Semi-weekly herald., 1908-04-30

He was positive that the last shot
from Walkers gun was not fired from
the empty she'll
Nine or ten guns We're brought from
Graham's hardware store. one shot
having been fired from each. for the
purpose OF testing the Witnesses claims
and he was given them one after the
other and asked TO state what kind OF
powder had been used. He was pretty
certain In most cases and doubtful in
some cases-doubtful enough SO that
he would not state positively what
| kind had been used
| a recess was taken. during which
the district attorney told Rowe Pin
grey not to remove the several guns
from the court room. Ben Russell took
| the grip containing the guns and told
Pingrey TO take them out. Pulliam
| complained about this to the court,
| but Pingrey was allowed to take them.
Knapp said he had used no paper
in examining the barrel of Walkers
| gun. and then he started to used a
paper in examining one of the guns
yesterday. To this the defense OBJ
lected. but the objection was over
ruled
When court convened at Q o'clock
DIR. John IIaggart was tie first witness
called. stating his age and experience
etc. as a physician and surgeon. He
described the wounds found on Walk
er's body the morning after the kill
ing In an autopsy held by himself and
DIR. Davis. Two had entered the neck
and ranged downward about an inch.
Three balls entered the back between
the shoulder and spinal column, rang
the evidence by DR.. Haggart that the
| angle OF the bullets In the back were
at greater angle or slope than those
In the neck, and he gave 1t us his
opinion that two or more shots had
been fired. with Walkers body laid
out straight he had been able to
probe the wounds In the neck, run
ming probe clear through The
wounds in the back had been traced
by using knife. The balls entering
the back passed through the lungs and
Into The side. Witness stated the
lungs were in very bad shape. show
ing tuberculosis. liver enlarged and
heart very small, Indicating q very
bad condition. The bullets passing
through the lungs had caused inter
nal hemorrhage and two quarts OF
blood We're taken from the cavity
These wounds naturally kept the
wounds In the neck from bleeding so
| profusely. The witness stated, has-
ing his opinion on the physical con-
| dition of deceased, and the nature of
| the wounds. that he could not have
moved after falling when he was shot.
| Or, Haggart used the dummy and
Mr.. Pulliam to illustrate direction OF
| the bullets.
On cross examination DIR. Haggart
| said 1t was possible that with the head
turned sidewise that the bullets might
have entered the back and neck from
the same shot, that there was not a
great deal OF difference in the angle
OF the bullets and much would de-
pend on the position
on direct question DR.. Haggart said
| II the. head had been turned when the
| bullets entered il would have been I'M
possible for him to run probe
| through the neck, and for this reason
| he believed two or more shots were
| fred
DIR. A. H. Davis was next called,
| stating age. occupation and expert
eDce. His testimony was directly in
line with that OF Haggart, stating he
had held the autopsy In conjunction
with the first witness. DIR. Davis used
the dummy" and Mr.. Pulliam also in
explaining location and direction OF
the bullets and said from the nature
and direction Of the wounds he be-
| lieved two shots were fired.
| The defense did not cross-examine.
| James Martin, night policeman oil
Durango. was next called. His testi
mony was corroboratiye of that Civ
en- by Sheriff Clark. He said he was
In the Office Of the sheriff IN the court
house the evening OF the homicide and
heard Mason tell Clark that he had
been informed who the party was al
the shaft. Mr.. Martin stated Mason
said he fred two shots.
Martin was not cross-examined.
Lee Sheek OF Hesperus took the
stand Told about visiting the shat
along with several others on Nov 3
the day OF the shooting. Did not go tt
the shaft until after the arrival of the
officers. Saw the body lying on bacl
with hands to side. Blood spots wer,
several feet away. Said he saw Ma
son the night before In Cunningham
saloon shaking dice.
On cross.examination Sheek admit
ted he had made application. for pc
sitlon with the government and tina
he had also been given letter t,
J Major Randolph OF Mesa Verde paTl
! 90. ka T..