Sam. Greer then testified to being an eye witness of the deed. Heard the first shot, did not think anybody was hit; told Keene to “hold on,” when he saw Slater fall over; did not hear any words spoken by either of the parties; did not know for certain whether the prisoner was the man who shot Slater.
Prisoner—I am the gentleman.
Dr. Palmer said that when he made an examination of the deceased he did not find a pistol in his scabbard.
Sam. Greer—The pistol was put into my hands, and placed behind the bar by me, after the shooting took place.
Charley Greer (sworn)—I have been sick lately, and was too excited to make any close observation; was not more than three or four feet from the party killed, when the shooting occurred; thought the man was shooting at some dogs in the saloon.
Charles French (sworn) says: Came down street, stopped first door below Lyon’s barber-shop, at the clothing store of Barned; saw a man coming up the street towards Greer’s saloon; heard some one cry, “Don’t shoot, John; you’ll hurt somebody.” Soon after, saw the man shoot; thought he was only firing off his pistol to scare somebody; but he saw the deceased man fall, and the other go down street and turn into an alley. Don’t know the man that fired the shots.
Q.—Is this the man?
A.—Cannot tell; it is too dark. (A candle was brought) I think it is the same man; I am pretty certain it is.
Dr. Palmer again testified: The deceased was shot over the right eye; never spoke, and died in three minutes after being shot.
James Binns, (sworn)—Was on the opposite side of the street; heard the first shot fired; and saw the second one. Heard Greer say, “hold on,” and saw the man fall over, and the other man go through the alley.