Weekly journal-miner., 1908-12-16

omc and doctor.
 Testifying to the shooting scrape between himself and Conroy October l2, 1907, he said that it took place 240 feet distant from his house. He was working in tunnel a short dis. tance away and between s and 10 O clock in the morning heard bell ring in front of the tunnel Coming out he saw flock of goats running mp the hill in the direction of the house. He started to drive the goats back when Conroy addressed him, say. ing, "I'm herding goats today and if you interfere with them m kill you. l" He (Ilurley) went to his house l5O feet distant and coming out with his pistol, started again Co drive the goats back when Conroy again addressed him, shouting, "Draw your gun and shoot, I'm ready" firing almost in. stantdy. Conroy shot a second, third and fourth time and disappeared, de. fendant next seeing him considera. ble distance away. Defendant admit. ted being wounded in jhe leg and breast in this affray.
 He also testified that during the month of August preceding the shoot. ing in October, 1907, Conroy met him on Little Oak Creek, where he, defen. dant, was engaged in making a water appropriation. Conroy asked him why he abused the Conroy children, which witness denied. Conroy then said: "lf you ever do it again, m kill you and have - good notion to blow your head of right now" Conroy was then armed with shotgun. Defendant in the course of his tes. timony said that he never did any. thing to the Conroy goats except drive them away from ditch 1,270 feet in length through which water flowed to his house which was used for do. mestic purposes. He declared that he did not want the goats around muddy ing the water and that he didn't like the smell of goat. He always drove them away when he found them near his place or ditch.
 The April before, Hurley said. Con. roy drove the flock of goats by the Hurley house and invited him to "come out half way" Hurley refus- ed to go out for the reason, he ex. plained, that he did not want any trouble.
 On another occasion, Hurley said that Conroy drove the goats over his water ditch. He objected and Conroy said that the brush was good around there and that he would herd his goats. "I told him then," Hurley said, "that l did not want any trou- ble with him as he was too poor a man to pay fine"
 Hurley admitted that he had 30-30 calber Winchester rifle, an automat. ic special rifle of .35l caliber, shot. gunt and a pistol in his house, but de- clared that he had never stated to Ralph King that he had purchased any of the weapons to kill conroy.
 His version of the tilt with Mrs. Conroy, the day before Conroy was killed, was at variance with the evi- dence she gave from the witness stand. Hurley said that he saw Mrs. Conroy the day previous to the killing and that the goats were in q creek 200 feet from the house. He threw rocks at the goats. She told him to stop throw ing the rocks and he answered that she could not drive the goats through there. She was 100 or l50 yards dis
 tant from him at this time. This wal
 between II and l2 o'clock. He saw Mrs. Conroy again in the evening pass
 ing along the trail 90 feet from his
 house. She had n rolled magazine in her hand which she placed to her eye he says. as she passed She did mol utter a word as she passed along or
 her way home.
 He denied ever shooting at her ol , any of the children or the goats, al though he headed them of severn times from crossing his ditch. F. II. Carpenter testified that he wal , engaged in doing assessment wor' l near the Conroy place in July, 1902 He stopped at the Hurley place short time and later moved to Littl' Oak Greek, a half mile below the Con ! roy place. He met Conroy at sprint 100 feet distant from Conroy's hous 5 and Conroy asked him, "Where is E' Hurley" following the query with tn !, statement, "I want to kill the ol' ----." Cross examined, Carpen , ter said that he did not mention thi [ conversation with Conroy to anybod, { until he read of the tragedy in th newspapers"
 l Dr. Leavengood gave expert test mony concerning Hurley's wounds