The defense called for the first witness, P. H. Smith, who said he had been in the employ of McCall four months; that he was not a man of quarrelsome disposition; that he had always considered him a man of good character; that he (the witness) had been introduced to Wild Bill in Cheyenne, and drank with him; that the deceased had a bad reputation, and had been the terror of every place in which he had resided.
H. H. Pickens said that he had known defendant four years, and believed him to be a quiet and peaceable man. Wild Bill’s reputation as a “shootist” was very hard; he was quick in using the pistol and never missed his man, and had killed quite a number of persons in different parts of the country.
Ira Ford had known the defendant about one year; “like a great many others, he would go upon a spree like the rest of the boys.” Wild Bill had the reputation of being a brave man, who could and would shoot quicker than any man in the Western country, and who always “got away” with his antagonist.
The defense called several others, the tenor of whose evidence was but a repetition of the foregoing. No attempt was made to show that Wild Bill had ever seen the prisoner.
The prisoner was called upon to make a statement. He came down from the stage into the auditorium of the theatre, and with his right hand in the bosom of his shirt, his head thrown back, in a harsh, loud and repulsive voice, with a bull-dog sort of bravado, said: “Well, men, I have but a few words to say. Wild Bill threatened to kill me if I crossed his path. I am not sorry for what I have done. I would do the same thing over again.” The prisoner then returned to his place on the stage.
The prosecution then adduced testimony to prove that Wild Bill was a much abused man; that he never imposed on any one, and that in every instance where he had slain men he had done so either in the discharge of his duty as an officer of the law or in self-defense.
The case having been placed in the hands of the jury, the theatre was cleared, with the understanding that the verdict should be made known in the saloon where the murder was committed. The prisoner was remanded to the house where he had been imprisoned during the night. At 9 o’clock the following verdict was read to the prisoner:
Deadwood City, Aug. 3, 1876.—We, the jurors, find the prisoner, Mr. John McCall, not guilty.
CHARLES WHITEHEAD,
Foreman.
The prisoner was at once liberated, and several of the model jurymen who had played their parts in this burlesque upon justice, and who had turned their bloodthirsty tiger loose upon the community indulged in a sickening cheer which grated harshly upon the ears of those who heard it. The first vote taken by the jury resulted in eleven for acquittal and one for conviction, and the single man who desired justice was so intimidated by his fellow-jurors that he was induced to sanction the iniquitous verdict. It was even proposed by one of the jurymen that the prisoner be fined fifteen or twenty dollars and set free.