The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-29

tone OF voice for those people to hear. Poor fell
on his back with bis head toward the West, and
when walked back TO where ne was iaylng
those men had reached the railroad track. and l
heard one of them say: .sMy God, let rs run" 1
then went up on the track and watched them
until they disappeared out Of sight. and then l
went back to where Poor lay and saw that ne
was dead. ] then started over the road and re-
turned to town When i reached the Mash-
ington house, was 50 much exhausted tna.
could not 60 any further and reported the cir
cumstancss in the bar-room, and after being
laid out on three chairs vomited until relieved
with brandy. I could mot say who the parties
were who did the shooting. - r
(signed) J. T. TERRY.
Justice Terry's court room was packed to suf-
location tonight At the rsopening OF the examin-
alton. J. Z. Tsrry's deposition was offered IN
evidence, closing the case for the prosecution
Attorney Smith moved the discharge OF the
case He said, in his argument, that the state
had not introduced any evidence to show that
the defendants had committed the murder or
that thcy were in the vicinity OF the murder.
The justice denied the motion.
A. L. Sc. Clair was the first witness for the de-
Tense.
He testified that he had met Baird. He saw
the body after Poor was killed. II was lying
one and one quarter miles north OF Wooley,
parallel 70 the track, with the heaa 70 tne
northeast He was the first man at the body
He found false goatee under the ne1n, anI
hat. There was pair OF speetacies on sns
thai man had been concealed in hole There
was blood on the bushes and the ferns were
mashed down.
James Buchanan, one Of the defendants, was
sworn and testified in the concentration a.
follows:
i live at New Whatcom. Am an inspector OF
customs and have been for nearly TWO years. L
was here and had got a telegram from Baird 70
come and help get some Cinnamon. l showed
the telegram TO the collector. When was
11nAG 1Cn lar
saw the same man here. went into the woods
with Baird to find this man Terry. That was in
the daytime. The next time was when we came
out of this road on the night OF the shooting.
ing toward Sumas. We hid until they turned
and commenced to come down grade. Then we
jumped up and called on them 20
GERS They fred three shots and
then Baird commenced to shoot. We were quite
close. They never said word. There was no
as could halo. After the shooting there was
one man dead, and Baird was lying down near
the dead man. He took little book and pair
he was shot in the breast and head We came
Ieeurely back to Wooley. We did not run. There
is no truth in Terry's statement that we ran
The men ahead OF the Cinnamon commenced 10
fire at Us first. received telegram from Baird
asking me to come here. carried 3S-calibre
revolver We had no plan to carry out. We
were just going to capture the Cinnamon. We
opium or Cinnamon. When we got to the
place the Cinnamon came out OF the woods
above the track. We were below waiting to
which way they would 60. When the shooting
commenced we were twenty or thirty feet from
them. Probably was fifteen feet from Baird
when the shooting began. Baird said, "Halt!'
The white men in the lead shot
first That was nearly down at the bot
tom of the corduroy road. We did
not fall down In the hole at the end OF the cor
duroy road. don't remem Der whether the dead
man had q beard or not. He was a small man.
put my hand on his face after he was dead,
but can't remember how he looked. | was not
so very badly excited. As the men fought they
moved around little, stepping rapidly. Baird
and the dead man finally got together.
Poor did not move more than five feet from
where he first shot. / was of to the side, per-
haps ten or fifteen feet away. did not retreat
after the firing commenced. could lave gone
back If / had wanted to, but / didn't. /
don't think / killed him. The ball Is
too big for my revolver. It was neees-
sary for me to shoot to preserve myself.
l could have run, but would rather have it in
my face than in my back. We were into the
shooting and had to stay. l don't think it
would have done any good to retreat Yes, i
fired to kill.
At the close OF Buehanans testimony the
court adjourned till tomorrow morning at
O'Clock. There are . few more witnesses for the
defense, among them Baird.