Daily independent. [volume] (Elko, Nev.) 188?-1915, 1890-05-27
MISTAKES OF WITNESSES.

tho whole available forcc Of tho cstab-
lishEcnt was occupied receiving g largo
consignment of goods and tho sidewalk
was bloc1adcd with sacks of wheat,
flour, etc., when thrcc or four rlcn, who
evidently had boon taking Of lunch
with "soEothing on tho Sidc," camo
along.
why don't you keep the sidewalk
clear SO that people can pass?" dorand-
ed one, in an aggressive style.
Being somewhat inclined to tho COM
bativc, 1 answered.: "Thcro is room
enough for q sober man to pass" His
response was blow with his fist which
no instantly followed by attempting to
scizc mo by tho throat.
This proceeding on his part was
mistake. Twas something of an athletic
in that epoch, and in an affoir of tho
trough and tunblo'' style was not al
together out of my clement. In about
fifteen seconds after hostilities opened
VIC, tho billlgerants, wcro in tho middle
of tho street, according to subsequent
report of many spectators, my advcr-
sary flat on his back and 1 boating tho
devils tattoo on his head. The inter-
cstlng performance and largo and en-
thusiastic audience drow tho attention
of deputy marshal Of police, who put
both corbatants under arrest and sct
out with two prisoners, forming his
right and loft wings, in tho direction of
Recorder MacGrcw's court, in tho next
square. When %o camo to tho mouth
of an alley my assailart broke away
from tho oGlcor and fed through tho
ALLOW will, uo1oritr
Tho marohal, q bright young man
named Avolino, from La Porto, Ind,
discovered that tho narlo of my assail-
ant was Smith. Tho next morning he
camo to my place Of business and said:
Two havo cot tho follow who attacked
you. and all Your mon that saw tho
affair will appear in tho courtroom at
ton o'clock to give testimony"
Tho court sentenced Smith, or Lee to
pay tino OF $50 and 10 DO confined in
tho prison briG-our jail Gro days.
About six months af1crward stranger
carlc into my Gtore-housc and said to
me: "Ilow arc you, Mr. Drainard?" I
informed hia that ! WAC in 10y usual
state OF physical vigor. My nar1c 10
Smith" no went on saying, end havo
como to apologize for making IN assault
on you solno tiElc ago, il front of your
place | had been with Gor2c friends
taking in cargo Of solids and liquids,
and | aC1 sorry that mado fool of
myself"
''That'g I'll right, Mr.. Smith," said.
g, Ocliovo l settled tho cccount on tho
rpot, end tho court also Eavo you O.
pretty GtroIg dose"
Ilo looked surprised. "Tho court?"
no said, i2quirinGiy, "Why, ran away
from tho raar6hal when 10 wa3 taking
us to tho court. ] GOT my hair and
wEi3l:ori CIT OF and lof1 town tho Gar1o
evening ca 4 boat up tho river. Since
thcn hGvc boon living st Colu&a, and
Yesterday Wa3 my first appearance il
Sacramento after that GorlcWhaG hurried
departure"
1t was now ny turn to DO a5toniGhcI.
cro33-cXaIli2ol him on tho l1aGtor of
tho com Lat and bccaylo perfectly con-
VlnCcd that ho Wa3 ny H.r0rGcry in
th&t affair and that no wa3 rot tao nan
whom tho positive tc3til1ony Of my
self aid tHroo other cyc-witnc3sc8 Of
tho bt;ttlc had co1victC! C-!l caused to
DO punished. put r1yGclf ot onco to
discover tho coluticn OF This rlyStory.
found tho man Lee, Smiths duplicate,
employed in q lulabcr-yartl, and learned
thot he hGd bccl one OF tho participants
IN frco'for-Gll b;sJtlo IL y CroT3hop tho
night following my GiTGir with smith;
but hGTinG been Gturciicd With liquor,
had only confused recollection OF y
d?Lnkon br2Tl il which ho had rccciv-