The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1923-07-05

that, lost. The writer hurrying up
the street heard a man, in most
mournful voice exclaimed: "Did you
see it? God! it was awful" Eyes, ,
we replied, "that was an awful
fire." Fire, hell" he yelled Eyes,
no, that man just fell and spilled
whole gallon of perfectly good whis-
key" and a dusky form was still
standing in the darkness moaning,
while the fremen passed on their
way to the club rooms where hot
coffee was being served.-Gardner-
vile Record Courier.
body was lying at the edge of the
trail and about seven or eight feet
from the Tompkins fence. That
after viewing the body he ordered
it removed to the Ruiz ranch where
an inquest was held. Later the
body was brought to the Carlson
undertaking parlors, where he held a
post-mortem, removing from the
chest and neck 81 small shot. He
estimated that there were a total of
SO shot wounds in the chest, neck
and face. That these shot wounds
were not centered within a small
area but were somewhat scattered.
He testified that when the body
was found the right hand clutched
pistol, the forefinger being in
side of the trigger guard and press
ing against the trigger.
Sheriff Brady followed DR.. Giroux
as witness and testified that he, ac-
companied by Deputy Sheriff Perry
Boyd, had discovered the body of
Mrs. Tregaskis lying beside the
trail where she had fallen when
shot. That the right hand of the
dead woman was clutching a pistol,
the forefnger being pressed against
the trigger. That after viewing the
body, he and Boyd had proceeded
to the home of Tim Tompkins and
placed him under arrest. Upon
searching the house he discovered
the double-barrelled shotgun which
fompkins admitted had been used
m the shooting. The shotgun con-
salneQ TWO lOaueu SHellS.
Cross examined by Attorney War
rem, for the defense, sheriff Brady
testified that Tompkins told him
that he had fred one shot over the
head of Mrs. Tregaskis and that the
next shot he fired killed her. Sheriff
Brady also testified that Tompkins
had called his attention to a bullet
mole in his left sleeve and in his
shirt pocket, also a big tear in his
shirt at the waist band which he
claimed was made by bullet. He
then showed the sheriff a place on
mis- thigh where he said bullet
had struck him and which was
covered with coagulated or dried
blood and that this dried blood
also covered part Of the leg below
the wound.
The pistol which was purported to
have been used by Mrs. Tregaskis
and found clutched in her hand
when the body was discovered was
offered to Sheriff Brady for identi-
ication. The sheriff identified the
pistol as being the one discovered
in the hand of the dead woman
when the body was found. Prosecut-
ing Attorney Wilson then asked that
this pistol be admitted as evidence
for the state. Attorney Warren,
for the defense Immediately OBJ
jected on the grounds that the pis-
.ol, without the cartridges or empty
shells which had been in it when
found, could not properly be ad-
mitted as evidence.
In an endeavor to put the evil
dence for the state before the
court in a way that would be ac-
cepted by the court and the at
torney for the defense, Prosecuting
Attorney Wilson demanded of
Sheriff Brady the whereabouts of
The shells and cartridges taken
from the pistol and was informed
BY the sheriff that he, Brady, had
performed his duty by bringing
hem into the court room and that
hey were then lying on the table,
It which the prosecuting attorney,
he court, witness, and attorney for
he defense were seated and were
within the reach of the prosecut-
ng attorneys hand.
The prosecuting attorney, after
he identification by Sheriff Brady
If the two loaded cartridges, each
,earing the mark of firing pin, and
he three empty shells, as being
hose taken from the pistol found
the hand Of Mrs. Tregaskis,
PRESENTED these shells and cart
idges, together with the pistol, as
violence for the state. Attorney
Warren for the defense, after the
hange, by the prosecuting attorney,
. the way the evidence was pre-
ented, withdrew his former obiec-
lion.
Tim Tompkins, the defendant,