The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1899-05-18

were both on The scene on he aaN Iots
lowing the shooting and examined the
tracks. The clothes of the deceased,
the holes and blood, were introduced IN
evidence and identified by Cook, Parker
and Hy Clements. Counsel for the de-
tense objected on the ground that 1t
looked like 'waving the bloody shirt >,
but the Court failed to appreciate the
Joke and the clothes were admitted, as
we're also the pistol and the bullet taken
from the body.
On cross examination of Parker, Glenn
ents, Cook and Chastain, Mrs. Grey at
tempted to show that there were many
trails that Brig Clements might have
taken that would have been nearer than
the one near Hamilton's house, and also
tried to make the witnesses admit that
they we're not positive about the tracks,
but failed to shake their testimony.
Parker was called as witness again
Tuesday morning, and testified that
jumpers had tried to Jump his ranch
several months before the shootiBg;that
Hamilton was implicated by giving the
jumpers assistance; that on Jan. ~, as
he was driving past Hamilton house
on the way To the mine, be was chal-
lenged by Hamilton to fight a man
named Mosier who was at the place;
that on returning three hours later,
Mosier, held him up with rifle, and
Hamilton grabbed the rifle from Mo-
siers hand and leyeled il at Parker
threatening TO shoot, but peddler came
out of the house and took the rifle away
from Hamilton. This testimony was
not shaken By cross examination.
A c. House, W. K. Bassett, j. b.
Simpson and Wren Pierce were called
TO testify concerning the stories told by
Hamilton after he reached CHERRY Creek
to give himself up, Their testimon!
was all about The same. Hamilton had
admitted The shooting, but elaine that
there had been trouble aud Clements
had ordered him out OF the valley
Hamilton told Pierce that lements had
threatened him as follows: You d.
$ of B.. if you don get out OF
here before shutdown, will hang every
body on the place. Hamilton claim,d
that Clements had struck him on The
nose with his pistol; that he then Vent
to the house and asked his wife for biz
rife. but she was too excited 10 find H.,
so he grabbed mp an old shotgun with
defective lock and IL went of by aeci
dent, killing Clements. Sheriff Scott
also testified that Hamilton told him il
was all an accident. Here the prose.
eution rested It's case.
The defense opened Tuesday after
noon. The counsel stated that they ex-
pected to prove that Clements was
violent man, that he rode up To the
Hamilton house on the morning of the
shooting and called Mr.. Hamilton from
the house; that Clements provoked
quarrel and uttered threats and abusive
language; that he insulted Mrs. Hamil-
ton; that he struck Hamilton over The
nose with the barrel of his pistol; that
Hamilton was in fear of his life, and as
the counsel concluded "Was justified
and in fact should be applauded for
taking this mans life" The accident
theory was practically abandoned
Defendants counsel then drew dia-
gram of the surroundings Of the Hamil-
ION house, but as her witnesses failed TO
understand it, IL was abandoned. Some
photographs of the place, however
were admitted in evidence.
John Tibbett testified concerning the
location of the house and also told Of
meeting the defendant on the day Of
the shooting, about u miles from the
Hamilton ranch, as he was going 30
Cherry Creek to give himself up. The
defendants face was bloody.
Next followed the star witness for the
defense. Matlin Dunn Besides Hamil-
ton aud his wife, he was the only eye
witness OF the shooting. He testified
that he was returning from a trip and
stopped at Hamilton's for the night.
About nine O'Clock the next morning,
he saw Clements ride into the yard.
Hamilton went TO the door and said,
Good morning, where have you been
so long,, and asked him in to have
something to eat. Clements refused
and said, You black Mormon son of a
b., you can't live in this valley"
They quarreled further and finally
Clements struck Hamilton in the face
with his pistol. Witness in the mean.
time was working at his wagon, several
yards away, taking of IA rope that had
become wound around the hub of one
wheel. He stated that he saw Clements
strike Hamilton in the face and saw
blood trickle down from his nose. Ham
llton then disappeared in the direction
of the house, while Clements started to
ide of and witness turned to his wagon.
| A shot followed, he looked up and saw
Clements still upright ON his h"rse, but
The body fell al Il distance of about 90
/ > AfFF iiffiil WIG ilOhSfs w itit - hAh NV
see the shot fired, but the smoke came
/ from around the corner of the house
near the window b-fore mentioned. Al
Hamilton : request, he went to look at
/ the body, and afterwards, he and Ham
| iltOn 10th went up and looked at 1t: AZ
/ they were coming back, they saw Glenn
/ ent pistol lying in the fO I'd, but ola not
| touch Il. Thep then went back TO the
/ 81 tble. Hamilton left for Cherry on
| horseback. while Dunn and Mrs. HAM
| ilton hurriedly hitched up Dunn : team
aud drove on run 70 Henry illlier 5
ranch. about 20 miles away, where ne
claimed they arrived about l'5U +. NJ
Some particularly vulgar and obscene
| language which the witness said was al
dressed by Clements To Mrs. Hamilton
during the quarrel, was written on a
piece of paper and submitted TO TIE
jury, without being read in open court
on cross examination IL was shown
that the witness was very uhcartdln a.
to lust what he was doing when ht
heard tho shot, aud also as TO the where
abouts OF Mrs. Hamilton, stating first
that she was near the cellar immedl'
ately after the shooting, but on re-direci
examination, he concluded that she
might have been down by the corral.
The testimony OF Mosler, ut the pre-
liminary examination, the man who was
alleged to have threatened Parker d
few days before the killing, was next IN
trodnced, after considerable wrdngling
between attorneys. His testimony stated
That Parker had provoked the quarrel
and Hamilton had taken the gun from
hl.-MoSier s-hands to prevent trouble.
Phillps, n man who had tried to jump
a ~. L =