Daily inter mountain., 1900-09-20
WAS LOOKING
I. FOR TROUBLE
POOLEY ENRAGED AT STORIES
OF THREATS MADE By
LITTLEJOHN. ~
FOUR WITNESSES SAY
POOLEY WAS AGGRESSOR.
Rule Saw Littlejohn Catch Pooley By
the Throat-Mike Trevathan's
Testimony.

1t is safe to say that the Pooley muir
der trial will not be finished this week.
The prosecution has examined eight wit
nesses and the ninth was on the stand at
the adjournment Of Judge Clancys court
at noon.
Rapid progress was made with the trial
yesterday, but today almost the entire
forenoon was taken up In hearing the tes-
timony of Michael Trevathan, a miner,
who was another eye witness to the ira
gedy.
Thus far the testimony produced by the
prosecution indicates that Pooley, enrag-
ed by the stories brought to him OF
threats against his life, by Littlejohn;
was looking for trouble. He carried his
gun with him expecting an encounter
with his son-in-law almost anytime He
had heard the threat made by Littlejohn
that one or the other of them would be
dead within year, so he went out pre-
pared.
Out Of the five eye witnesses which
have been examined, four have shown BY
their testimony that Pooley was the as
gressor while the other declared that the
defendant did the killing in self defense.
The prosecution is not likely to close
its side before tomorrow when the de-
fense will commence the examination Of
large number Of witnesses to appear
for that side.
Pooley sits in the court room almost
motionless, he scarcely says a word to
his wife who has been with him since the
trial began and only talks to his attor-
neys when asked.
At the opening Of court this morning
George Rule, youth residing at 699
North Montana street, in the vicinity of
where the shooting happened, and who
was put on the stand late yesterday at
ternoon concluded his testimony. He was
an eye witness to the affair and saw
T f1oio Or, throat.
He heard only two shots fired.
Michael Treyathan was next called and
said he was present with Pooley and an
other party by the name of Anneer at
the time the trouble between Pooley ana
Littlejohn occurred. He said he did not
know the present whereabouts OF An
neer. the last he heard of him was at
Bodie California. Witness went to
Pooley's saloon about o'clock on the
evening of the shooting, was there but
few moments when Pooley, Anneer ana
himself left the place and wenk down
Montana street. Witness said Pooley
had told him while going down the
street that a man had been in his sa-
loon during the day who told him Little
John had been talking about him and
making threats on his life. Pooley seem
ed to be quite excited. Witness said Lit
tlejohn and his wife with her child in her
arms came up Virginia street ana they
| met near the intersection OF Montana
1
hands of Pooley until after the trouble
| commenced. When the parties met
| Pooley asked Littlejohn what he had
| been abusing him for; Littlejohn replied
| that he had not been abusing him, ana
| said, to Pooley "You are bloody old
liar" Pooley told Littlejohn that he was
a Younger man than he and that he had
better get gun and heel himself. Little
John said, alright, will" and turned
towards his wife and walked down the
street about 100 feet. He turned around
then, Pooley had his gun drawn and Lit
tleiohn told him to put it away or he
would have him arrested and locked up.
/ He also told Pooley not to make fool
of himself. Pooley still persisted in dis
4 playing his gun and Littlejohn left his
d wife and walked toward Pooley ana
caught him by the throat. Witness did
not see the gun until after Littlejohn
| had Pooley down on the street. fiat on
! his back. Littlejohn held Pooley by the
! throat with one hand and tried to take
| the gun away from him with the other.
4 Littlejohn grasped Pooley by the neck
with his right hand and used the lett IN
/ an effort to get hold of the gun. Annear
! tried to separate the two men; he grab
4 bed one man with each hand and en-
deavored to pull them apart. Pooley was
4 flat on his back at the time. Witness SAID
Y tive about that After the first shot
! Mrs Littlejohn fell; witness saw her
I when she was struck by the bullet from
I Pooley's gun; he was quite positive that
| she had her hands on her husband
shoulder, as he heard her say Come
away Tom, he will kill both of u.s." Lit
tlejohn was in the act of kicking Pooiey
in the face and head when the second
slAt was fired Littlejohn was bending
over Pooley at the time. Witness went
away after the second shot and saw
short man pick up the baby.
When Pooley and Litteljohn met, ano