Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1885-03-11
DOC" BENT0n'S BULLET.


The preliminary examination 0
James Benton, charged with an as
sault to kill Timothy Duffy, on tn
10th Of last January, was held yes
terday before Justice Gaige. Hon
William Woodburn appeared Al
counsel for the defendant.
James Duffy. the complaining
witness, testified as follows
Have been a miner fourteen
years knew the defendant three
or four years. Took supper with
him the night before the shooting
at his own house. Have always
been friendly with him. The stable
man invited me to stay all night at
the house, later on the evening,
saying he had a good bed. We
went into the front door of the
stable and found the bed. I was
to sleep in at the left; Benton was
on the bed. The stable man asked
who was there and Benton replied !:
l think l am. The stable man
asked me to take spin around and
he would be out when | came back.
I said no, / would get Benton out
Of the bed, so I went on through
into the kitchen and knocked on
the right hand door, and calling
young Benton up told him that his
father was in the stable. He came
to the door and | told him that it
did not look right to have his father
sleeping in the stable. was lean
ing against the wall and he stood
in the door with a lamp. The first
thing l knew I was shot in the left
side. He then beat me with the
gun, and l tried to get it away but
could not. If I could have got it
I would have shot him. | then
took him by the left arm and we
walked out into the stable and I
asked him what he meant by doing
that We both had hold of the
pistol and he replied: Oh Jesus!
is it Duffy I have here 2 At that
time We were out in the front part
of stable, and he then asked me to
go into the Office. I said you
might as we'll kill me here, and I
gave him a push and said you
dirty murderer. Then I went out
side of the door and fell. I saw no
one but Benton, the stable man
and Jimmy Benton. After | came
to the front door Benton said my
God! Duffy, is it you I shot! Ben
ton was two or three feet from his
son Jimmy.
CROSS EXAMINED.
1t was January 10th, but I
can't exactly tell what time in the
It may have been two or
three o'clock. Had been drinking
but could walk without staggering.
Might have had four or FIVE drinks.
Don't reccollect making a state
ment in the Sheriff's Office. I did
not hear Benton say he would
make another bed for me, I would
say l heard it if I did. He did
not say it. Was in Benton's house
FOUR times prior to the shooting,
about a year ago was the first ;
he made me acquainted with Mrs.
Benton. Cant tell whether the
noon was shining or not Never
Knew where Mrs. Benton and fam
ly slept. l slept one night in the
,ffice, but never in the house. /
lid not proclaim my name, because
saw no one. Did not see dog
n the hall or hear any dog bark.
Heard no dog and had nc necessity
o damn HIM. I raped on the
wall, and when Jimmy
,ame out he was partly dressed.
Did not hear any woman scream.
Did net call Mrs. Benton any
names. Did not see Benton shoot,
Tut felt the shot. Did not have
my struggle with him before [ was
hot. Did not know was in the
sheriff's Office until l was told of it
We days after. Recess until l
,'clock.
AFTER RECESS.
Woodburn who acted ~ attorney
or Benton, asked Duffey what he
lad said to Brady and Farrell re-
IL \