The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-06-28

the sidewalk With his qua In hEs hands,
where ne deliberately pat the gun IN his
case On his right side aad b1ttoned IL
lnen walked away about q dozan steps
before ne Was arrested.
Sross-sxarnlnatien--Mr Berry reiterated
his statements. Edward was q little ahead
o. Frank, Who shot him. hut when he shot
nim Frank walked up aud was abreast and
perhaps little shesd Of Edward: he vas
70 the len OF the msn a. they we're coming
across Both men we're In motion when
the shot was fired; Edwards hands we're
down BY bis side when shot: the witness
could not see Edward right hand whssher
held gun or not, but the arm Was
down. de never saw Edward raise his
hands In threatening manner before the
shooting or as any time; when FRANK shot
ne partly stopped and fired; the revolver
OF TIE dead man was partly on his side
Win his hand slipped down on his side.
1eorge berryhiii, six years In Seattle,
hsss In Waila Walla addition, fireman;
a. the time OF the shooting he was stand
Ing st the south end Of the Pioneer build
Ing on James street, waiting for James
street car; saw the shooting and happened
% ce looking ~ the two men
- they were crossing James
street; they were talking together, but
heard nothing they said, they we're walk
Ing away from witness, and at the time of
the shooting were about twenty feet from
him; when they came 10 the point of the
shooting they checked themselves. kind OF
separated. and stood perhaps five or sir
feet apart; when be was shot Edward was
looking at the defendant. When he was
thot saw him raise up his left arm as If to
ward of blow, and his right hand was
behind his back; saw pistol found under
the dead man; heard Frank say after the
shooting that it was his brother: when
the shot was fired they may have stood
four or five feet apart.
Cress-examination-Sa Frank pull his
gun from somewhere in front of him, and
when he was raising It saw Edward raise
his left arm to ward of the gun. aad at the
same time saw him reach his right arm
around behind mis- back for his own gun.
J. p. Linehan, elevator boy at the Sulii-
van BLOCK, Was crossing James street at
the time OF the shooting; as he passed
them heard words - you;" passed
them, then heard the shot fired and
turned around. First saw the two men q
little ahead of him near the Pioneer block.
where he passed them. When the shot
was fired he turned around in time to see
the wounded man throw up his one hand
while he was in the act of drawing his
revolver with his right hand; he drew the
gun partly and as he fell ne dropped bis
gun.
Cross-cxamination--He had passed them
about twelve feet when the shot was fired:
the men seemed 10 have stopped in ths
middle of the street; did not know which
of the two called the other hard names;
heard one OF the men talking loud to the
other; they were evidently guarding;
after the firing turned in time 10 see the
wounded man pulling cut his gun; raised
both hands up III the air. still holding the
gun in his right hand. then suddenly fell
and lost hold OF the gun which fell with
him, striking his left shoulder and falling
under him as he went down.
Re-direct-The words came from the
man nearest TO him when he passed them,
but which one Of the two 1t was he could
not say.
Patrick Flynn saw the men crossing the
street, apparently quarreliing; saw Frank
suddenly check himself. pull his pistol
and fire. The other man fell. Witness
then rushed to Frank MInsch, arrested him
and asked him If he knew what he had
done; Minsch answered yes. that IL was bis
brother he had shot When he was shot
Edward had his face turned away or little
down: saw no weapons in the hands of
Edward, though he seemed TO be gesticu-
lating with his hands.
Cross-examina tion--The two men were
walking along breast to breast, with per-
haps Frank little IN advance. The man
who was shot seemed TO be gesticulating
to the other with both hands. using the
right hand more than the left When the
man fell the revolver was above his
shoulder; did not see the pistol in the
hand Of the dead man; after the shooting
saw Frank return bis pistol 10 his pocket;
saw him draw the pistol from his hip
pocket and fire; the other man was mo-
tioning, but &C the time he was shot his
hands we're down and still.
Promptly at 7:30 o'clock last evening
Judge Humss took his seat aud ordered
the state TO proceed with It's case. Joseph
shippen. the attorney. was the first wit
ness and from him 10 was learned that he
did not see the shooting, but turned In
time to SEQ Edward fall. Edward had a
gun in his hand according 10 his testi-
mony. The other witnesses examined
were Chief of Police Rogers. who said that
Frank told him he shot because his brother
wanted TO take him TO s'the ROOM" Police
Officer George Tsmpieton. who made the
arrest; offieeg Sam Hamilton, who helped
pick up the wounded man; L. v. Ruger,
who said that Frank Minsch made nui-
sance of himself in the court room; A.
Hess, the ColmAn block elevator boy; I.
w. Jones. p. J. Concannon. who first laid
hands on Minseh after the shooting. and
q. r. Stevens.
The state tried 10 introduce the testi-
mony of John Huntington, of Tacoma, as
to the relations of the brothers, but was
overruled by Judge Humos.
The court adjourned until ESQ this
morning. The state will finish its case
this morning, having only three more wit
uesses 10 examine.