Daily independent. [volume] (Elko, Nev.) 188?-1915, 1895-08-20
State VS.. Pearson.

tilted that the last time he saw Graft
alive was on the 9th of this month in
the forenoon. He and Graft left his
(Calls) house on horseback on the
morning of the 9th and each carried
gun. They separated at the forks
OF road some distance from Pear
sons place about 10 or IL o'clock.
He (CalD going after his horses that
were on Jessen's meadow and Mason
creek and Graft going to look after his
things that we're put off the ranch he
had located. He had not seen Graft
after his return to Mardis until the
evening Of the 9Th when Graft came
to his house and stayed all night.
He testified that Graft had the revol.
yer that was found on his body by the
Coroner when he left the house that
morning. He had never seen the
knife taken from the body until it was
exhibited in Court.
On cross-eXamination he stated that
he went up to near Pearson's house
about noon that day, but before start
ing that way he met William Funder
burg on the road and asked him if 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 (CalD
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 if
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
lessen and had his hand on his gun
when they passed. He rode from
where he met Funderburg to near
Pearson's house On the public high
way and was told there by Mr.. Flint
that Graft he'd been killed. He be-
lleved 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
II 1t had been Pearson, carrying a.
gun for him, he intended to take it
away from him. He did not tell
Funderburg he had covered the man
with his gun. He told Funderburp
he had heard Pearson was CARRYING q
gun for him and Graft. He said if
was true that he had heard Pearson
was carrying gun for him and Graft
and that Mr.. Flint had told him go.
lie 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 next witness.
He swore that he was member of
the Coroner's jury and examined the
body of Graf. He described the
condition of the clothing worn by the
deceased, and swore that the jumper
worn by him was buttoned up to the
neck with the exception of the top
button. Also that the overshirt and
undershirt worn by deceased were
buttoned up to the neck and that the
gun and knife we're found between
the two shirts and not between the
Jumper and overshlrt, as testified to
by Coroner Morgan.
The case opened this morning with
Ruff Rees rs 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 pis.
tol but no knife.
A. S. Leonard testified that the last
time he sou nroff ol;,,o $780, a. -,