Daily independent. [volume] (Elko, Nev.) 188?-1915, 1895-08-21
State VS.. Pearson.

stand yesterday when our report clos
ed. Mr.. Funderburg stated that he
saw Graft on the 7th of this month
and had a conversation with him in
which Graft asked if Pearson had cut
his hay and stacked it. Funderburg
told him that the hay had been all
cut but that it was not all hauled.
AS Graft rode off he said, he would
come ont on top down there or would
die in the attempt. He next saw Graft
on the morning of the 9th on the road
between where his things had been
put out of Pearson's field and Pear
sons house. They had a converse
ton In which Graft stated that he had
had trouble in the field with Tom
Short and that Short had refused to
answer his questions. Graft said the
time would soon come when Short
would answer his questions. Graft
asked if Pearson was at home and
Funderburg told him he was at home
stacking hay. Graft told Funder-
burg he was going to Pearson's and
appeared to be angry. Graft rode TO-
ward Pearson's and Funderberg went
on his way and met Call and John
Leonard on the road. They stopped
and engaged in conversation. Call
asked Funderburg if he had met Graft
on the road between there and Pear
sons and had had conversation with
him. Funderburg said he had and
that Graft had said he was going to
Pearson's. Call then said Graf is
mad and l am too and there is gong
to be trouble. Then Leonard said to
Call: HIf you are going to help Char
ley, you had better hurry on down
, there" Call replied as near as Fun
derburg could recollect. Il guess 1
will. I expect he will need me-" Call
also told Funderburg that he had
held up man a few nights before,
that he supposed to be Jones or Pear
son, but that it turned out to be man
by the name of Simpklns. Thinking
: it was Pearson or Jones he had reach
ed for his gun and kept the man cover
ed with it until he found out who it
was. Call said it was very dark at the
time and he was sorry that he had
held up this man. ...
The cross-examination of Funder-
burg was very rigid but his evidence
on direct examination was not shak-
en-.
Nephi Jessen was called for the de-
Tense and stated that when Graft came
up to Pearson's that morning his
jumper was open part of the way
down and might have been open all
of the way, but he thought not.
Mr.. lessen swore that on the
18th of July at Deeth Graft
pointed his finger at him and said,
"You can do your hanging" and then
turned to Pearson, and, pointing his
finger at him, said, @You can do your
shooting, but I'm going to have that
ground" This was the morning af-
ter Graft and Call had been convict
ed in Justice Blacks court for cut
ting Pearson's fence.
e w. Davis, the Constable of
Starr Valley, swore that he heard
! Graft say on the 18th of July that
he would cut the hay on Pearson's
ranch or blood would flow down the
creek or in the Bruneau. On the
18th of July Graft said, II will cut
that hay or I will kill Charley Pear
son or he will kill me-" Mr.. Davis
also testified to conversation he
heard between Call and Graft in
which Call advised Graft to stay with
the land. Davis had not told Pear
son of these threats.
Webster Patterson testified that he
had a conversation with Graft while
he was in Elko in which Graft said
the fence was now cut and that he
would have right togo in and jump
the property. Patterson told him