Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1895-08-25

OfnIu he u6u never Seen inc |
knife taken from the body until it was
exhibited in Court.
On cross-examination he stated that
he went up to near Parsons house
about noon that day, but before start.
ing that way he met William Funder.
burg on the road and asked him il he
had met Graft. Funderburg said he
had. he was then about three miles
from Pearson's house. He did not
tell Funderburg that Graft was very
mad nor did he tell him that he (Call)
was very mad. Graft told him he was
not going further than his things and
would be at his house for an early
dinner, Funderburg told him Graft
was going in the direction OF Pear
sons house. John Leonard was with
HIM when he met Funderburg.
Leonard did not say to him that il
he expected to be in time to help
Graft out he had better hurry along.
He did not say he thought Graft
would need him. He met Pearson and
Jefsen and had his hand on his gun
wien they passed. He rode from
where he met Funderburg to near
P%earson's house on the public high
way and was told there by Mr.. Flint
that Graf he'd been killed. He be.
lieyed he then said he would follow
them and turn them over to the civil
authorities. He had his hand on
his gun when he said that. He told
Funderburg that one night on his
way home from Dolan's he met a
man he supposed to be Pearson and
il it had been Pearson, carrying a
gun for him, he intended to take it
away from him. He did not tell
Funderburg he had covered tho man
with his gun. He told Funderburg
he had heard Pearson was carrying a
gun for him and Graft. He said it
was true that he had heard Pearson
was carrying a gun for him and Graft
and that MI. Flint had told him SO.
He never said he would have Pear
sons ranch or cut the hay on the
ranch or the river or valley would
run with blood and had never heard
Graft say anything like it.
j. B. Hall was the mex witness.
He swore that he was a member OF
the Coroner's jury and examined the
body OF Graft. He described the
condition Of the clothing worn by the
deceased, and swore hat the jumper
worn by him was buttoned up to the
neck with the exception OF the top
button. Also that the oyershirt and
undershirt worn by deceased were
buttoned up to the neck and that the
gun and knife were found between
the two shirts and not between the
jumper and oyershIrt. as testified to
by Coroner Morgan.
The case opened this morning with
Ruff Rees as the first witness. He
testified that he slept with Graft at
Mr.. Calls the night before the shoot
ing and that he saw Graft have a mis-.
toll but no knife.
A. S.Leonard testified that the last
time he say Graft alive was the night
before he was killed rs he was passing
his house on horseback. The next
time he saw Graft was about two
hours after his death. He uncovered
Crafts face and body down to the
waistband Of the pantaloons. The
jumper and shirts were buttoned I'M
close, except the top button ON the
jumper. The bullet had apparently
gone through the top Of the under.
shirt. On cross-examination he swore
that Graft was a friend OF his and that
he was not friendly with Mr.. Pear.
son.
The State here rested and r. M.
Dorsey was called as the first witness
for the defense. Mr.. Dorsey testified
that ho had known Graft about six
years. About the 18th of last month
while Graft was staying in Elko he
told Mr.. Dorsey that ne had got a
new saddle and was going back to
Mardis aud that lie would make the
damned e. o. IA b Pearson
bite tile dust. Mr.. Dorsey told him
not to do it; that il he did he would
not last an hour, and that he Ind
u trouble enough and to behave
himself. On cross examination Mr..
Dorsey swore that he had not com.
municated these threats to Mr.. Pear.
son.
Mr.. Flint testified for the defense
that he had never told Call TINT Penn.
son was carrying n gun for him and
had never heard anyone say it in his
presence. When he saw Graft in tho
field and after his death his jumper
was buttoned with INT button at the
bottom and possible two. His over.
shirt was unbnttoned after his death,
About half IN hour after Crafts death
Call rode up to Parsons. Flint went
out OF tho house and told him that
draff was dead Call asked who
Killed him and Flint told him no sup.
posed Pearson did but he was not
present. Call then said -I1l go and
take him in and threw his hand on
his gun and turned his horse toward
the south. Call told Flint on the 18th,
two daya after Graf was killed, that
ho would have been with Graf to gee
that Charley had fair show had II not
been for his wife.