Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-06-30

Boyes and Ed Baker worked with him;
and my brother also worked on the ditch
have worked on the ditch three seasons
we remain at Battle Mountain general.
during the Winter season; / was on tn
ranch nearly all last Winter; we raiseC
some few crops on the land; never hat
enough water; plenty Of water this year
we were putting in a crop this Spring
(Hereupon followed q long description, b.
the assistance OF the chart, of where worl
wal being done by the Altenburg family
last SPRING. On the morning of April 2t
my brother, father and l went to the field
we took the gun to the field every day fol
the purpose of killing rabbits; on the 25tf
OF April the gun was taken to the field al
usual, and seeing q kangaroo rabbit father
snapped at it; after the gun was re
loaded it was not shot again, and / took il
back to the corral: the gun was not fired
from the time l loaded it until Sunday
afternoon. Sunday afternoon my brother
and l went to the field; father stopped al
theh house to cook some beans; father said
he would be out in o few minutes; he had
about Is minutes work to do; was out in
the field half a n hour before my attention
was directed to the house; / heard an
alarm given by some one; when / got
there l saw my father wounded; l asked
father what was the matter; he said
THAT man Boyes shot me-" Rose said
that Boyes had shot him, and then
went to Beowswe. Rose said, "Let Us
carry him into the house," father told my
brother Adam TO go to Beowawe and tele-
graph for a doctor; Mr.. Rose said that
Mr.. Boyes would telegraph all that was neo.
essary; that was after Boyes had gone;
father said, "Let one OF the Rose boys
go, and il they don't want to go we will
all co." Nather said, "I have q terrible
pain in my side and am dying" the shot
gun was lying about four or five feet from
his head. (The shotgun was produced
and recognized by the witness.) Father
said, "Boys 60 and get the gun lest some
one will snap it on YOU" 1 took the gun
to where the Rose boys we're;
this was after father was taken in
the house; after father was in the
house, Mr.. Rose asked father if he wanted
to 60 to Beowawe, and he said, Yes
but he afterwards said he did not believe
he would live to get there; father said, al
did not see Boyes until he fired his shot"
and then when he turned to run Boyes
fired again. Counsel for the defendant
claimed the testimony was inadmissible.
inasmuch as il was the dying mans decla-
ration.) We prepared to go 10 Beowawe,
by throwing a couple of armsful Of hay in
the wagon, then spread the blankets on
the hay, and then hitched up the horses;
then Mr.. Rose and the boys put father in
the wagon, and we all started for Beowawe;
father, before we had gone q half or three
quarters Of q mile, groaned, and
said he was dying. and could not live
until he got to Beowawe; he told me to
tell mother to bury him with the children;
we had gone towards Beowawe about two
and a half miles when he died; on the
way to Beowawe we met Boyes and Beck
going back on horseback to the ranch;
Boyes had his rife in his left hand; after
father was taken into Roses house / and
the Rose boys examined the gun and found
it loaded; no busted cap was on the gun
when l picked it up; caps, shot, powder,
etc., were in the field; I do not know OF
there being any caps at the house; Adam
saw the gun after the Rose boys had
looked at it; when I worked on the ranch
last Summer l boarded for a while with
Rose in a building down on the river; the
Rose house was in the most part bull
after Boyes' arrival; father, Adam and ]
cooked and ate for a while in Roses house,
until about three weeks before the shoot
ing; after that we lived in a small build
ing at the corner Of the large corral.
Cross examination-I testified as far as
1 knew before the Coroner's jury; my evil
dence was read over to me before l signed
it. Here several statements were read
from the witness testimony as taken be
fore the Coroner, which he denied having
made.) l was one-fourth or q half mile
from the shooting when it occurred; l die
no. hear the shot; l saw Mr.. Rose waving
his hat, and heard some n boiler, bul
don't know who it was that hollered; thu
first words father said to me was, "Tha'
man shot me;'' l suppose it was
Boyes; He did not say it wai
Boyes; after I had called in from
the field the Rose boys, they asked where
Boyes was, and / told them he had gone tt
Beowswe; when father said "Get the CUR
or some one will SNAP a cap on you," he
also remarked that he had carried the CUR
to kill rabbits with; father had two revolv
ers, but l don't know where they we're a.
that time; Rose did not say to me tina
father had snapped a cap at Boyes; the
bullets, shot, caps, etc., were all down in
the field; don't know whether father had
sny caps or not; father had carried tn,
gun some three months about the ranch
my brother carried q six-shooter; saw
father carry a revolver once; this was
month previous to the shooting; father
carried the gun to kill rabbits; father hat
been on the ranch off and on since Octo
Der last; he generally kept the gun will
him when at work; most of the rabbits W,
killed we fed to Mr.. Boyes' dog; WI ate
few of the rabbits ourselves; u object il
killing the rabbits was to get rid of then
on the place; father always carried tn
shotgun.
Albert G.. Rose, being duly sworn, said
I reside at Beowawe; l know where Mr.
Altenburg's, Roses and Boyes' places are
I have a ranch adjoining Altenburg's; am
no relation of the Altenburgs; IN no re
lation of " Old Man " Rose; 1 knew Alien
burg; have known Mr.. Boyes since las
Fall; on the 26th of April I!saw AltenburI
pass close along by the ditch; shortly after
wards I heard o report of a gun, then
second shot; I saw smoke following the re
ports, and it was near where AltenburI
was at the time; I could see from where
was only the roof Of the Rose house; whel
William Altenburg came and told me wha
was done / went to where Altenburg lay ,ant
I helped to pack him into Roses house