The record-union., 1898-07-09

len, who keeps roadside saloon
couple of miles south Of Walnut Grove.
Mr.. Allen said that about s O'Clock on
the evening of June 26th Fleming,
Sweeney and Hennessy entered his
place, having just crossed the river on
Miller's ferry from Dead Horse Island,
where they had been working for Mr..
Upham. Sweeney and Hennessy each
had an order for $6.25 and Fleming for
so. signed by Upham, which he (Allen)
cashed for them
The men had two or three rounds of
drinks, and in the meantime were
wrangling as to who should pay for the
liquor. He finally told them it was
time for him to close the place and that
they must go. Moonan and Nichols
started to leave the saloon, but the three
other men We're reluctant to go. The
witness laid his hand on Sweeny's
shoulder and told him they must leave,
When Sweeny cursed him and said he
must not lay hands on him.
one word brought on another, when
Fleming gave Allen the strong arm"
Threw n him to the floor and
held him. while Sweeny went for his
watch and got it, One Of the party
cried out, The - has got
money! get his purse!' Allen said he
called to Nichols to get a club and help
him, but Nichols could find no weapon.
Hennessy stood aloof during the as
sault.
After Sweeny had secured Aliens
watch the latter managed to free him.
self and ran behind the bar for his shot
Ia "a III
one Of the men laid it on the bar. He
then tried to- run them out, but they re-
fused to go, and he shot between them
and through the open door two or three
times before they went out.
They continued to defy him and said
that if they didn't do him that night
they would come again and burn him
out. In all he fired six shots. After
each shot they would appear in the
doorway. until finally two of them were
wounded, when they walked off up the
road
In answer to question by Assistant
District Attorney j. c. Jones, Allen said
he shot to protect his life and property,
which he believed to be in danger. He
had over $500 on his person at the time
During the shooting Fleming ap-
peared in the doorway and said, Shoot
again, you = and I'll come in
and kick your head off,
Since that time Mr.. Upham informed
him that the reason the men quit work
on his ranch that evening was, as one
of them remarked, that they could
make about $500 in a short time" They
were not very drunk while in his place.
Allen said that when Hennessy was
arrested in the saloon the next rnoCu~
ing the prisoner told him he had better
get his coffin as soon as the ease was
settled
Hennessy said something in response
to this part Of the testimony to the eff
feet that he was drunk then and didn't
know what he did say.
Carl Nichols testified that he was in
Aliens place when the men were there.
They came about 8 o'clock in the even
ing. They had drinks and then got to
quarreling about the pay for them. AL
len wanted to get them out and said
1t was time to close. Allen touched
Sweeny on the shoulder, when FIem-
inng Knocked him down. When the
witness (who is quite smalD started to
go behind the bar to find some kind of
weapon with which to defend Allen,
Hennessy interfered with his doing so.
Allen finally got away from Sweeny
and Fleming and said the former had
his watch. When Allen got out his
shotgun and demanded his watch it was
laid on the bar.
Nichols then described the shooting
through the doorway to intimidate the
| men, during which Fleming declared
that Allen was shooting blank cart
| ridges. He got in the doorway and
held up his left arm, with his pipe in
his hand sgld said to Allen, Hit this."
The witness told Allen it was a desper-
ate case and bad time to shoot blank
| cartridges. In response to Fleming's
challenge Allen shot again, and Flem-
ing's hand and wrist received a portion
Of the charge. The men were constant
| ly trying to get back into the saloon
after having gone outside
| George Moonan, who is employed on
| the Upham ranch, had taken the men to
/ the ferry, crossed the river with them,
and was in the saloon when the trouble
occurred. He described the assault on
Allen in about the same manner as tod
| by the latter and Nichols. While
Fleming and Sweeny had Allen on the
| floor one said. ''Get his purse.'
| When Allen made the men return the
watch they had taken from him, he fired
| through the door and the men backed
/ to the door and stopped. Allen COM
manded them to leave, but they did not
/ go outside until he had shot several
| times. Between shots they would ap-
pear in the doorway, and finally one of
them held up pipe and told Allen TO
! Shoot this You I'll come in
and kick the heart out OF you!'' The
men soon after moved off up the road.
! This concluded the testimony for the
prosecution, and the case then went