, 1891-06-12

sometime between ii and l o'clock. The
defendant was headed toward town. They
spoke to PArkison and he answered them.
He had his hat pulled down over his
eyes. The witness went on and left Par
kison and T~hornborough together.
In the afternoon Private Herbert
Spencer was the first witness called. He
was a young man with blonde hair, a his
toric name and a peculiar weakness for
the word constrained" He saw the
defendant the morning following the kill
ing, near the body, and had a conversation
with him, which amounted to nothing.
On the Saturday following the transaction
he met Parkison, the witness coming
iron town and Parkinson headed in this
direction. Parkison asked him if they
had any more about that, meaning the
murder. Witness replied that they had
ascertained that the parties confined were
the wrong ones, and the authorities were
on the track of the right ines and had
them dead to rights. Parkison visibly
paled and in many ways showed much
confusion.
Amos Thornborough, possibly the most
important witness for the prosecution,
was next called. He was a private with
a confessed love for the truth, a startling
memory as to details, a liking for swear
words and a most noticeable anxiety to
to tell his story. He was kept on the
stand for quite a long while, but appar-
emily did not create a most favorable i'm
preston on the minds of the jury. Many
of his answers were directed towards
shielding himself from the slightest impu-
tation Of wrong dong. In one particular
his evidence was directly at variance with
that given by the girl Norton. She testi
fed that Baker had something over SIS,
composed of a ten dollar bill and a five
dollar gold piece, while T~hornborough
stated that Baker had more than a
months pay about him, but that it was
made up altogether OF silver. His testi-
mony also differed materially from that of
his companion, BuZzard. From the drift
Of the questions put to him on the cross
examination it is quite evident that it is
the intention of the defense to impeach
his credibility,
The first facts brought forth from the
witness were in relation to the intended
desertion. He testified that both Baker
and Parkisou had requested him to Join
the deserving party, stating that If he
would do so, they would draw up the
paper for him, which he would have to
swear to. adding that if Anyone broke
his oath it was sure death. The witness
did not wish to disgrace himself, and re-
fused to go into the hunting and robbiug
scheme. He saw Baker on the night Of
the 2nd. and saw him take a handful OF
silver money FROM his pocket, amounting
was at Hynds'. He also saw Parkison there
early in the evening, and had a converse.
ton with him. They left Hynds' to-
gether, to take a walk. and went around
to Messersmith's and played a game of
pool. Parkison said that all the money
he had was five cents. On the way out
of HYnds' they saw Baker, and Baker
said to Parkison, II want to see you later
up there, " to which defendant responded
all right" On the way to play pool,
Parkison said Them fellows are going to
do me up tonight, but if they do they
have got to get there quicker than | do"
the defendant evidently meaning Baker
and Lyons. The witness and defendant,
after playing a game OF pool, came back
to Hynds' and Parkison left witness there.
About ll:20 witness left Hynds' and
wen up to Hates. went out for q couple
of bottles OF beer, brought it back and
about IL O'Clock started for home, to-
gether with Buzzard. Within twenty feet
of Talbot's house, they met Parkison
coming towards town. He evidently tried
to avoid them, as he had his campaign
hat pulled down over his eyes, but wit
ness recognized HIM and spoke to him.
Parkison said he was going to do that
fellow up but witness did not know
whether he meant Lyons or Baker. This
was about ten minutes past ~. Parkinson
acted like a drunken man, but witness
did not think he was drunk. Thornbor-
ough himself says he was perfectly sober.
Thoruborough saw defendant again next
morning, and had a conversation with
him. The defendant hung his head when
told of the finding of the body. Thorn
borough SAID: Whoever killed that man
done a mean trick, the only reply to
which was Yes" That evening Park
son told witness that he had something to
tell him, but they we're interrupted by an
other of the men. He had another con-
versation with the defendant on the
morning of Oct. 4. in the vicinity of the
court house. Parkinson requested witness
not to tell on the inquest if he could help
it, that he, Thornborough, had met de-
PENDANT near the fair grounds 1T YOU
can get out of it," was Parkison's re
quest, Tor Gods sake do 1t. If you do
tell | will have a harl time to get out Of
it. Witness gave these as his exact
words, but on cross-examination he gave
the statement in altogether different
words.
The witness c~ontradictcd himself on
several smaller matters, and while his evil
dence in the abstract was weighty in the
extreme his manner on the witness stand
detractcd considerably from it.
At this point in the trial, the prosecu-
ton announced that Surgeon Kendall, a
material witness, was not on hand, and
asked for a continuance till this morning,
which was granted. They have but one