The record-union., 1899-04-13
he SHOT IN SELF-DEFENSE.
PEARSON SOUGHT TO MURDER
BANDEEN.
"a Coroner's Jury Exonerates the
Latter for Taking the Lafe
Of Pearson.

A Coroner's jury last night held an
INQUEST on the remains or Hamllloh n.
Pearson. who on Tuesday aIternoon
met his death at the hands OF John r.
Bandeen. on the ranch of the latter,
five miles east of Gait.
There were no eye-witnesseS to the
shooting, but waving his rlgnts, Mr.
Randeen himself took the witness suano
and told the story of the trouble ana
its unfortunate ending IN manner
that left no doubt in the nina OF any
present but that the shooting was oohe
in self defense, and the jury so declared.
Mr.. Bandeen testified tnat lie hau
Known the deceased for about elgh1
years. and that the latter hao at one
time worked for him but was discouraged
because he abused witnesses son.
whereupon he attempted to XIII the VII
ness with a grubbing hoe. Ihat
seemed to be the starting OF the troupie.
A few years ago witness leased ms
ranch to the Marty Brothers, and Pear
son was employed by them witness
arranged with his tenants tnat ne
should cultivate and attend to the or
chard for half the fruit, and on Tues
day he went to the ranch to cultivate
the vineyard. He used team belong
ing to Marty Bros. to do the ploWlng
with AT noon Pearson asked him Ii
Mr.. Marty had authorized him TO use
the team, and he replied affirmatlveiy-
Pearson. the witness said, was NOW
ing mustard on the other sidesof the
ranch. and about 3 O'Clock he came over
-Ehere witness was working and asked
lim if he had thrown wire in the mus
Il l,.o Nod not w
npon Pearson began abusing him, ours
sng and applying vile epithets to him.
The trouble was within forty or fifty
yards of the house, witness said and
'Grandpa" Marty came out and tried
TO get Pearson to go away. The latter
refused, and the old man walked away.
Witness said he started his team and
plowed one round and when he got
back he heard Pearson swearing and
JSaw him come running towards him
holding an ak in both hands and swear
ling he would kill him. Witness left his
aplow and ran around the team and
pillow, Pearson pursuing him. Witness
said his revolver was in the hip pocket
of his trousers, over which he wore
overalls, and that he ran twice around
the rig before he could get at the wea-
pom. When he finally did get it he
began shooting at Pearson who was still
following with the ak raised. He saw
blood come from Pearsons mouth at
the first shot but the latter kept COM
ing and he fired again. The second
shot seemed to miss its mark and he
fired again, when Pearson fell to the
ground
Witness then unhitched his team and
nffer uicifiner his ia mil ct a ta6 this
city to give himself into the hands of
the Sheriff.
Witness told of an encounter he and
Pearson had in July last at the Lake
House, between this city and Gait, in
which Pearson was the aggressor and
in the course of which he drew knife
and attempted to murder him.
DR.. Atkinson, who held the autopsy
on the deceased, testified that he found
two bullet wounds in the head, one
through the right side of the face, came
out near the ear; the other entering
near the left eye, traversed the base of
the brain and came out near the nape
of the neck. The latter of the wounds
he considered necessarily fatal as it
passed through the base of the brain.
Van Marty, referred to by Mr.. Ban
deem in his testimony as Grandpa"
Marty was the next witness called He
testified that he was in the house Tues
day afternoon and hearing high words
in the vineyard went out there and
found Pearson and Bandeen quarrel
ing. He tried to get Pearson to come
away, but the latter refused, where
upon the witness left and started for
the house of a neighbor to tell him that
the men were quarreling. On his way
he heard the shooting and so informed
the neighbor, who said he could not go
over there but would do so later. When
witness got back Pearson was dead and
an ak was lying near him.
Joseph Marty was not a witness to
the shooting, but testified as to the gen.
eral character Of the deceased and told
of his great hatred of Mr.. Bandeen.
Witness said he had repeatedly heard
the deceased say that he intended to
Kill Bandeen; that he was over fifty
years old and had nobody depending
upon him, and that if he ever got out
of work he would put a bullet through
his head but that that Ban
deed would have to go first. AT another
time he had heard Pearson say that
after he had ripped Bandeen's heart
out he would be ready to die. Wit
ness told Pearson that Bandeen had
done him no harm, and Pearson said
that that was so but that he had it in
for him. and that "he would have to
go before he (Pearson) did" Pearson
drew a knife and showed witness how
he intended to carve Bandeen. and
witness got out of the way for fear
Pearson might mistake his man and
carve him. He said he had allowed
Pearson to keep on working on the
ranch because he was afraid If he dis
charged him he would get il in for
him." as he had for Bandeen He said
that Pearson always had whisky in his
cabin and that he yesterday found a
partially empty flask in the box of the
moving machine he had been running
prior to the shooting.
Van Marty, Jr, corroborated the story
told by his uncle, Joseph. He was
present at the trouble at the Lake
House when Pearson assaulted Ban
deem and drew knife to kill him. Wit
90 >-~ .