Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-10-10
RE-pIREcr -. -.


/ stepped back, ans Sims stood still. Be-
tween this threat aud the shot was
very short time. but cannot say just how
long. 1 do not think Sims let loose of
his revolver from the first time he took
hold Of it until after The shot.
JOHN X. wICKHIzEH
was then placed upon the stand and he
testified as follows:
have lived miles east of Logan
since the 18th of last May. am slight
~ acquainted wi the defendant, and
have just met Dodge, merely. INas
in Logan on the 9th of last July and
saw Dodge and Sims there. 1 saw Sims
draw a revolver and shoot Dodge. Il
was in front Of the billiard hall Sims
stood on one side OF the sidewalk and
Dodge on the other, when Sims drew q
revolver and shot. he first saw Sims
was just about the time be shot; but
had an introduction 70 the deceased
about hours before. I did not see them
much before the shooting Something
drew my attention, I looked, and the
defendant shot. They were about the
width Of the sidewalk apart. I heard
no language pass between them. Isw
The defendant draw 8 revolver and fire.
and saw that the deceased was struck
with the bullet. / did not see the de-
c. ased make any demonstration toward
the defendant.
Cross EXAMINATION.
The sidewalk is about or 3 feet wide. /
They we're from TO 6 feet apart. The
deceased stood north and the defendant
south. The shooting occurred on the
north side of the street. It was only
about / or 2 seconds from the drawing
of the revolver to the shooting - at least
a very short time. The defendant had
his revolver in the side pocket OF his
pants. 4 could not say what happened /
before that time, as / was not looking
until the revolver was d. avn. I was
little west bat they were nearly in
front Of me. Ny team was hitched in
front Of the billiard hail and drug store. !
There IS q well 10 or - feet southeast Of /
that. 1 cannot locate The well exactly,
Lut it was east OF my team. 4 be hitch
ing post is about 3 feet from the curb !
stone. / was 10 or Is feet from the de-
ceased and the defendant when the /
shooting was done. and they we're a lit
tie east and north Of me. think OTIS /
bakery is just west 81 the billiard hail. /
1 believe they passed in front of The /
billiard hall. think the deceased stUOd /
close to the billiard hall near the east /
line Of the building. The front Of the
billiard hail is about 20 feet wide. I /
could not have teen more than 10 or Is /
Ieet from them. was not excited un-
I'll after the shot was fired / was
then sLme excited and wanted tie de-
iendant arrested. remember that /
was close TO him and that he drew a re-
vOlver and shot.
RE-LIR1CT EXAMINATION.
I know the defendant when see
him. (Here the witness unidentified the
prisOner) " hen the deceased was
shot he just barely slaughtered up and
faced The defendant. Is appeared he
had been talking with another man.
J. s. LOHMEs
was then called and testified as follows;
have lived in IOwaLda township,
this cuuntys since last July. 1 am slight
1y acquainted " tn the defendant.
Ere; saw him about the 18th or 20lh Of
last July. was also slightly Gcguaint-
I'd with lie dtcebstds frat met him
about lie 18Th of last July. saw the
defendant and the deceased in Logan
on the 9th day OF last July. / was
talking with the defendant that day at
the door OF the billiard hall. saw the
deceased come out Of the drug store
and saunter back and forth from the
drug store 3 or 4 times. Finally The
deceased walked past rs and turned
around and faced the defendant and
they gazed at each other 5 or 6 seconds.
Defendant then walked toward the
drug store and deceased walked be,ide
him. Near the pump the defendant
jumped IF the sidewalk, drew a re-
volger and said, s'KeeP away or / win
shoot YOU" The deceased stepped
back a little and the defendant Tut the
revolver in his pocket. The deceased
then took 3 step or two toward the de.
fendant, when the defendant agaln
drew his revolver and shot. That is
the way saw it. would judge that
the revolver was within one feet Of the
daseased's person when discharged.
This transaction VS. "a logan. Phillips
County kansas, On the z7th dey Of
.Tuls-. 1885. ~ aBDnt 3 or 6 o-ele.sfr 81