Weekly journal-miner., 1908-12-09

noi intend to inlurc sullivan, stating | that he meant to shoot through Sul- liyan's hat but had not allowed enough elevation 10 escape hitting on Irish
 man lump of vcu,r,iiou.
 Spence was also charged with shoot | ing at William Thomas with Win chester rifle. . few years ago, immc
 diaely west of the city limits Tnom
 as was not hit and Spence was found
 not guilty of the charge.
 In his instructions to the jury Judge
 Sloan occupied twcnty.one minutes.
 He covered every point raised in the
 ease and clcarely defined to the jury
 the different classes of homicide as
 laid down in the statutes. Legal de.
 fnitions of murder in the first and
 second degrees and manslaughter were
 explained thoroughly so that every
 member of the jury and tne audience in the courtroom which was filed to overAowing all afternoon understood
 every aspect of the crimes classcd as
 homicide.
 Relating his version yesterday from
 the witness stand Spence testified that
 he had resided at the ranch where he
 shot Sullivan since the latter part of
 1880 ar the first part of 1881. He said ! taat he had sold the ranch to Sullivan
 last December or January with the un- | .t...tu,I,u,, d. ,k.. h, r.iuin
 of it a year. Two weeks before the
 shooting Sullivan returned to the ranch from Mexico. He allowed Sul livan to stop ir the cabin with him. "I was sitting in the cabin near the
 fireplace reading. October 222, when ] Sullivan came in storming and yelling.
 asking me why [ had turned the
 horses into the corral. He had q large knife in his hand. He came to. , wards me threatening that he would !. cut out my heart. 1 arose and placed ,. back within reach of my rifle grabbed [ it. After calling to him to stop twice n | fired. He fell across the chair and [ tilted into the fire in the fireplace. , pulled him out of the fireplace witG n his head towards ;hc door. I locked
 the cabin and rode to the sheriG's of fee. where gave myself up 10 tho , sheriff.
 On cross examination he said thai Sullivan acted like n crazy man wher
 he attached him with the butcher knife and also admitted that he hat told several people that he intended to go to Panama after he sold th' ', ranch to Sullivan and was going h,
 airship from Panama to South Africa
 He maintained that he was to retail
 possession of the ranch year afte v nc sold it to Sullivan and that hi N time to vacate the premises had no :" arrived the day of the shooting. 10 Dr. !. B. McNally testified that h '' identified the dead body of Sulliva '' in the morgue the day after the shoot
 ing. From his knowledge of gunsho IT wounds ne gave as his opinion tha 't the wound in the back of the head wa rt the entrance of the missile or bulle 'e that caused Sullivan's death. He b, lieved the wound was made by bu
 let and the wound 10 the left of tn Il. left eye was made by the bullet in |, r. exit He said that man standin i'd erect when shot in this manner woul le ordinarily fall forward and that deat pr would be instant or in few second d Dr. Looney was recalled to the wi of ness stand and substantially corrob, n. rated the evidence of pr. McNally. ,d For the defense Dr. Warren F. Da 10 testified that he had examined th n. wounds in Sullivan's head three an is half days after the shooting, aft' C. the body had been prepared for b' 10 rial. He said that the wound to tf y left of the eye was the entran' n- wound made by the bullet and tt
 wound in the back of the head nc, pt the base of the brain the exit. Il In admitted 49 years experience as er physician and surgeon, serving to such during the civil war. He explain iy cd that the bullet had entered to Il hs left of the left eye, giving as re to son that the destruction of tissue VI Ny greater in that wound than the one
 the back of the head and explainir he that Sullivan's skull was very thin on that the hole made by the bullet in " skull of this character would he larg he than in a harder or thicker skull. | gh said that the entrance hole of bulle m. was generally moro ragged and jagg' " than the exit wound.