Elko independent. [volume] (Elko, Nev.) 1915-current, 1915-11-18

questions intelligently and promptly
and was allowed TO testify. She said
that she retired shortly after O'Clock
that evening. About half an hour al
terward she heard somebody whistle
near the southeast corner of the sa-
loon. Shortly after she heard some
one call her father and he got up and
went into the saloon. Her recital of
what occurred afterward in the sa-
loon. was the same as the other wit
nesses. She saw Woods in the sa-
loon after the shooting and described
his hat and pants the same as her
step-mother. Miss Bates was asked
about a conversation she had with the
defendant about week after the
shooting in which he said to her: IF
j had shot your father. / would have
gone there like man and not sneak
ed up" This conversation was objec-
ted to by the defense and the Jury
was excluded from the courtroom
while she detailed il to the court.
Judge Breen overruled the objection
and the jury was called in Miss
Bates then detailed the conversation
TO the jury.
These three witnesses told
straight forward story that the cross.
examination of the defense failed to
shake. Neither of them showed any
ill-feeling against the defendant while
on the stand.
The next witness was w II. David
son. He said that he first met the de-
fendant on the 4th of July at Wheel
er's saloon. He was asked about
conversation he had with the defend
ant three days before the shooting.
The defense objected to the conversa.
ton and asked that the jury be en-
cused. The jury was excused and
Davidson said that on the evening of
the 25th. three days before the kill
ing. he had conversation with the
defendant AT Whceler's corral i'm which
Woods asked him if Bates was at
home, and that he replied that Bates
had gone TO Idaho. Woods then said:
Il intended 10 get the s. O. b to-
night. but | have TO go to Tccoma to.
morrow and he can wait"
Judge Breen Overruled the objection
of the defense and the jury WAS called
in. Davidson then detailed the con-
vcrsation TO the jury. He was put
through a gruellinS cross.eXamination
hU Mr.
bis story.
This forenoon the witness Wycoff,
generally known as "Crowbar." was
the first on the stand. His testimony
had little bearing on the case and was
of slight Importance further than II
brought out that the defendant was
well liked in that vicinity and stood
well in public estimation.
The next witness was ]. Dunn. and
while he seemed very reluctant to
ten all he knew. the fact was brought
out that he heard a shot the night Of
the tragedy which was followed short
ly after by second shot. Then he
heard footsteps running toward his
tent and Immediately afterward the
defendant passed carrying gun He
did not know whether il was shot.
gun or rife. The defendant was
then going from the direction of Oh
lie Bates saloon toward the Wheeler
saloon, The witness was sure that
he had not taken anyone else for the
defendant. A few minutes later Woods
returned without the long gun and
without his coat and asked If the wit.
ness had seen anyone running by
there to which the witness replied
mo-. The defendant then stated that
Ollie Bates had been killed and that
Dunn and his wife had better 90 up
to the saloon o. He said he was going.
up.
Several days later i'm speaking of
the tragedy the defendant said In sub
stance that the gun" meaning the
shot gun in Wheeler's saloon, had
hung up on him and that accounted
for the second shot the night of the
tragedy"
Up TO the present time the testi.
mony of Dunn has been the most dam.
aging introduced.
% O..