, 1891-08-11

late. At the same instant there was a
sharp report from Smiths rifle and Hen
derson fell to the ground exclaiming, MY
God, l am shot He died almost in
s%tantly. The bullet entered under his
right armpit at the fourth NIB and, pass
ing through, pierced one lung and the
heart, making its exit through the fourth
rib on the right side. The autopsy made
by Drs. Osborne and Mason clearly de-
monstrated the position of Henderson at
the time of the shooting, and annlhilated
the theory of the defense that he had
been shot from the left side while in the
act of drawing his own gun.
The moment Henderson fell Steckels
jumped from his horse and ran up to take
off Henderson's belt. Smith covered him
and Steckels threw up his hands and
asked to be given a show for his life.
Berry then interposed and told Smith to
let Steckels alone as he was trying to as
sist Henderson. Westfall, who had seen
and heard all, came up and advised that
Henderson's body be not removed until
the coroner arrives. Berry insisted that
it be carried into the house and he and
Steckles performed this act.
Smith himself was placed upon the
stand. He swore that Henderson had
threatened him in Eggleston's store at
Buffalo, but this was not corroborated and
no witness was produced to show that
Smith had ever made such a claim before
the killing. Besides if Henderson had
made such threats 1t is surprising that
Smith should have felt safe in sleeping in
the II camp the same night and eating
dinner with the outfit the next day. As
to his purchase of the gun he claimed
that he was afraid of being caught In a
storm in the mountains in which case he
would need it to kill meat. He denied
that he had ever made threats against
Henderson. He said he boughthis revolver
at 1920 that night in Buffalo and left the
town at IL, all OF which was fatty contra
dicted by other witnesses. He did not
return the horses, he said, because they
were worn out and vet it was shown that
the II ranch was Just as near to Buffalo
as the Sheehan ranch. He did moi return
them Sunday or Monday because he was
afraid of Henderson, and heard that he
intended to waylay and kill him. He had
made arrangements with DoDy Barr to
take the horses home on the Tuesday
morning that Henderson came after them.
He claimed that just previous to the kill
ing he did not shoot until Henderson
made a move to draw his gun. with the
remark, by -, I'll show you"
Berry. when on the stand. denied hav-
ing been at the canal when Henderson and
Steckels appeared at the bars. He was
in the house. When he heard Smith tell
Henderson to stop he Berry was clean
ing his gun, and came out with the pieces
oft in his hands at the moment Smith
fired. He also claimed that Henderson
reached for his gun before Smith fred
The theory OF the prosecution was that
Smith made up his mind to kill Hender-
son after the discharge at Buffalo. He
purchased a gun and stole cartridges to
carry out this plan. Finding Henderson
unarmed at the II ranch he intended
then to kill him, but was prevented by
circumstance and Henderson's ready
Winchester. He did not return the
horses because he wanted to force Hen
derson to go down to S~heehan's for them.
Knowing Hendesron's disposition he
Hnaur that Hanlarsop -A,lJ nnt ,o.l r.
them. but come himself. He was at the
corral with Berry when Henderson and
Steckels appeared at the bars. When he
saw they coming he took Berry with him
essary. Smith wanted a pretended ex-
cuse for killing Henderson then, for he
ordered him to take off his
gun. He intended to have
Henderson reach to take off his gun
and as ne did so to shoot him on the
claim hat Henderson Was about to draw
his gun and in this way set up a plea of
selt-defense. The subject had been can
vassed at Sheehan's ranch. This is
proven by the fact that Dony Barr testI-
he'd at the preliminary hearing that he
went into the chicken COOP as o as
Henderson started from the corral to the
house because he thought he would be
safe there. At hat time nothing
apparently warranted any such movement,
but on the contrary showed that the
matter had been talked over at the
Sheehan ranch and Smith had told what
he intended to do with Henderson.
The jury was out twenty-seven hours.
They stood IL to l for conviction of muir
der in the first degree, but at the end of
hat time compromised on the second
degree.
Have we any truly great men at the
present day2 Some doubt it, and ask to
be shown the modern Washington, Frank
lin or Webster. However this may be, Of
one thing we are sure, there never was a
greater blood purifier than Ayers Sarsa-
p%arilla.
Ice Cream Free-erS
.M cost TO close the stock.
lightning and White
-FEtIE ~ a.F