The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1884-01-11

taking up the mallef and what he said when
! he opened the door he said he would club
J me out; did not testify that he was at the
desk when he sid he would club me out
and then went TO door; he did not pick up
the males until afer liz opened the door !:
ne had nc; SAID be would put me out before
that that evening he was reading proof
that evening; said he had no time to talk !:
did not want him to bit me with the NAL
let vas the reason | held up the pistol
cooked the pistol when he jumped up
never had any trouble about pistols before :;
never drew a pistol on anybody before
took the pistol along because lid not know
but he might make some assault that it
would be necessary for me to defend myself;
he had made threats he said Friday he
would pitch me down stairs, and that il was
dangerous for me to be around | cared
about the ST., but not SO much about that as
to get settlements get things settled up
about The paper; one issue of paper was
out, &c; had something to do with
papers which are now living, &C. occa-
sionally contributed to Puck, Judge, SO; the
| next issue of this paper was to come out q
few days before the 10Th of this month
some of the type had been set up; there was
no original matter to be set up until inside
of paper was ready; | don't remember that
K said on Friday to me to GO out before
he said he would pitch me OUT il he
did did not hear it this cut was put in
with things billed to X ; Mr.. K constituted
Co.. it was billed to Co; did not tell them
to bill it to him | told them / would pay
| for it; told was going to get it it was |
to be So; l told him if I took hold of |
the paper l wanted it understood that was |
to stay right along and not have some one |
else put on after got it started, &c; did |
not intend to have the pistol go off at the |
time fred it; it went off | suppose because |
put my finger on it and pressed on harder |
than | Intended to | am not sure whether |
asked maloneY or not what was best TO do |
did not say anything to Maloney in that con-
Versatlon about having pistol l was will |
ing to get it fixed up in most any way was
willing to work cheaper in order to get it |
fixed up.
Re-examiued: l have seen this (showing |
letter to witness) it is the other part of the |
letter marked exhibit c.; have found it. |
offered in evidence
VIM. Barber, called and sworn for defend. |
ant, testified as follows: live in Kenosha
| was so the Both day of last month; have
been in the habit of using firearms; have
been IN the habit of shooting q rife, more or
less, for 80 years; did not hear Mr. Kill
leen's testimony about bullet mark know
where his Office is went in there yester-
day with you &c. Quarles) my attention
was called to mark about 10 inches east of |
the door, and about inches above the case
In my dgment that mark was not made by
bullet.
Cross-eXamined did not think il was
big enough for bullet mark I said at the
time that l thought bullet would make q
mark or indentation times as big as that
was; | saw the pistol here did not examine
it !; | said if that was bullet mark, there
would be mark Of lead on the plaster; don't
know how that would be, never tried it to
know should think there would be; don't
know whether could tell from the looks of
it or not whether it had been recently shot
off Qooks at it) don't see any thing about
it that indicates whether it has or not.
Re examined. This is o 80 calibre,
should say the number of calibre indicates
size and weight of ball this is % calibre
Cooking at another pistol shown him.
Cross-examined. 1 should think 80
calibre would make larger indentation in
wall than %.
Ed Hugunin, sworn for defendant, said
live in this city am acquainted with COM
planning witness, K +; am 33 years old I
have been in the habit of handling fire. arms
(pistol shown him) / should think this is
81 calibre; I should judge 81 is about
as large again as % calibre Qooks at the
pistol) should say this is about % calibre
| was in Mr.. KS Office yesterday and made
experiment with a revolver of Mr.. KS; he
went down to desk and got the revolver it
was % he asked me to fire it and see what
mark 1t would make in the wall, and de-
sired TO see what effect it would have; l
fired this one about six inches from other
mark; the bullet made just such mark as
should suppose bullet of that size driven
by that amount of powder would make;
should suppose it made mark nearly an
inch across, and penetrated into and pulver-
ized the brick the other mark was smaller
the hole that was made by the bullet that
fired was nearly an inch, about 5ths Of an
inch, and the other was about ! Of an
inch.
Cross examined: | did at first consider or
did not know but that the first mark was a
bullet mark, but I am satisfied it is not-was t
not made by bullet fired from pistol; never
saw pistol so small as to make such mark
the effect would be greater if fired directly
shot squsrely at the wall should suppose
from testimony that defendant fred at an
angle of 45 degrees from horizontal line.
Re-examined Have bought and used a
good many cartridges; I have in buying
found blank cartridges-not often though.
Cross-examined have searched careful
lY in the Office for bullet, but have not been
able to find it not, however, since defend
ant testified he held pistol to left or west Of
Killeen; have not got that bullet found
saw it last in possession of one of Mr.. KS
boys-his devil.
James Cronk, sworn for defendant, said:
live in the city of Kenosha nave been
acquainted with complaining witness q short
time I saw defendant in custody Saturday
evening after he was in custody | heard
complaining witness call for a revolver and
say if he could get a revolver he would blow
the - Is braius out.
Cross examined : | saw others ON the
sidewalk don't remember who they were
did not notice there was quite a crowd
did not pay attention to who was there
the defendant was in Sheriff's custody, GO
Ing along the street
VIM. Burns, called and sworn for defend
ant: | live in this city here; am acquainted
with John A. Killeen I saw him Saturday
night and saw defendant Saturday night, too
he was with Mr.. Baker I saw defendant
arrested this was just before he was arrest.
ed Mr.. Baker asked him what he fired for,
and he said Mr.. Killeen was going to hit him
with q mallet and he fred.
Matte Hargis recalled by defendant l
testified that had been working in Mr..
Killeen's office; my attention has been
called to mark about 10 inches east of door
and inches above case | saw that mark
be ore Saturday last
Cross examined Don't remember when I
saw it saw it every time came in don't
know how long ago | Il st saw it it has
been there during this srmmer; ] have not
examined it specially since this matter came
up don't know any thing about marks; it
looks as it always did don't know as I
could tell if it was fresh mark or not from
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