Fergus County argus., 1904-02-03

Look out, Jim, he has a gum" Fear.
ing that trouble was likely to follow,
he went out of the place and crossed
over to the Silver Dollar. Just as he
entered the door OF the latter place
he heard the shot and turned and ran
back to the Mint saloon. George
Mitchell, the colored Porter at the
Mint. was placed on the stand next.
He heard part of the quarrel but left
the place before the shooting occurr'
ed.
Arthur Harvey followed Mitchell
Harvey was with Skinner in the drug
store Immediately after he was shot.
Skinner told him about the shooting,
but before Harvey answered the ques-
ton as to what Skinner told him. the
defense interposed an objection on
the ground that the statement of Skin
ner, made at that time, was not part
of the res gestae, hence not admis-
sible. After short deliberation, the
court sustained the objection and
Harvey was not allwed TO testify
Had it been admitted. Harvey's tes-
timony would have been substantially
the same as the anti.mortem state.
ment given below.
Miss Florence Penwell, nurse and
one of the proprietors of the city
hospital. to which place Skinner was
taken Immediately after he was shot.
was called to the witness stand and
exhibited in open court the bloody
outer shirt and under shirt which
Skinner wore when he was shot.
When the CHASTITY relics of the trag-
edy were unwrapped, the pale face of
the prisoner became yet more blanch-
ed and Mrs. Flynn never once raised
her eyes during the time that they
were being examined. Miss Penwell's
testimony was immaterial.
When James Gordon was called to
the stand, the children were cleared
from the court room and the ladies
warned by the court TO withdraw, as
the nature of his testimony would
not be fit for them to hear. They re-
tired to an adjoining room. The de
fense objected to Gordons testimony
and the jury retired until the court
could hear the nature of the testl-
mony. II related TO a conversation
which the witness held with the de-
lfendant in the morning of the 7th of
January. The jury was allowed TO re-
turn and short recess was taken to
permit the court to consult some au-
thorities on the question at issue
When court was re-opened the objec-
tion was sustained and Gordon was
not allowed to testify.
Sheriff Slater testified as to the
capture of Flynn in the back of the
Bernard Mcdonnell buffet building.
The prisoner seemed to he very drunk
and complained of his head hurting
him.
DR.. Attix. who was the physician
attending Skinner from the time he
was shot until the time of his death,
was called and closely examined as
to the nature of the wound and the
mode of treatment. He was rigidly
cross-examined but maintained
throughout that the treatment given
was the best under the circumstances.
DIR. Treacy, who was called in con.
sultation, followed DR.. Attix and his
testimony agreed with that of his
brother physician as to the wound
and method of treatment pursued.
DIR. Treacy's testimony concluded the
states case with the exception of the
anti-mortem statement. The follow.
ing is the statement given out by
Skinner after he had given up all
hope of life, and written down by DR..
Attix:
|, James, Skinner. having been ap-
prised by the physician attending me
that there is no hope of my recovery
and that | am in great danger of i'm.
mediate death and believing their
statements to be true and with the
feaf of immediate death before me
hereby make this statement of the
facts concerning the assault and
shooting of me by John Flynn al
Lewistown in the Mint saloon on the
7th day of January, 1904:
We were standing at bar talking
Billy Kimball and George Gordon and
myself. Flynn he came in. but before
Flynn came in George Gordon said
Flynn and this niger had a fight
about some money that Abe Hill. the
negro, owed Jack Flynn. Abe Dor.
rowed this money of Jack Flynn and
owed him since last spring. Abe did
not deny owing this. They mixed II
and Flynn knocked the negro down.
We were all laughing about the af.
fair when Flynn came in. said /:
What in hell. are you trying to buck
against Siddons. taking all the Niger
fights off his hands," Flynn joshed
me about Keyapoha county. Neb. We
joshed back and forth about it, SC
Flynn finally said: "You SO of a
Ib-h, | will take a poke at you. as
you have had II in for me some time. >
and took a poke at me with his left
hand, hitting me near the eye. / dc
not know what he meant when he
said ] had il In for him for a Ions
time. After he hit me we mixed Il
and | knocked him back and got tn,
best Of the encounter. Flynn ther
went back into the barber shop ant
pulls this gun out of a little wasi
stand, and, leveling the gun at me
said: You s-n OF b-h, will I'll
you full of holes" said to him
You are just about that sort OF {
man, just go ahead" Then he pu
the gun back in the little dresse
drawer. All this time was in IN,
saloon part and Flynn was in the bar
ber shop. Flynn kept talking and ac
cused me of making trouble all of tn
fall, snooping around there and tryinI
to make trouble between him (F1ynn
and Ed. my brother. He accused m
, of shopping about also trying to catcl
George Gordon knocking down on Ed
tmy brother) receipts. Flynn KEEP
standing by the wash stand and the
George Gordon said to Flynn: "Yo
need not try TO ring me in. as wan
nothing to do with this row." the
told Flynn he was inst that sort of