The record-union., 1897-12-19

heard a chicken sQuawk as if II was
is a hammerless and was loaded with
No. q shot, and went out. 1t was
dark, cloudy night. / stepped out into
the darkness and down along the picket
fence, and knelt down behind a big
Kettle near the milkhouse, about fifty
feet from where the chickens We're in
the tree. Young Stevens went with me.
| called the dogs and one of them
came, the other not hearing me. l set
him on and he commenced .circling
round as if he could not find what he
was after. While behind the kettle
heard another muffied squawk from the
tree and again after 1 got within twen-
ty feet of the tree.
Looking up into the tree, which is
tall, | could see the faint outline of
man in the top. | felt that l was in
a dangerous position. for he might take
notion to shoot me or might have
confedei ate who would do so, as a man
who viii commit robbery viii take long
chances rather than be caught. even to
shooting. / stepped back, at the same
time asking, Who is there? I received
no answer, and asked again, What are
you doing up there?' And again re-
ceived no answer. All this time l was
stepping back. my gun having the
stock under my arm and pointing up
towards the top of the tree, ready to
shoot if necessary, and my finger on the
trigger
About, / think, thirty feet from the
tree in which the chickens roost and
IN line with where I stepped back lay
limb from another apple tree. which
IN my excitement I did not remember
and my feet struck the round limb as
L stepped back, throwing me off nv
balance. In the effort to regain nv
balance my finger pressed the trigger
and the gun went off, Immediately
from the top of the tree came a cry of
On. oh! OH and a mans body tumbled
TO the ground. AS soon as the gun
went or young Stevens, who was with
me, said, Don't shoot Jim Bond came
running from the house with his Win
chester and another man brought a
lantern. l told them that a man was
lylng under the tree, shot, and laid my
gun down and went with them to see
II could help him. l found to my
horrof that it was Mat Hennessey,
whom both / and the men had supposed
was IN his room as no one had seen
hlm come out. and his lantern was
burning in his room, full head
AS soon as / saw that we could do
nothing for him, as he only gave a gasp
or TWO, l sent for my brother, who is a
1ustlce OF the Peace. and gave myself
up. and he took charge of me and took
me 10 ELK Grove. That is how it hap
pened, / cannot feel that | have any,
thing to reproach myself with. as
did not Kill him Intentionally. but it will
be source of regret to me as long as
1--we that [ have killed a fellow crea-
ture
L did not wish to say ANYTHING last
night. until l had consulted a LAWYER.
as L was all confused, and had no one
10 acVlse with. l cannot see what
inaoe Hennessey go up in that tree un-
less ne was crazy. He had a habit
sometimes of sitting and staring into
the IRE for a long time and saving
hothlng. He could not have wanted to
steal the chickens as he could do moth
ing with them. I did not intend to
shoot MIN, as / had only to wait fill
others came, when he could have been
captured without injuring him.
Mr.. Owens returned home vesterdav
afternoon. District Attorney RYAN NOT
thinking IT necessary to detain him nm
der the circumstances