The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1910-09-29
Will CLOSE WOTEN
PRELIMINARY TODAY

JUN AAoAhhOS 40 othi ChS06
ing the attention of Judge Robins.
f IS. Reber, who was on the stand
at the time the Silver State went to
press Tuesday, testified that he
was in bed in his tent when he
heard the shooting simultaneously he
heard q voice he recognized as Holmes ,
exclaim: What is the matter with
you, you d foolf" The first shot
was that of a light calibre revolver,
while the two shots which were fred
Immediately afterward were made by
a gun of much heavier calibre. When
he got out of his tent, however, Holmes
was surrounded by number of people.
Charles d. Lowry followed Reber on
the stand. He testified that on the
morning after the shooting Woten had
stopped to speak to him, Lowry, while
he was working on his wagon. Woten
said: "Well, we had one of the cid
southern happenings last night.
Lowry asked him how that was and
Woten then told him that he had killed
the marshal. He, Lowry, thought
Woten was joshing and suggested as
much, but the latter repeated that he
had killed Holmes. 81 had to do it,
was what he said. Lowry didn't ask
him any questions as to the details of
the shooting and nothing further was
said, except that as he went away,
woten added that if che thought they
were after him, he would be making
smoky trail" Lowry's testimony was
in no way shaken by cross examination.
DIR. Joseph B. Hardy then took the
stand. On his direct examination by the
district attorney he stated that he
had performed the autopsy on the body
of the deceased. He had found two
bullet wounds, one through the left
arm, below the elbow and the other in
the abdomen. This latter in its passage
through the body had perforated the
spleen, shattered the spine and com
pletely severed the large aorta causing
an internal hemorrhage, which was the
immediate cause of death. He could
not find the bullet which, in his opinion,
caused both of the wounds. Witness
then went on to relate what he knew
of the shooting and created consider
able amusement by his testimony. He
said he was at the National hotel at
the time with some friends. They had
Just entered the barroom from the
office when the door of the barroom was
opened and a man named Rosey rushed
in. At the same time there was the
flash and report of gun outside.
Thinking that some one was shooting
at Rosey and considering himself in
very exposed position, the doctor said,
he ducked behind the safe in the office.
Just as he was rushing for cover he
saw two more flashes and heard two
additional reports in quick succession
outside All hands rushed outside,
where on the porch they found the al
most lifeless body of Holmes, who died
within a few moments after he had
been carried into the hotel.
On examination of the deceased a
small revolver, which had not been dis
charged, was found in his coat pocket
and a large Colts was picked up right
beside the body. The doctor was posi-
tive in his statement that the first re-
port was much lighter one than the
two later ones and that the flash of
that first shot was in the direction of
the hotel, while the flash of the two
shots was away from il
C. F. Duval and r. w. Thaler were
the next witnesses Duval 8 testimony
was unimportant. Thaler, after relat-
ing lot of facts that had absolutely
no bearing on the case, then gave tes-
iimony which tended to show that hard
feeling existed between the two men,
specially on the part of Holmes
gainst Woten. He said that Holmes
had repeatedly spoken to him about
Woten. On one occasion, some time
before the fatal day, Woten passed by
them, as they were standing on the
street, and Holmes referred to Woten
in terms that are unfit to print, and
said that, if he did not sober up, he
would put him in the chain gang. On
another occasion, when speaking of
Woten, Holmes remarked that there
was lot Of stealing going on, and that
"the next time he saw any one coming
out of tent he did not know, he wal
going to shoot and then holler STOP
Thaler denied that he had at any time
told Woten about the declarations OF
Holmes.
George Lynch, George Walters ant
George Brown followed in the orde
named, the latter being on the stan,
at a late hour this afternoon. 1t is ex
pected that the evidence will all b.
in before the adjournment this even
ing, after which all the testmon,
must DO transcribed, and a decision /