The Ely miner., 1937-09-30

WnaC seems TO nave gone OF
here?" Shafer asked Amos.
Judge" said Walt Amos, "since
this ruckus on Short Crick there's
been a lot of people trampling
around there, cumming up the evi.
dence. So we made deputies o1
Pinto Halliday and Kid Bender, and
we sent 'em to Short Crick to keer
fellers out of there. Now yesterday
this Wheeler come prowling around
there, and when the Kid told him to
beat it, he wouldn't go. The Kid
tried to argue with him, but this
feller got tough, and they had
words. The upshot was, Wheeler
drew his gun and fired. He"
Wheeler broke in. swell, Of al
the Internal"
Keep quiet" said Shafer. The
"a men exchanged glances.
"Well," the sheriff went on, 'he
didn't hit anything, but the flash oi
the gun was right under the nose Of
the Kids horse, and she rared over
backwards on him. The Kid come
out of it with concuSSion of the
brain, fracture of the leg and two
busted ribs. I got his sworn state
ment here"
"Now, now! You can't put that
in," Wheeler objected. EITHER you
have to let me cross-examine him.
or you can't put in his statement
at ALL"
''Well, We'll see what it says, any
way" Shafer decided. "Justice is
what we're after here!"
Amos now produced and read
aloud Kid Bender's statement
repetition of his own.
"You got any questions, Wheel
err"
Wheeler was appalled,. It had not
occurred to them that Bender's peo.
pie would attempt so baldfaced a
lie. What had started out as sam
pie of irritable officiousness had
suddenly taken on unknown posi-.
bilities. Angering, Wheeler prom.
ised himself that once Horse Dunn
was extricated he would clean house
in this county if it took half of al
he had.
"The Kid isn't here to be ques.
toned" he snapped.
"I'll call Pinto Halliday" Amos
said.
The lanky Halliday came out of q
corner reluctantly, looking lima.
tured; and swarthy cowboy who
had no official business there was
persuaded to give Halliday his seal
at the table
Under the questioning of Walt
Amos, Pinto Halliday now stated
that he had been in a different part
of the Short Creek cuts. Being down
in the arroyo, he had not seen the
shot fired; but he was riding to joir
Kid Bender and he had ridden uI
out of the cut in time to see the Kid
down under his fallen horse, and
Billy Wheeler with a smoking gun
in his hand.
Pinto" Amos said, twas there
anybody else with Wheeler?"
Miss Dunn, here, was with
Wheeler"
"Look here" Wheeler broke ir
again. whats the idea dragging
her into this?"
well leave her out if you will, u
Amos said.
Hes got a right to drag in any.
body he wants to-" Shafer gave his
opinion, $50 long as it's competent
and material. And constitutional D
"Did Miss Dunn say anything?'
"Miss Dunn rides down and Jumps
off her horse, and she wipes of
Kid Bender's face with her hand
kerchief. And she looks square al
this jigger and she says, There
wasn't no excuse for it, she says -
Billy Wheeler looked at Marian
The girl sat with her cheek leaned
upon one hand; her face was quiet
her eyes sober and watchful.
"That's ALL" said Amos.
'What's the idea," Shafer asked
Wheeler sternly, pulling a gun or
an officer?"
Wheeler ignored him. Halliday"
he said, chow far away were you
when you heard the shot fired?"
'I'd say about 300 yards"
"Yet right away you saw this
smoke from my gun-three hun.
dred yards away? That gun sure
must have sent up smudge!"
''By the time came out of the
cut I was closer-not over a hun.
dred yards
''How long after the shot was
that?"
''I'd say about five seconds
"What'n you take for the horse?'
"Huh?"
eff that horse went 200 yards anc
climbed out of a draw in five sec
onds, he sure must be streak o1
light"
"Well, maybe it was ten or fifteer
seconds"
''And what did you say I hac
smoking in my hand, all this timer
"a gun, by God!'
Shafer looked doubtful. "Well-
what you got to say, Wheeler"
81 plead self defense, Judge, y
said Wheeler. "Kid Bender made q
surprise draw; I grabbed his Bit
and raised his horse up to make
him miss. But it was his own CUR
going off that made his horse &c
over. pulled my gun and stood
ready in case he took another shot
at me; but didn't fire, then or any
time"
"What was the idea resisting ar
officer in the first placer" Shafel
said.
1.-THE only thing I resisted was
getting shot,"
''Well, call your Witnesses"
"I'm not calling any,"
Shafer looked surprised; he
glanced at Marian Dunn. 81
thought"