately the report Of revol.
or ''Oh! am killed" I think he said I am killed.
He turned before the revolver fred. There
was nothing in either of his hands l could see.
Nixon fell Immediately the first fire, and there
were three shots in quick succession. He fell to
the ground before the last three shots were fired.
Tom Nixon neither drew attempted to draw
any weapons. When he fell he was out Of my
sight did not see the party who fred at the time
but did some time before.
Andrew Faulkner sworn:
was in Dodge City on the night of the 22d July.
east side Ct the saloon. I was at the
head Of the stairs Of the opera house the time
Tom Nixon was killed. did not see him till az
ter the Hrst shot was fired saw him a second or
two afterwards-dd not know who it was-but
found out afterwards it was Tom Nixon. He was
lying down when saw him at the east door of the
house. could not see the whole body. I only
saw one man around him that know-took him
to be Dave Mather He was four or FIVE feet from
Nixon-this defendant here was the man l took
him to be. When first saw him he was standing
with a revolver in HE hand pointed downwards,
and afterwards head three reports Of a revolver.
Mather, after the shooting, walked to the foot Ct
the stairs and came mp the steps. l recognized
in his right hand as he was going up the stairs.
There were four shots fired. walked right down
afterwards and looked at the dead man, and he
was Tom Nixon.
Cross examined:
Yes saw his body lying on the side walk. That
WAS after the first shot. The mans head lay upon
the door step. his feet out to the sidewalk saw
putting his hand on his Waste. l was standing
at the head of the stairs against the hanisters look
ing into the window. When first looked at the
body it had not been moved. lie was lying on his
right side, and back, his feet due east or little
north OF east.
Bat Masterson sworn:
was among tAe nrst 10 get 10 tue DOoy OF NIXON
after he was killed. l think was the first to
take hold Of him. He was lying on his side and
back, and had his feet to the northeast, his head
southwest, his left hand down by his left leg, his
Fight hand up. That was inst minute after the
last shot was fired. He had his revolver on him.
He was lying on it, 1t was partially drawn out.
He had no other weapons that saw.
An application for writ of habeas
corpus has been made before Judge
Strang, and will be heard in this city on
Monday. The defense will offer testi-
mony and probably some new features
in the evidence will be presented.