The Leon reporter. (Leon, Iowa) 1887-1930, 1904-05-26

went 40 steps and saw man going west
as fast as he could walk, towards Hay
dens house. Saw Francis Peck going
southwest. Went to Shows store, told
him what saw and we went up. and
found Bracewell lying on the ground,
face down. Heard Hayden say: "You
had better take care of your man"
BOSTON SMALLWOOD.
residing in Woodland township, two
miles southwest Of Hayden's testified
he was going by on the road
when Snow requested him to drive
in the field and haul Bracewell home.
They put the wounded man in his spring
wagon and hauled him home. There
were several parties there, and the
doctors came in an hour or an hour and
half. Bracewell's head was to the
west-when he was lying in the field.
G. H. TREMBLY,
80 years old, residing in Woodland
township, testified he went to the scene
OF the shooting as soon as he heard of it
saw Bracewell lying on the ground, and
helped move him to the house, and help
ed undress him. Was there until the
next morning. Mr.. Bracewell died
about six o'clock that evening.
AT the conclusion of this witness
testimony, court adjourned to meet at
2 o'clock.
When court convened Wednesday
afternoon at Pollock, the first witness
called was
F.E. PECK
the only eye witness of the murder tes-
titled as follows: / am 28 years old and
reside in Nebraska at this time. Was in
Decatur county in January 1904, and
was acquainted with w. e. Bracewell
and John r. Hayden. Have known them
for about II years. Was working for
Braeewell in January 1904. was haul
ing hay with Mr.. Bracewell the day Of
the shooting in the forenoon from
Hayden's field to BracewelI's barn.
Hauled the last load about IL O'clock.
When we went through the gap Brace
wells cattle were around the gap and
Bracewell called the cattle and threw
some hay off for them. Unhitched the
horses and went to the house, Saw
some Of the cattle stay in Hayden's
field and saw man come from towards
Hayden's house and go around the
cattle. Told Bracewell of it and he
walked out to the gate and watched the
man and the cattle. We went to the
barn, got horses and stated after the
cattle on horseback. | was ahead.
When got to the cattle saw Hayden
and rode down to where he was. Brace
we'll was coming behind me- Hayden
told me not to take the cattle out that
he wanted to see the other man first.
That he had nothing against me. said
all right they were Bracewells cattle.
Bracewell rode up around the west and
south side of the hay stack. | was a
little west of him. Hayden came run
ming up at Bracewell, had his hand in
his inside coat pocket and was cursinsi
him. AS he got near Bracewell he pull,
ed of his coat, held it in his left hand
and was shaking his fist at him. Brace
we'll dropped the reins and threw his
whip to the ground and told HAYDEN if
he wanted to fight all right. Bracewell
slid OF the horse and reached his hands
out to catch Hayden and Hayden start
ed to run. Bracewell followed him.
Hayden was feeling in his pocket like
he was trying to get something out.
Hayden ran 60 or 70 feet, going faster
than Bracewell. AS soon as Hayden got
his revolver out he turned around and
shot twice. Bracewell fell and said
"Oh!" Bracewell stopped just before
Hayden shot, was facing the south, and
when he fell it was with his head to the
southwest. l was sitting on my horse.
Bracewell was about or s feet from
Hayden when he shot. l afterwards
measured the distance and would say it
was 20 feet. Two shots were fired very
close together. When Bracewell fell
Hayden started toward home started
to go down to the store. Before getting
to the store saw Snow and Petty run
ming up the road west. went to the
phone and gave the alarm, and then
rode back to where Bracewell was lying
on the ground. We took him home in
S spring wagon. After shoot
ing Bracewell looked at me and said
something about imam" but am not
positive what it was. When we got
Bracewell home we undressed him and
put him on bed. He died that even
ing about 6 o'clock.
CRoss-EXANlINATIoN.
When we left the lane leading from
the house was ahead of Bracewell. He
caught up with me on the ridge. His
horse was trotting. was ahead OF him
WuCA s'Wo WcuU through Cn0 gap.
He went around the west side of the
stack and followed after him. When
Bracewell got off his horse I was 20 or
25 yards away. Did not go up to where
they were talking. Bracewell started
after Hayden with his hands out as if to
grab him. Would Judge Bracewell was
between 45 and so years old. swore
at coroners inquest that could not
understand what Hayden said after he
shot Bracewell. Don't know whether
Bracewell got off his horse to fight, but
from his actions would Judge it was to
fight. The wire at the gap had been
down for two days. The cattle had not
been in Hayden's field before to nv
knowledge.
EXPERIMENTATION,
When Hayden came toward Bracewell
he swore at him and called him id
s. of a D.. He was excited and
loud in his talk.
RE-CRoss EXAMINATION.
1t was during these remarks that
Bracewell slid off his horse and went