Los Angeles herald., 1905-03-04
SHOT IN DEFENSE
ASSERTS NJ 'CLURE
ACCUSED MINER TELLS STORY
OF KILLING
Comrades From the Desert Thron1
the Court Room TO Watch the
Prisoners Fight for
Freedom

Scores Of miners thronged Judge
Smiths department of the superior
court yesterday to listen to the testi-
n1ony against John Mcclure, the grlz-
zied old prospector who is on trial foI
his life, charged with the murder Of
Jerry O'Shea, young Irish stable
hand, and p. Tsodicoff, one of the
proprietors of the Exchange stables.
Prospeetors and claim men. their
faces bronzed with exposure to the sun
and their clothing in keeping with
their trade. spent the entire day in
the court room, looking with feelings
of pity and sympathy upon the de-
fendant, who sat next his attorney and
took an extreme personal interest in
the fight for his life.
Mcclure took the stand in his own
produced by the defense.
Tried on One Charge
Only the testimony in the case of
the murder of Jerry O'Shea was per-
nitted by the defense, as Mcclure is
at present being tried upon that
charge alone.
IT sold that team to Bennett on Fri
day, December g." began the old man.
after having slouched to the witness
chair. IT told him at the time where
he could fine me on Stephenson avenue
in case the deal did not suit him, and
as turned to go I went to pick up
the halter which 1 had put on the
desk. The halter was gone. Tsodicoff
halter to lead my burros with, as
intended making a prospecting trip a
few days later to the north of Cali
fornia.
while Bennett was out of the room
Tsodicoff demanded some money from
me, saying that he had secured the
sale for me, but 1 would not give him
any and he left.
II returned twice to the place for
my halter and each time had some
trouble with Jerry O'Shea, who seemed
to have taken dislike to me. On the
IAOHbely lOliONluS Tie SctlG VI lIlc OuL-
fit l again went to the stable and de-
manded my halter from Tsodicoff."
At this time the killing of Tsodicoff
took place and the court directed the
witness to omit that part as having
nothing to do with the killing Of
OShea. Mcclure then took up the
story of the shooting of the young
Irishman.
Tells of Shooting
after the shots O'Shea came toward
me with pitchfork. He attacked me-
calling out, You old .' At that
l drew my revolver and fired. l could
not get out of the way because of my
wooden leg" said the defendant, as he
took off his shoe, and rolling up his
trousers displayed the artificial right
member to the jury. 'and O'Shea
leaped upon me. knocking my gun our
rolled on the floor. got out my knife
and stabbed him until he let go of me
and that was all there was to it,
DR.. Campbell was then called to the
stand and asked whether a man, who
had first been shot in the manner of
the victim could have been capable
of putting up a fight afterwards.
HE would have been unable to stand
up after the shot entered his body.
Besides, man, no matter how badly
injured, unless actually unconscious.
will avoid being stabbed in the same
place twice, and from the stab wounds
in O'Sheas body I am ready to swear
that the man never moved during the
stabbng and that the blows were
struck while the body was quite still"
was the testimony of the doctor.
District Attorney Fleming opened the
argument for the prosecution, and it
is expected that the case will go 70
the jury this afternoon.