Year: 1866

ed Tom there and showed about and went IN
to a kind of scuf1e, across the floor to tn


show case, from there scuffled back toward


the door, and somehow into door, don't know


how when scufled that way a piece the


then turned and went out the other way t


that alley towards the bar and got Just int
the entry-they came out towards the doc


and then I heard the report of the pistol, snC


then they parted right away. Didn't see tht
FIRE come from the pistol Saw smoke raise


Cant say saw the pistol Saw something II


Mr.. @. hands that looked bright COULDN'T
tell what It was. That was after they had


parted. My brother and the Marshal had
hold of them. I had ordered Miller the


Marshall to take them out. Saw him came
IN after fight commenced. Think they had


hold of them in order to part them when


they fred. Did not watch marshal to


see that he did what I requested. It was


all so quick done that I could not have a


chance to notice him very particularly


Think it was about the time of the firing that


they had hold them. As quick as Am


brose met him he started up and had him by


his right arm about his neck and bent down.


As quick as Ambrose let him go, he started


up and stood there. talked few words


with the deceased. He was hunting for his


hat. They told him to come without his hat:


he said he could not, and would have his hat
before he went or cap, it was. It lay back


of stove, and he was going to stoop down to


pick it up and gave it to him. Didn't TO
| tice any blood, but noticed FIRE about his


breast think. Don't say there was any strik-
ing done after they clinched. Didn't hear


any conversation between the parties. Could


not tell that Ambrofe was armed. Didn't
see any weapon in his hand.


@. E-As Conner came in, was standing


behind the counter facing the door so as to


see Conner distinctly. When he first opened


the door he simply opened it little piece to


look in. Think at the 6rst opening Of the


door he could not have seen where A remain


ed sitting. When questioned about it be-


fore I said didn't know. Since that to sat-


isfy myself went to the door and opened


it about as far as Conner did and I couldn't


see. He might have opened it wider but


would not be positive. As he was closing it
a little he turned his head and saw B'k'T.-


He slept in a step or two. .Bk'r stood as if


be didn't want to see him. Don't know any
reason why he didn't wsnt to see him. He


didn't make any answer, and continued to


look at G. when @. turned his back.-There's
stove pretty near the center of the room.


Mr. G. slept in about half Waybetween door
and stove, cant tell how far a couple of steps,
suppose-then A. caught him. Don't know
how he got there-there were some three or
four steps between them. Showed him aginst
the wall On east side Of door. When Q. rose
up so that I could see his face thought his
eyes were pretty well gouged as though be
had his fingers in them. Don't know how far
Z IL, ~ Il T1rna
round the eyes, There was blood there
There's a door in the back entry that leads
out Of the house. was behind the counter
during the fight. About the time they start
ed III that entry came out got between the
stove and counter and was going to help part
them myself John offered to part them and
saved me the trouble. I said Part them ;"
B'k'r said, "no damn them let EN- 6ght. =
Could not tell exactly what time in evening
this was between and 8 o'clock think had
the lamps lit. Cloudy weather 1 think
There was a drum on the stove. Several
persons in at time Of firing; didn't notice who
came in. Ambrose seemed to have Conner
down under him. Think he was gouging
him in the eyes but don't know.


Objection being made to introduction Of
testimony to show what Harmon's conversa-
ton was with C's little daughter, the judge
said: I don! know what witness said to his
daughter, but suppose it is evidence in the
case, for purpose Of showing the opinion Of
witness. The witness being examined on
that subject has made statement about it.
1t is proposed to show, that in fact it was a
different statement for what he said, and
with the view Of showing the feeling Of
witness towards the defendant, it would be
competent but as usual evidence in the case !
it is not competent. I think it would be
competent to show what the witness 81. said |
upon this occasion with the view Of showing |
what his feelings usually are towards defend |
ant. don't know that such evidence is con- |
fined to examination of the witness himself !
I don't know but that it would be cCmpe- |
tent as an Independent proposition by way |
of affecting the witness as to his state of feel
ing.


Witness.-He told her that he had met her
pap some place that morning and had little !
fuss with him. He felt around as if hunting |
a revolver and says he "If he ever draws /
a revolver on me I will shoot him." He !
stepped back from the little girl this way |
and says he: "I am going to shoot that
Damned daddy of yours if he ever draws
revolver on me-" This was in morning Of
same day. Don't know whether BIT was
drunk when c. met him or not; but will
say think he was.


DR.. MUssoN.-Am acquainted with defend
ant. Reside in st, Paris. Was acquainted
with deceased-Tip. Ambrose. Have heard
him called Cornelius Ambrose. Signed his
name G. Ambrose I was standing in the
street called Springfield St., in the afternoon
Of Monday, May 28, when heard a noise
as it were from the grocery Of
Mr. Leffel, and about the same time the word
u fight" I went at once to the west win
dow that faced Springfield street and looking
in saw Mr. A and Mr.. @. in contact, fighting,
scufling as it were. In a short time saw
Ere proceeding from the mouth of a pistol held
in the hands of Mr.. G. The FIRE issued from
the muzzle OF pistol held in both hands bent
toward the bowels Of Ambrose. Heard the
report Of the pistol In a very short time
after saw AS clothes on FIRE in line cores
bonding with the muzzle Of the pistol. a
short time after I extracted the ball from the
Of the back bone. l saw Mr..
A. some two three times rather strike,
claw at or attempt to strike Mr.. Conner
Notbino very severe about it; no heavy
striking rather a clawing. 1t appeared to me
hat I'd Roberts had hold Of A, and John
Miller was standing rather over G, and reach
d ',. cut towards Ambrose. That was the up
Der portion of the fight. The pistol attract !
n nv attention very much. It was the l
dominant impression in the case Just be
ore the firing took place I think parties had
,old of them but not certain. A very short q
ime after the firing, they were parted. Mr.. /
filler brought Conner out and be turned o
rouud after he was out with the pistol in his o
igbt hand. Mr.. c. and A. were taken across 3
o the Mayors Office by Miller and Roberts
IN making en- examination of the wound ,
here I pronounced it mortal and ordered I
tretoher to be brought Knew that he had d
ften stopped at Bu+kheimer's and ordered