Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-21


room. 1t was q circular counter, twelve
feet long. L was inside the counter
near the north end. Dickey stood neal
the east wall, and O'Brien near the coun
ter when the shot was fred.
Gross OBSERVATION-DISCLOSURES came in,
to the saloon first. Gain and Frick were
already there. No one else there when
O'Brien came in except myself. Cain
came in before O'Brien, who came in
alone. Dickey came in right after
OBrien. Callahan at the same time.
1t was about 6 O'Clock in the evening. |
don't know who spoke first. L heard
something about n book account. Cam
said he would pay. O'Brien told Dickey
to get the books. Dickey said he would
get the books when he started out.
That was all be said ut that time.
Callahan was at the north end of the
counter, Friok was in front of the bar,
and Gain was near him, Dickey was
gone about ten minutes after the books.
O'Brien asked Diokey if he had the
books. Dickey said no., he could not
find them. Dickey stood near the north
east corner of the room about five feet
from O'Brien. WhenD d hickey came back he
said O'Brien was foolish, O'Brien said
something, [ don't remember what; it
was about the books, Dickey said
something to Gain, l don't remember
what it was. l stood facing both, but
did not take much interest in the CON
versatlon, O'BrIen stood near the curve
of the counter. He stepped toward
Dickey. [ think Dickey started toward
OBrien. | did not see the revolver un-
til TIE shot was fred. l. saw Dickey
reach behind HIM. They had some
words. Dickey said O'Brien was fooIish.
Dioksy wss fge or six feet from U'Brien
when the shot was fired, 1 was west of
Dickey. O'Brien was east of the door.
There was nothing else said to Cain by
O'Brien.
Redirect Ecamtmatton-Dickey was
near the centre of tho room when he
pulled the revolver.
JAMES CAIN
being duly sworn testified as follows:
l reside in Yankton county. L Was in
the city on the 22nd of August, 1855. l
saw Dickey and O'Brien in the Ger
mania house on that day. [ talked to
fhem about an account | owed them,
O'Brien asked mt for 1t. l told HIM |
would pay it. Frick and 1 went ont and
over to Balmat's saloon O'Brlen
IN after us, then Dickey.
Callahan came in directly afterwards.
O'Brien asked me if L was going to pay
the debt. L told him yes, that he should
get the books. O'Brien told Dickey to
get the booke. Dickey went and came
back without the books. O'BrIen said
to Dickey, "Get the books or l will close
you up on Monday morning" Dickey
said O'Brlen was talking foolish. Dickey
pulled his revolver then aud shot
O'Brien, There was no moro talk.
Gross EraminatGon-O'Brien spoke 10
me first about the account. Callahan
went with me first to the Germania
house. Dickey was there. O'Brien came
in while we were there. There was no
talk before O'Brien asked me for the
money. When Dickey came into Bal
mats he went up to the bar. O'Brien ask
ed Dlckey where the books were. Dickey
he did not know. O'Brien stepped
toward Dickey before the revolver was
drawn. Dickey stepped back, O'Brien
was moving toward Dickey. There was
about ten minutes between the talk and
the shot. Dickey was about four feet
east of me. He moved IN d half circle.
O'Brien was about four feet from
Dickey when the shot was fired. Bal
mat was behind the bar, at the north
end. Callahan was near the north end,
on the outside. l knew O'Brlen for
about eighteen months, l met Dlckey
last spring. ] don't remember apy
other talk at Germania house.
DIR. LINK,
being duly sworn, testified as follows: I
am a resident of Yankton. [ have lived
here over a year. Am e practiciDg ply
sician of seven years experience. | was
called to attend q %coroner's inquest in
August last. ] frat saw O'Brien's body
at the residence. l examined the wound
and found that the ball passed through
the breast bone near the upper left hand
corner. consider that wound to be
fatal in any case, considering the course
taken by the ball.
At four o'clock D. M. the court ad.
lourned to nine o'clock Thursday morn
ing.
Thursdays Testimony.
DR.. TURKoPP,
being duly sworn, testified as follows:
l am a resident of Yankton. Am
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