Daily Yellowstone journal., 1892-12-03


14tl! Ut September h. wu4 Oh t.
depot piatfo1m y hen Mcdonald. Cot
ley nnd Snyder catae |" load Il ti>
mule tenn. Two bvrfe|s If freiRt
hnd bten put on the wagon, whe
ConIty aud Mcdonald betaue IN
VOWED tn a dispute ahnut Ioadtng n
Atulf. turned and walked Acrn+4 til
sle t; ia II frw nitutts heard Il st.o1
and saw Il man fail. | rushed ovt1
and saw the InniauA and viii Z nl+1
running around the building like raft
] hta'd tte defendant Any: II sho
the sun Of H b-~-t.; / killed him til
first Eon.' / Jaw gun In Couley'
pnke>, ami enatched 1t out and hAtltl
I'd It t. Bray. | SAW Sergeant Melon
atd lying on the platform, tuct ul'
ward, will t'o'd "n his tnrr; he wA
dad. / placed Con'*.y audtr arrest
h+ grabbed III by il= shrout aud KEEP
rrur'''hg d"~n 'o*"rh his hin pMket
tod him t ltt X, ami re d'u 80
saying that he Was g'u / Ge III; k,lle'|
Mtl|'nnti AMI w.nttsi tn kill sonIt
:ltrr rl~hlue:l Just ike him.
The witn.a+ " H. tuti e: 10 r'gil ex
: A'uina'iou, wh;r', developed not:1ing
; new. exctp, III fA.t Bray kept C""l~>
! in :''4rge ANA tut him I II hrx rar lt
! await sh: al rival nt the sheriff.
: II. Ttlle~on VIZ The Lex witness
(; called, ard waa shown th+ revolver
with which the killing wa donr, aAt
! Identified 1t 4s being his rto|,trty
whic@! had BEEN ta7eu 1T u deek in III,
t1nu.e the morning If til. killing,
Witness also SAW the shot fired, hui
did nut know hf whom, nnA went
over I" the dep"'; C"nley Wa stsnH~
lug there. and did uol seem Ia be- it,
the custody OF anybody; ubnu 20 in
; ute~ afterwards saw htM in charge nt
Bray. T e witness Il4d kn>wu t. ,u
]ry ~ince last winter. but did not knew
McD>nHit. NJ hing wos Il. telnp+'j
on The crn*s'txa1niitn,irn, und lie
state rtS tu its cA-t.
THE UkfE%SE.
N1. Light stated, in u eritg the
ca.e for thr dcfel IT,, t14 ue,uI |in+
t" lie pursued, md tonclu1ed ty stat
lug that the dtten>e expected 10 he
able to sati~fy The jury mat 10 grtu,tr
cr'me than manslauxhler had t..n
committed, even ii thr prisoner had
not be:n justified In killing McDnu
aid.
Moutford Bray WIZ tie witness fol
the drttnse, and he satd that he saw
C"nlty eafly Oh the moruiug If the
H. Of September lat, aud he wa. il,-
>oxica'td to \ great extept.
Az thi" polut The state raised the ot-
j*c'jon that voluntary iutoxication
was III EXCUSE for critu..
Mr.. Middleton claimed that defend-
ants mental condition should 90 be-
fore the jury to enable them to fix the
degree OF responsibility.
After considerable argument Judge
Milburn took The latter view and per-
mitted Mr.. Bray to proceed.
The witness stated that Mcdonald
and Conley came into Kings saloon
aud drank together, being apparently
on good terms. Mcdonald said their
freight had come, and they went over
10 The depot; they then went to their
camp near the barn. Witness heart q
noise In that direction, And called Mr..
Kings attention TO them; they vera
fighting. Mcdonald caught ConIey
by the throat aud shoulder aud pushed
hlln up against the end of the barn; he
then caught Couley by The foot ind
tn ew him hard ou the ground, Con.
ley screaming like he was hurt. The
latter got up and STARTED towards the
salo"n, but Mcdonald caught bin, and
threw him again, his head striking u
log III the building. Conley told Mc>
Douaid not to abuse him because he
was drunk, Az he could not do it when
he was sober. They then shook hands
and separated. Witness heard the
fatal shot, and went to the depot.
where he met ConIey, who said:
There be lays down there; come and
take look at him." Conley ohoked
Captain Tuliy, who asked me to take
him Oft. told Conley to come with
me; Captain Tally told me to take
charge Of Cunley, which did.
l.. NJ King corrobueated the prevl-
ous witness Az to the difficulties near
bis barn, adding that Mcdonald and
Conley shook hands after each fall.
T. LutEerson also saw fighting at
the barn, and was 200 feet away, but
could hear Conley's head strike the
wall, and saw Mcdonald thumping
him. aud kick him In tue ribs twice.