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

kr Pe ~ Oa9S cOn
IN securing Ajzr. AZ oiesoek P. ~
ths psn<l uas completed and . rec
s.s taken u.l Z o'elosk- On the ~
aA<aklns Of Court ;hs trial began nth
tAk eAHSs Of NJ. B=z<sf, the Prosecut-
irs witness. 70 the <An5. ~bo :@daed
- foilous: I live in SI<Ing Valley.
White Pise eoznty. NeTSda- On tie
i1tk Gay Of Nay, Iss5. James o'Sii
e.1< 10 my boo~ AMI bO;d ne dat his
fAth<- rsiei ne to take car Ct ystaL-
boa a. the hOzse IA. ~Hzneyiss hiA I
aid an night" On the morning Of
tie IAk Of Msy-SAtariAy Morning
uy vie cane - sherI rAs plOrins
potatoes and told ne that sOD= one u.s
ArTins horss in tie direction Of
oSielis- IESdnd . kore Aai rode
orsr % O-Ss5's where I found or s
Of ny k0rs<s in o'Ssii's corral The
cd nan ONsn and the de.endazt vere
there- Tke Old nan came LDa tie
hOuse and sid. Il lave yo1r honses II
NJ oorr.l" IAd "rery sell / dat
intend 70 take them EEAy-" The old
naa SD. u hear yoa sad you we're
GfrAjd - u. yo=- cattle I'm o the nnse
for ferI zOald steL then" / SAIL
al did say 80" oTSel said- II slOS
no sOpCGz-b- to cal ne = thief"
In. boy, James oSel, cane from the
kOzss nth Henry nse-I Started to
Isave-O-Ndl called ne bsHk and sid
/ sl1 skoS; the sgn-of-@b-- Dick
OSsl, the SstendAni said, "DOn't
shoot the soaot-s-b- rOE. re sill get
him yea" Vim. orSel said. get o.;
Of the TEy and let him shoot the s0no.-
SD" Alter some further o0aysrsa-
ton o-Eeil aid ! egzlf take the horsss
on condition thztI roai take them up
10 Niger canyon. I SSH ALI nghi, /
viii take them up Sunday" 1 th=n
took the horses home SeIt morning /
took the horses up to the canyon and As
/ vAs passing through : IL place In
the e4nyOn / EAs SO; 4; the shots being
fred from behind 9 large rock where
there "a . pine tree. Ny horse vent
along a Little further and fell ] hard
q voice saying -+Te have go; the son-ot-&
b" and after I Lad 90; on my hOrse
sg1in, / s1S Old man oTSeil aud Dick
oSel, the defendant, each ~ith 3 gun
They kept firing at me and ] urged my
hors= seross a little rise in TIE ground
and escaped from sight 1 vas some
two Oh thrle hours getting home. ssI
turned dizzy and sick and had to stop
On the way. i; Is some ~ OF 3 miles
from the scene Of the shooting to nay
house. Ny wife and brother met me
before I got home. When / undressed
q bullet was found in my sock. After
being shot / recognized old man O'Sel
and his son Dick, the Defendant. On
o examination the witness testified
positively 10 the persons who did the
shooting, and also that the gun that
shOt him SAsA Henry rife. The wit
Mes exhibited his night arm showing
that b shot look effect in il about three
inches beloE the shoulder, and testified
that the bone was broken. He also
stated that be was whipping his horse
with his RICH, hand when the horse fell.
~ The croEs-eIanination witness tes-
tiled that he did not recognize the de-
PENDANTS features nor those Of old man
O'Geil ; that he knew the former by the
clothes he wore at the time, and reeog-
nized the elder orSeil by his grey beard.
Witness also testified in c-ross-eIamina-
ton that he had never seen Il. G. O'SeIl,
JE.. the defendant, wear such clothing
at any time previous. the suit as, he de-
schbed il, being Of brown canvass, his
head being covered by n broad-bnmed
white hat.
The testimony 81 Mr. Bassett closed
about 1870 O'Clock, when Court adj
journed until 0 O'Clock this morning.
This morning. Court did not convene
until 10 o'clock. The next witness put
upon the stand was u. z Dassett, a
brother Of the prosecuting witness, who
testified substantially as follows:
1 reside in Spring Valley. White Pine
County New. 1 resided there on the IS,
OF May 1889. Ny brother started after
reakfast to drive his horses TO Niger
anyion: when he came home he said he
my brother was bleeding badly, and his
right arm was broke: I first saw him
when within COO yards OF the house; he
was leading his horse the wound was n
gan shot wound; through the arm, one
hole above, and two on the inside; found
bullet in two pieces. lie told when and
by whom he was shot. I went 10 the
place three or four days after: | found
evidences Of persons having been at the
tree from whence my brother was shot:
there was a screen on each side OF the
tr-ei there were rocks and boughs ON
each side Of the tree. Hound some ex-
pioded shells Of riAe:9 shells and 3
cartridscsj found shells at several places;
l was there aftorward with Mr.. Baker
and Mr.. Cleveland, aud found NOR shells;
I went up and found evidences where
horses had been tied; followed n horses
tracks five or six miles until they went
into the road; followed other horses tracks
In another direction: Mr.. Keelan was
with me and calledmy attention TO an
unuiually round horse TRACK; followed
u in the direction Of o'Neil's houcc
until II was lost In the sod; I TOOK the
smells home and turned them