The Ordway new era., 1917-11-23

told him he had NO right 70 soi ~
Q.-When you told him that you
would no ideal with him what did ne
do and how did he appear? Al!
offended him and he made some kind
OF remark.
Ale sort of raised on the table
and said, YOU s--n OF D. I'll hx
YOU. He was drawing his gun and
whirled in the chair and he fired az
me.
Q.-Had you turned your face to
the north! A.-Yes.
O-What was Black doing when
Won began to shoot? Ale shot
first: then turned in my chair to
get my gun.
O-What move did you make?
Al swung to the left. CThe wit
ness then told of the shootingD
Potter came in? A.-ies.
] o.-Had he gotten to the room pe-
fore the first shot was fired? A.
Just about that time he passed me:
/ O.-How many shots were fired
by Black before you got your gun?
| A.-There we're two shots.
O-How far did you have to go
] to get your gun? Aust next to
the door.
Odd you get hold of your gun?
A-Yes.
o-what did you do? Al fred
at him.
O.-Were you afraid of him? A.
i was afraid he would shoot me;
and he was trying to shoot me.
o.-What was he trying to do?
A.-Trying to shoot me.
Q-How many times did you hre!
A.-Four times.
Q.-State. II you can tell, what
Black did when you fired the first
shot? A.-Still held on to his gun.
Q.-Do you know where the frst
shot hit him? Al do not know.
Q.-What did he appear to be do
ing? Al could not say.
Q.-Tell the jury why you shot
Q.-Why did you think 1t neces-
sary to shoot at him? Am self
defense.
Q-After you fired the fourth
shot what did you do? Al went
back into the other room where the
settee is.
Odd you say anything to Pot
ter? A.-Told him to call the sher-
if.
Odd Potter nay anything to
you about the man lying on the
floor? A.-Yes
Q.-Was the phone used? A.
Yes.
Q.-By whom? A.-Potter.
Q.-State whether or not Potter
went out of the room with you? A.
He went ahead OF me.
Odd some one come after
awhile? A-Yes.
Q.-How did they come? A
They came after Potter called them.
Q.-State the different ones who
came? A. Griffin. Pendergrast
and Campbell, and later on Riley
came.
O.-State whether or not you or
anyone else touched the body or put
near it? A-No.
Q.-Any whisky bottle? A.-No.
Q.-Any scabbard? A.-No.
Q.-Any gun? A.-No.
Q.-Are you acquainted with Mrs.
Hazel Black? A.-Yes.
Q-With Mrs. Kate Enyart? A.
Yes.
Q.-Were you in Nebraska City
at the time of your brothers death?
A-Was not at the time of his death,
but at the funeral.
Odd you hear the statement
made by Mrs. Black about you being
in their house? A-Yes.
Q.-State whether or not, on the
occasion you mention, or at any time,
you told her or her mother or the
deceased, in words or in substance,
that if anyone came to Colorado they.
would go home in box? A.-No
sir.
Or that you had money
enough to buy the court of Nebras-
ka? A.-No.
Q-Were you in the house of Mrs
Katherine Enyart at the time of your
brothers funeral? A.-No; they
would not even let me see my
brother.
Q.-Where did you stay while you
were there? AT hotel.
Odd you ever make a threat
against Black? A.-No sir.
Odd you ever have an idea of
killing him before he made this as
sault on you? A.-No.
Q.-Were you in Colorado during
last summer? Al was gone quite
a long time.
Q.-What time did you leave? A.
In May.
Q-when did you return? A.
In August.
| Q.-Are you married? A.-Yes
CrOss-Examined by Jessen
Q.-Did you go direct to the Ord
/ way Auto company when you came
/ IN town? A-Yes.
/ Q.-About what time was that?
| A.-Eight or 9 o'clock.
Q.-Did you use phone from
there? A.-No.
] Q-Did you call up La uJnta or
Rocky Ford? A.-No.
Q.-Had you an appointment with
your nephew? A.-No
Q.-When you threw this gun into
the auto did you have any particular
purpose? Afl.-No; it was custom
ary.
Odd Won have any narticnlar