Amador ledger., 1905-11-10

MrS M luul6 Mlu6T. Ou Ouuo IL.
lived one mile southest of Wallace,
defendant was at her house with his
brother, it was about O'Clock,
house was lighted before they came.
Stayed about an hour, then went in
westerly direction to their home.
S. l. MarkIey: lived two miles below
Wallace: occupation farming, saw
defendant and brother AlonZo on
June IL, saw them coming up the
road while he was at base ball near j
Goodman's, in a spring wagon, two
horses, pipe in wagon. Saw them
pass his place IN the evening, he was
setting by the window chewing
tobacco: road is about from "a to 26
feet from house: Saw Clarence Muir
ply, and AlonZo Murphy between
half past nine and ten O'Clock, it was
moonlight night. Clarence hollered
to him, and said "Isn't it near bed
time'' or some thing to that effect.
Mrs Annie Markley testified to
same effect.
AlonZo Murphy was again called.
He remem bered 18th of June, knows
Fred Miner, knows S l. Markley, Mr.
Joshna Simpson, all who have been
witnesses in the case. There is a
we'll near Joshua Simpson, and Fred
Miners place. Borrowed pump
OF osh Simpson, to use at we'll so he
could water his stock. He was at
home June 18th, until after dinner,
went down the river to the Moke-
lumne mining company, he went
there for the purpose of cutting pipe,
Mr. Merhton helping him: went to
engine house to get thread cutters
He stopped at Goodman's, then went
to Wallace, to get appliances for
pnmp, then went to j Morrow's
saloon, defendant was with him, stay
ed at M Morrow's quite awhile, stayed
there until after sun down bought a
drink, cigars, wine at saloon, cid not
think that the saloon was lighted
then: went to Simpsons, defendant
was with him, went there for con-
hector they missed and went there to
hunt for one: stayed there in the
neighborhood of half an hour, then
went down to we'll in pasture, wire
fence was in the way, Clarence Simp-
son took the wire down: took pump
off left it there, then went to Fred
Miner s house, defendant was with
him, noticed light in Simpson s
house and was pretty sure that there
was light in Miners house. went
home passed Mr. Markley's house, saw
Mr. Markley in the window, knew that
Clarence passed some remark to Mr.
| Markley, The road that they travel
ed was very close to Markley's house,
| got home at 10 or half past ten, the
girls said the cows were not MIXED
| so Clarence started to milk, and he
| went after COWS: then MIXED about
| 18 or 10 cows: then separated milk
through separator: defendant helped
him: diagram of house shown. The
house in bad state of repair, it being
very old house. When they came
home, witness wife, defendants wife
and Henry Grail we're at home. They
had left some person there to milk,
but he claimed being sick. They
then had to milk: took two hours to
milk same: defendant, witness and
the rest of the folks talked while,
and had lunch together that night
defendant slept outside near hay
stack, Henry Grail slept with him: he
wanted his wife to go there, but she
had cold and would not-they got
up at O'Clock, went down to hay
stack and woke defendant, who slept
on east side of haystack, witness was
in habit OF getting up early I'D the
morning to do his work, defendant
and wife made arrangements to sleep
in haystack from that on, after he got
up defendant milked the COWS: Wit
ness had seen pistol at his home.
The pistol belongs to his wife. de-
fendant gave it to her, he stated the
barrel was cracked, saw it on the
commode in wife's room on Sunday
evening, June IL, on going to bed,
and also next morning when he got
up in same place. He had a bay
stallion on his place. Knew Swear
ingen, good worker, quick strong,
at night he would work apparently
the same as he would in the morning,
fast worker, first employed him on
first April, while he was there he
used Murphy's bay stallion and his
cart and harness, he used them after
the 18th of June: he left to take the
horse to a neighbor's for breeding
purposes. Kept his vehicles out III
the open between the house and the
barn, his house stands higher than
the barn, about 4 or 5 or feet pro-
bably. Swearingen knew where he
kept his bay stallion, on 9th OF June:
also where he kept his cart, Love had
hitched up stallion before: had seen
! two persons ride in cart: by pull
| ing board across prior to June 3.
He never knew defendant to own,
carry or use a pistol: defendant was
never arrested before: defendant was
born near Clemments.
Ross Young's wife is sister of
witness wife. Ross had seen Swear
lngen at their ranch. On Tuesday,
| n0T
worked Oh we'll digging it out: saw
we'll, went to Mr. Miners house.
Swearingen and Young stopping out
side, witness went there to change
clothes. On the morning of 18th June
Mr. Cooke was at witnesses place he
never got out of cart, saw man on
the railroad track and rode down to
get him to work: the mans name was
Duffy. Mr. Cooke wanted to hire him
for S1.50 he said he would not work
tor that Mr. Cooke gave him 81. 00
Monday after June 9th for the first
time: never saw defendant p epafing
food to put in bucket to be lifted up
with reins. Saw Love in the even
ing of Monday, coming up the yard.
He first walked up and said hello and
asked If any officers had been there,
they said mo-" he said has Jack
Kelly been there: he said the officers
were after him in Sacramento, he
walked up and had swan the river,
and then went back of picnic ground
to Murphys: he took his shoes off
went and had supper, and acted as
though he was tired.
That night his wife, defendant IS