Waterbury evening Democrat., 1903-03-03

along uOnOW, was alluS GuS uHucI dog. Bill knew it, an as I allus turned up when I wasn't wanted, he would swar I was a-snoopin' arter 1 him to find things out, but I wasn't. | What good would it have done me if I had found out things? I never l could have done anything with 'em. l If I found a gold mine, somebody | would git it away from me an accuse me of tryin' to steal it. But Bill de- clared I was his hoodoo. He said l was nightmare, an it made him | shiver only to see me around. He | must have felt like when he see a l yaller dorg, he wanted to throw l stones at him. He swore he would kill me if didn't keep out of his way, an every time he come across me on the street, not thinkin' of him at all, he just up and fought me an 1 I allus got the worst of it.
 Well, this evenin', along late in the afternoon, he run into use as l 1 was turnin' a corner, an he swore I did it a-purpose, but how could l.? l I couldn't see around corner, could l I? Then Bill says: Damn you, I've i got you now where thar ain't nobody looking, an I'll just kill you an'( feel easier With that he draws his gun an says: Say your prayers if you've 1 got any, afore you git sent over the range whar you'll never come back 1 to bother me- I didn't keer much 1 about whether I was dead or alive, l but just at that moment I felt as if l I wanted to live, so I stopped down without thinkin' an picked up rock that happened to be lyin' thar, an dashed it at him. Maybe he was took 1 by surprise an thought I was gittin' on my knees to pray. I didn't have i no gun nor anything else about me, an I had no thought to kill Bill. I l just threw, the rock for luck, an it i happened to slam him in the face. i That's all thar is to it, judge"
 Sheriff, where's Bill?" inquired a bystander.
 "Oh, he's dead, all right enough" replied the sheriff. "He's lyin' out there where he fell, most likely as stiff as pick handle by this time.'
 Jim, was Bill dead when you left him?" asked the judge.
 II don't know, judge" answered 1 Jim. ''He fell down when the rock struck him; that's all I know about it. I ain't no doctor, but opine he was unconscious or he'd a-shot.'
 "I suggest that we visit the res 1 gestae." said the clerk of the court.
 Second the motion,'' said a town councilman. Let's take suthin' hot first; it's on me. What you goin' to have, Jim?"
 In few minutes the party re- 1 turned to their position around the hot stoS~ and after quiet was re- stored, 's..e judge spoke:
 'Mr. Sheriff, open court"
 l This having been done in the usual fashion, with the preliminary com mand: Hats off, gentlemen; courts l in session." the clerk called the case of "the people against James Burley, charged with the murder of William Jackson"
 A jury of 1e was then impaneled, and the defendent interposing no ob- jection, the prosecuting attorney ex- anined witnesses, who testified to the finding of the corpus delicti and the defendants admissions. Where upon the judge, turning to the pris- oner, requested him to tell his story, after cautioning him that he could not be compelled to give any evidence tending to criminate him.
 'I told you all know awhile ago, 1 judge" said Jim. q hain't got noth- i'm more to tell"
 "Well, tell it again." insisted the judge. T guess it won't hurt you l any: besides, the court wants the in- formation"
 Jim repeated his story, and volun- teers on his behalf testified that a careful examination of the res ges- tae disclosed the fact that big rock lay beside the dead man, and that in his hand was gun, on the trigger of which was still pressed a frozen finger, one cartridge of said gun be- ing empty-that is to say, the one upon which the hammer had fallen when the trigger was pulled.
 Joe Bowers, policeman and a former COW puncher from Arizona, after qualifying as an expert, testi- fled that Bill Jackson must have been ready with his gun before the rock was thrown, for the reason that the gun could have been drawn quicker than stepping to pick up a rock from the ground. That it was impossible to tell whether Bill Jack son was killed by the rock thrown by the prisoner or whether he had frog en to death while lying unconscious after he fell. Further, that, in his opinion, it was a special dispensation of Providence that Bill Jackson was to die before Jim Burley, and that it was a mere accident, if not clear case of self-defense.
 The testimony having been all ad- duced, the judge charged the jury, who returned a verdict of mot guilty" without leaving their seats
 "And so say you all, gentlemen?' ?' added the clerk, who was punctilious about forms and ceremonies.
 After shaking hands with the pris- oner and congratulating him upon l hSS ae1J1iffo1 nor