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

o4iu uhu u CO"uNeIS1IlOu Win MIN Ill
which Graft asked il Pearsca had cut
hie hay and stacked it. Funderburg
told him that the hay had been all
cut but that it xas not all hauled.
AS Grail 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 Parsons field and Pear
sons house. They had n conversa-
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 500 come when Short
would answer his questions. Graft
asked il 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 Parsons and Funderberg went
on his way and met Call and John
Leonard on the road. They stopped
and engaged in conversation. Call
asked Funderburg il he had met Graft
on the road between there and Pear.
sons and had had u conversation with
him. Fuuderburg said he had and
that Graft had said he was going to
Parsons. Call then said Graft is
mad and l am too and there is going
to be trouble. Then Leonard said to
Call: -If you aregoing to help Char
ley, you had better hurry on down
there Call replied as near as Fun
derburg could recollect. Il guess I
will. expect he will need me- Call
also told ~Funderburg that he had
held up a man a few nights before,
that he supposed to be Jones or Pear
son.. but that it turned out to be a man
by the name OF SimpkIns. Thinking
it was Pearson or Jones he had reach
ed for his gun and kept the man cover
ell with it until he found out who it
was Call said it was very dark al 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 sworc that on the
18th OF July at Deeth Graf
pointed his finger at him and said,
You car 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 al
ter Graft and Call had been convict
ed in Justice Blacks court for cut.
ting Pearson's fence.
Z w. Davis, the Constable of
Starr Valley, swore that he heard
Graft say on the 10Th OF July that
he would cut the hay on P~carson's
ranch or blood wonld flow down the
creek or in the Bruncau. On the
18th ofJuly Graf said, Il will cut
that hay or | will kill Charley Pear
son or he will kill me-" Mr.. Davis
also testified to n conversation he
heard between Call and Graf in
which Call advised Graft to stay with
the land. Davis had not told Pear
Son Of these threats.
Webster Patterson testified that he
mad a conversation with Graft while
he was in Elko in which Graft said
the fence was now cut and that he
would have a right to go in and Jump
the property. Patterson told him
that he might get into trouble and
that somebody might get hurt.
Grail said, Il don't care a damn for
the consequences. by Jesus Christ,
II l don't get that property, somebody
will get killed. Mr.. Patterson
also heard Graf say, 4Boys, ] intend
to cut that fence again and expect to
be down in n few days.
John D0herty. Constable OF Mardis
township, testified that he had known
Graf seven or eight years and that
his reputation for peace and quiet
ness was very bad, and that he was
regarded ms n lighting man. Dohcrty
testified TINT he had heard Graf
make threats against Pearson and
that he had told Pearson Of the
threats. He had heard O converse.
ton between Call and Graft in Por-
ter's lodging house mt Deeth in which
Call said, -By God. we will have that
lind. or blood will flow in tho Bru-
neau.' Graf said, 4By God. I'll have
that land or do" They also called
Pearson a cattle thief and charged
him with being at the head OF a band
OF v~igilnntes in Mardis. Doberty also
swore that on the night Of the 9th OF
August. Ms nc was on his way to Elko
he stopped at Pearson's house and
told him TINT Graf had left Elko for
Mardis, and 10 look out for him as
there would be trouble. lie had
done this to warn Pearson. Tho in.
formation regarding Crafts move
ment'e, Doherty had received In IL
letter written from Elko. Graf lad
also threatened tho Constable several