, 1888-07-19
A QUIET DAY.
Such Was the Fact in P~atterson's
Case Yesterday.
PattersOn's Evidence on the Former
Trial Read.
What Tin Hat Did Around Running
Water.

The district court convened yesterday
morning at 9 o'clock, Chief Justice Ma
ginnis presiding.
The taking of testimony in the Patter'
son murder case was resumed and contin'
ued through the day without any specia.
incidents to make it interesting.
B. H. Smalley was called as a witness
for the prosecution, and testified to the
facts incident to his "Trip to Great Falls,
Mont, where Patterson, the defendant,
was captured in the summer of 1887, and
afterward brought back tie Cheyenne.
The defendant at that time did not at
tempt to resist the arrest at all, but
claimed that he was not Patterson, and
said his name was James Wilbur. He
not only claimed this when arrested, but
persisted in so claiming after he had been
lodged in the county jail in this city.
Mrs. Funk was recalled as a witness for
the prosecution Yesterday forenoon and
testified in regard to some minor matters
that had not been mentioned during her
piSN CAdhiiLidblOh. DuC SNdlSu lhhl
her husband Tin Hat was about FIVE feet
nine inches in height.
Mr.. Bruce, who for a time owned and
run the hotel at ~Runningwater, testified
in regard to Tin Hat and how he conduct
ed himself around that little burg. He
was called Tin Hat by some and by others
was designated as the Gambler" and
occasionally some one would refer to him
as Tin Horn. He explained in regard to
his personal appearance, and stated that
he usually wore a straw hat around Run
ningwater, that looked very much like the
one produced in court, but he was not
able to say whether it was the same one
or not.
John Hogle, who bought the hotel or
boarding house, testified also in regard to
Tin Hat, and explained how he appeared
and conducted himself around Running
water. Though somewhat given to play
ing at games he noticed nothing very
peculiar about his conduct, and appeared
to be very peaceably inclined.
When asked regarding the age of Tin
Hat Mr.. Patterson objected on the ground
that the age of an individual could not be
proved in that way and that the witness
had not shown himselfto be an expert in
the matter of ages. The court however
overruled the objection, to which ruling
an exception was taken on the part of the
defense.
The witness then announced that the
deceased was about 30 years of age, so
far as he could judge.
The testimony given by the defendant
Patterson was then introduced and read
by the prosecution for the purpose Of es
tablishing the fact that the defendant
made certain admissions against himself
on the former trial.
In this evidence a statement was made
explaining how he (the DEFENDANT came
to make his escape from Officer Carroll
in the fall of 1885. He says the impulse
came upon him suddenly and that after
he had mounted a horse and rode to the
top of a hill near Rawhide Buttes he
looked back and saw them flying around
preparing to start out in pursuit. He
claimed that at that time he was on the
point of coming back and of proceeding to
Cheyenne for the purpose Of standing his
trial. The consideration which in his
mind led him to make his escape was
that while coming to Cheyenne in the fall
of 1888, and when but a few miles out he
was met by some parties who evidently
mistook him for Moshier for whom a num-
Der of special officers were seeking at that
time and who had killed a man neal Fort
Russell and left another for dead. Short
lY after he arrived in Chey-
enne Patterson learned that Moshier had
been captured and that he had been tax
en- out of Jail here by the vigilantes and
hung and he was shown a piece of the
rope with which the hanging had been
done. Patterson claimed that it was the
recollection of how Moshier had been
dealt with that induced him to make his
escape as he feared hat some violence
might happen to him ifhe had not done
so.
Some further testimony was taken, but
an interesting and important question
having arisen, court adjourned until 9
o'clock this morning when the question
will be thoroughly argued and consid-
cred.
Go to Kellner's and be convinced that
you have never bought goods so cheap as