The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-24

NAAON6O0 IA AAAAAus do AC IAOu6AL Jill
n might he hurt and 1T would no
be right to go and leave him. HI
then crossed the street and saw two
men and heard them talking. Ont
said, Don't shoot me again. l have
a nome here; q mother and a father
and a sister," or something to tina
effect.
The witness saw no one fall, as hi
was looking at the time where he was
stepping. When he got to where thu
men were he saw one of them lying
down and the other standing. He
recognized the one standing as Hay
den, whom he knew as a policeman
When he approached he saw a re
volver in Hayden's hand, pointed al
the man who was down. He heard
Hayden ask the other man something
about looking into windows. To this
the other man replied that he had
come from Morse's house; that Morse
was sick and il Hayden did not be-
lieve him to go there and e for him.
self. The witness said he asked Hay
den If he could assist him. and Hay.
den had ordered the man to get up.
To this the man replied that he could
not and the witness and Hayden help
ed him up and as ste! him across
the street. Mr.. Kyle said he saw that
the mans leg al injured and when
they got him to the opposite side of
the street the man said he could not
go any further.
At this juncture court adjourned for
the noon recess.
Afternoon Session.
When court reconvened the exam
i1iation of Witness Kyle was. resum.
ed. In reply to a question from Mr..
Goddard the witness. said that a rail-
ing enclosed, the curb of the. street
at the place where, he saw Hayden
and Mcbride. He was asked if he had
related all that %transpired at the time.
Answering, he said that there had
been other talk, but he could not re-
call it's substance. Nobody came be-
fore he and the defendant carried
Mcbride across the street. The first
person to put in an appearance was
Brooks "a colored man. He was fol-
by others, among them q man
named Stoddard. After Mcbride, was
laid down by them, he asked Hayden,
Are you a policeman" To this the
defendant replied he. was IN! Mcbride
well. you've made a mistake.
I'm sorry this happened" Brooks now
vent to get a team. During the alb
,ence of Brooks Hayden explained to
witness how the shooting occurred.
He said he had been chasing Mcbride
With his revolver in his hand, the
humb on the. hammer and finger on
he trigger, and that he slipped and
ell and the pistol exploded accidental
y. Subsequently Mcbride told them
lis name and where he lived and said
le knew Will Mccormick.
The witness said he started to get
;ome matches to e how badly Nc
Bride "a hurt, but Hayden told him
t was not necessary, as they knew
md the man was all right. AS near
s he could tell the witness said the
hot he heard vas fired about $3.50
o'clock, possibly a little later or a
title earlier.
For the guidance of the jury a map
vas fastened to the wall and from
his the witness showed the various
POSITIONS he occupied during the time
he circumstances he described occur
ed. He described the defendant as
worn an overcoat that came
bout to his knees.
This concluded the examination in
.hief and Mr.. Johnston submitted the
witness to a searching cross-exami.
lation. After having heard the shot
le said he looked and saw the two
men. He was not certain, but it seem
ii to him that they were on the side
1t was in the evening and quite
lark, making objects appear indis-
met at the distance he stood. 1t
vas not until quite close to him that
&c recognized Hayden. He did not
anybody fall. When he first saw
hem both were standing. This was
Immediately after he heard the shot.
When he next observed then one
down, his feet to the northwest
nd head toward the sidewalk. The
did not see the men or either
# them cross the railing between the
idewalk and street, outside of which