, 1888-07-21
TRUMBLE CALLED.
Under Sentence of Death He
Appears in Court.
His Evidence, However, Was Held
Not Competent.
A Lively Little Episode---The
Evidence Yesterday.

district court Yesterday, and continued
throughout the day, with frequent inter
ruptions for the purpose Of considering
law points which arose from time to
time.
Several witnesses were examined yes
terday, and their testimony, as N the
preceding day, wa mainly confined to the
sayings and doings of Patterson and Tin
Hat around Runningwater. A witness
named Green gave considerable testimony
on these matters, and described how he
had seen the two men there and had no
ticed Tin Hat from the fact that he wore
the only straw hat he noticed among the
miners and others in the place. He had
seen TIN Hat playing cards once at least
with Patterson, but noticed nothing pecu-
liar about the fact. This was prior to the
LIST of July, 1884, and the witness testi-
fed to some matters which occurred on
that day.
John Mckenzie, who now resides in
Nebraska, was called and testified on the
part of the prosecution. He related some
facts regarding Tin Hat and Patterson as
noticed by him around R~unningwater, but
did not swear that he saw the two playing
cards together the night before Tin Hat
left that place. lie was in his place of
business general merchandise, in connec-
ton with a %saloon) but could not say that
anyone played cards that night. He tes-
tilted also to being out to Rawhide Buttes
on the 30th day of June, and when COM
ing back fell in with Patterson, who rode
into the highway as though coming from
Rawhide or some other point, and stated
that he apparently came into the road on
some trail to the left of the road.
On the cross examination Of this witness
by Mr.. Patterson, one or two exciting lit
tie episodes occurred. Mr.. Patterson
questioned him very closely in regard to
certain answers to questions put to him on
the former trial, the purpose being to see
whether his answers then were the same
as he was giving yesterday. One of these
questions which related to the road be-
tween Runningwater and Rawhide Buttes
was not, in the opinion of Mr.. Patterson,
answered in the way it should have been,
whereupon the attorney who was on his
feet while questioning him, walked up to
the witness and said with some warmth;
why is it. Mr.. Mckenzie, that you don't
want to answer these questions? Is it be-
cause the jury disagreed the last time and
you now want to make the case stronger
against the defendant"
This enraged Mckenzie who arose from
his chair and exclaimed: 81 want you to
understand, Mr.. Patterson, that | didn't
come here to swear away the life Of any
man and l don't want you to accuse me
of it. / am here to tell what l know"
Mr.. Stoll here sprang to his feet and
exclaimed: IF the court please, | want
to know whether respectable citizens of
this county are going TO be bulIdOzed by
Tom Patterson. | want"
Never mind, Mr.. Stoll, never mind, l
will attend to the bulldozing, said Judge
Maginnis quickly i~nterposing, as he di
rected the sheriff to restore order at once.
By this time however Mr.. Patterson
and the witness were in a more tractable
mood, and although the court officers
were ready to enforce the authority ofthe
court there was no necessity for interior
ence and the excitement subsided-Mr.
Patterson continuing his examination of
the witness until he was satisfied.
VIM. Cheesman and others were re-
called and gave additional testimony,
In the afternoon John Mcdonald, who
also testified in the former case, was called
and testified for the prosecution. The
witness was 60 years of age and said his
eyesight was quite poor. He knew moth
ing about Patterson and could not say
that he ever saw him at Runningwater.
He saw Tin Hat, however, and his atten-
ton was called to him from the fact that
he wore a straw hat with a very high
crown. He saw Tin Hat on horseback
and someone with him who carried a
small white bundle passing along on the
LIST Of July, but could not positively say
that it was either Tin Hat or the defend
ant.
The next witness called was Charles V.
Trumble, now under sentence of death,
having been arrested for the murder of
Charles Miley at Lusk, which occurred
nearly two years ago.
Mr.. Patterson at once interposed an
objection to the swearing of Trumble as a
witness and called for the production OF
the record showing that he had been SEN
fenced to be hanged for the crime of muir
der in the first degree. Mr.. Stoll con
tended that as the sentence had been
stayed while Trumble's case is pending in
the supreme court, the disability was re-
moved and the witness competent.
The court held, however, that Trumble
having been convicted of what is termed
under the common law an infamous crime
he was disqualified from giving his evil