Daily independent. [volume] (Elko, Nev.) 188?-1915, 1895-08-19
state VS.. Pearson.

Fhntwas then sworn. Mr.. Flint tes-
titled that on the morning of the
shooting Graft came to Pearson's
tisld where he, lessen, Tom Short and
Victor McKelyey were at work and
asked each of them for whom he was
working. All answered except Short
who refused. Short and Graft then
had a quarrel and Graft advanced
toward Short with the intention of
striking him. Flint told Graft not to
have any trouble there. Graft then
left and went to where Victor Nickel
vey was at work and after talking
awhile came back and told Flint that,
he was going to Pearson's house.
Flint told him not to go as he would
get into trouble if he did. Graft re.
piled that he 3Would take care of
Charley" and got his horse ands
ed toward Parsons house. The next
time he saw Graft was after he was
dead. Flint said the pistol taken
from the body of Graft belonged to
Graft. At the conclusion of Flint's
evidence, the Court adjourned until
8 o'clock Monday morning.
The case was resumed this morn.
ing, Thomas Short being the first
witness. Short corroborated the evi-
dence of Flint as to what took place
in the field that morning. Graft APP
piled abusive epithets to Short and
advanced toward him with the inten-
ton of striking HIM, but desisted
when Flint told him not to have any
trouble there. Graft at this time said
that he understood Sam Jones was
carrying gun for him and that he
had right to kill him. Short saw
no weapons on Graf, but testified that
Graft kept his right hand inside of
his jumper during the time he was in
the field talking to him and the 9th
ers, and he believed he was armed.
The last Short saw of Graft alive he
was riding toward Pearson's house.
Anderson Schole was the next wit
ness. He was at the stack and saw
the shooting. He corroborated Jes-
sen as to what took place after Graft
came there. He was at the stack when
Pearson went to the house and got his
guns. This Pearson did after Sam
Jones had come to the stack with a
load of hay and told him that a man
that looked like. Graft was coming up
the road near where Crafts things
were put out Of the field Pearson
then got off the stack and got his guns.
Mr.. Schole detailed what took place
after the shooting and did not differ
materially from the statement made
by Mr.Jessen.
Victor McKelvey took the stand
as the next witness and testified that
the day Graft was killed he (McKelvey)
was in the field driv ing a wagon, hav-
ing just come from the stack, when
Graft met him and ordered him to
take the cabin off his (McKelvey's)
field as he Graft claimed it. Nc
Kelvey replied that he would do so.
Graft then noticed that McKelvey was
trembling and asked him the cause Of
it when McKelvey replied, 4Charley,
you are desperate, bad man and I
am ifnarmed." To this Graft replied,
u won't harm you, but if you ever
tell anything about me that is not
true l will kill YOU" He then said,
4But how has Pearson treated me?"
McKelyey replied, shat is yours and
Pearsons trouble not mine" Graft
said, eyes; the g. o. a. b., I'll
settle with him" During all the
time Graft was talking to McKelvey,
he kept his right hand inside of his
jumper and acted in an angry man
ner.
Coroner Morgan was next called to
the stand and testified in relation to
finding the pistol, knives and cart.
ridges on the person of Graft.
j. II. Call was the next witness
called and was still on the stand when