Year: 1872

Two of the Johnsons were found in the
street, and one in Macs against the bar
all dead. Kentuck lay partly under the
billiard table with a large hole in his fore
head.


The combat ended, men went to their
usual occupations with many comments, but
little evidence of excitement; and now that
the coast was clear, Sheriff Smith arrived
and arrested Cap.


At the examination, the same afternoon
for justice was swift those days-the fol-
ing testimony was elected;


That given by Jerry Parker, who had
heard the words of both parties in front of
Macs was most important. Among the
miners the whispers of SANDER against
woman's name was thought justification
for homicide; and that alone, without the
personal abuse heaped upon Cap, would
have insured his discharge.


1t was also asccrtained that only two of
the brothers had fallen by the Caps hand.
The other had been seen exchanging shots
with Kentuck, just before he staggered
out of the saloon, and it was thought the
two men died at nearly the same moment.


Jerry Parker testified that Cap, while
coming up to the express office, had been
insulted repeatedly by the Johnsons, who
were stationed at the different saloons, wait
ing his arrival; that he turned after he had
passed and walked quietly up to where the Z
I, a1 G1,l
countenance, and in calm natural voice,
told them he did not wish to be drawn into
trouble: the stain Of two homicides-forc-
ed upon him-already darkened his name
among the people; they knew that, al
though the victim of one was their brother,
he had taken his life for no ill-will-not
until he had used every means to avoid
violence, and had been forced from every
attempt at paciication.


~ bear no malice toward you, boys"
said Cap, "and hope you will go away and
allow me to pass in peace" This was ut
tered without giving the slightest attention
to frequent Interruptions, such as "coward-
ly cur p "No fight in him. "Takes
water like spaniel!" Cap now betrayed
some excitement, adding in tone slightly
raised, 81 tell you men not to molest me;
have been unfortunate heretofore, and
will not be forced into another of those
affairs" The Johnsons interpreted the
manner of utterance and meaning of the
words expressive as of fear, grew louder
in their abuse, employing the most Often
sive epithets, and finally made some coarse
allusion to Dawn. From that moment
until the end of the tragedy he was insane.


Cap was discharged; but the next Grand
Jury indicted him for manslaughter,
certain members of the gambling fratern-
ity, which was then powerful and respect
able, and of which the Johnsons were
prominent members, having worked stead
lily to that end. The required bail was
furnished, and Cap still lived with us; but
the interval till the day of the trial was
the darkest and most unhappy in our lives.
Dawn now devoted all her thoughts to him.
Her life was changed from impulse to quiet,
and the whole atmosphere in which she
moved continually associates itself in my
mind with the idea of whisper in an
empty hall.


When the day of trial came, she took
her hat and went away alone over the hills
toward Cottonwood, and did not return till
evening.


The testimony, that day, was about the
same as that taken at the examination,
only that new feature was developed by
the cross questioning. Attorney Knight,
seeing his best and perhaps only opportu-
nifty to convict, attacked the strongest point
in favor of tho prisoners acquittal, with
the question concerning the relations ex-
listing between Cap and Dawn, intending to
show that she had no honorable claim upon
him strong enough to give him the right to
take another's life in defence of her good
name.


When the character of the testimony
was becoming more delicate every moment,
the prisoner, unable to bare up any longer,
requested, through his counsel, to be per-
mitted to make statement. This request
being granted, the prisoner stood erect, and
said.


81 have not asked this privilege for my
own sake, but for hers. had resolved
never TO tell this story; but the circum-
stances of the last few hours have combin-
cd to force it from me. 1t will remove all
doubts as to the purity and innocence of
the poor child; whether or not II improves
my own name matters but little now.