June 17, 1899 (4 pages)

fomann’s m’s Beemmercialf10-tf lomann’s a alee ‘omen hoes re willing sk or Ten, atly done abow Burns could not be a. reaponsible witness and he seems likely to “to succeed in his effort. Show His Mind is Affected. eb. ~ Seana of the. ‘Murderer’ s Relatives \ Were Sent to the Insane* Asylum. ~ Interest in: the Cae Is. Jncrensing:Beecch ‘Bani Tells a Fanciful Story From the “Black Cat, Ay ai . ment was ta en until this morning at 10 o'elook. “Defense Introd uces “Wittesses to. _. sub-division «1, section 1880, code df . granted leave to do 80 in spite of the Upon the reussembling of the Super ior Court this morning the first witness . galled was Francis N. Burns, The . prosecution interposed an objection to . bis testifying, basing the objection . on civil procedure. The District Attorney said he would demand the. right to ask some preliminary questions and he was objections of Mr. Tyrrell. Power: ‘Lama miner, prospector and civil engineer. I have brought capital into the county, Mr. Preston,-Mr. Coleman and others could tell you. I ‘told you I did not know ag. I would testify here, as the President might want mé to go as a scout to Manila, I would not go unless I might go as head scout, for which I asked, A whistler is different from a machine man. Prof. Langley of the Smithhim, Known Moore since 18 well, Ithink he is amb . ‘on: one . , known Ed Moore well about 34 years. points. He gets ina dispute and goes . I don’t think, he is of sound mind. He . . crazy, He thinks people want to’ 1hworked in, the’ early 70’s for jure him, His moth ch in the Moore family. 1i766,he worked” with me at Meadow ‘Lake: He wore 'a coat and two shirts working in the hot He would tell strange stories of — how people persecuted him when there . To” Mr. }-was nothing in it. He was when a boy afraid all the time meueniars ‘WAS after him. Cross-examiued: Of late years I have . seen himajwo or three times a “year. Saw him last two. years. ago” nes 5 get excited like any crazy man would When he ‘got off like that it would pass away a” liftle later and he would know nothing about it, If I had my way he would have been Lput behind the bars thirty years ago. sun, Antone’ vitae. of Moore's Fiat He} ep vate 6 trons, ‘wrong—not at all I think be wae éff on,-all. sab-, times. Hoe 'was worse of late He was always flighty. He was PP, Simonds, attorney, said: Meas very bright in some things—a fine mefor ipstance y At the opéning of tale BE Sg see. ,Sion 8. T. ‘Murehie was called: Have told me it was worked aldne in a stope and was waye talking to himself.The engineer was . his friend, but he got the notion the engineer wanted» to kili him. He told of parties ‘putting up jobs to harm him. Always carried a pistol. He had it mining and hewing poles, When some anonymous. “letters. were circulated {around town and he was convicted, I took it as another evidence ne had wheels in his head. _ Oross-examined: Don't intiow whether those letters were filthy letters he wrote to-iadies:he had -spites against, Never knew him to have trouble with, Constable Scott, Constable Dillon ar, Andrews’ dog. The engineer was Hugh =F deel er James Kinkead,‘or about shooting Mr. sonian Institute while experimenting ad cy The seneation of the day da Alia’ Moore case was the fairy-tale that ‘District Attorney Power drew out of Francis N. Barns when the ‘latter was put on the stand by Lawyer Tyrrell to testify that he (Burns) saw the killing from bis room in the Morgan & Roberts block and that Kilroy and not Moore was the aggressor throughout. The District Attorney did all this The story that Burns told abont the whikglers, machine men, etc., is like one that. reGently ‘appeared in the Black Oat mes where he evidently read it. Upon the reconvening of ‘court. at three o'clock yesterday afternoon the . map of the State was withdrawn gpon objection of the defense, District: Attorney Power ssying. he. wanted no error in the casa. Robert Gates ‘re-called: Am sure Kilroy had no cane when he and I were talking on Broad street the night of the killing. Attorney Tyrrell made his. opening statement: We propose to show there are two sides to this case. We will prove that Moore has lived alone in a cabin for twenty years. He is a peculiar man, His. peculiarity has become a delusion on some matters. He left his gabin on the night of the killing between 7 and 8, came to Eilers man’s saloon and stayed till midnight. Just before closing Kilroy came in and talked with Hilerman, ‘then all went out. Kilroy claimed the shutters had not been closed by Moore the night before. Moore said he closed them. Kilroy called him a liar. Moore weat down to the Herald corner. Kilroy and Gates had gone ahead. Kilroy came back and called him a thief, saying he had threatened to kill him. He’ had his pistol in his hand. Moore said he had said he would kill him if he didn’t quit following him. Kilroy called him a —— thief and said he had a mind to run him in any way. They separated. Moore called to Kilroy that he dare not arrest him, but said jhe would have the officer arrested in tbe morning? Kilroy came back, took him by the shoulders, put his thumbs against Moore’s windpipe. and began shoving him back. Moore feared he was to be killed. Then came the firing. Moore's mind as to that part is a blank. We will show Moore has been demented for years, haunted by. strange fears, We will show be was hurt on the head when a boy of six; he was struck by.a tree; that ten years ago he was struck on ‘the bead with a windlass; that later he fell from a borse and again sustained injuries that would tend to prove him insane; will show that insanity is tainted in the blood; that uncle of father died of insanity in Hlinois; that a brother of the father has been confined in the asylum at Reno for twenty-four years past; that ‘the father has a sister who has a son insane; thut a cousin is confined at Agnews; that his mother died insane; that he had been hounded and dogged by the officer and that it effected his mind so that he believed the officer was always after him; ander these cir-4) ‘twith flying machines is bothered by T feel friendly to the Moore family. ~{ Marchie or Bill Myers. , I do not ‘told J, 8. Landsburg in front of Dické 7 go.” by his wild actions, Then he shouted in the lawyer’s sar, “Ho gaid, ‘You will whistlers. He got a long hollow glass tube and tried water, paper and other things to make’ it work. It would erman’s drug store that all I wanted to see was to: savé Moore’s neck. I told the Sheriff I want to save him from the know whether Moore khew ‘rent from wrong. I/ think he does sometimes and sometimes, not. ©. F.Lobecker, taifor at Giana Val‘blinds when I left there so Kilroy . tricity isa good thing if operated by ‘to and objection -sustained.) « * Kilroy: acid out of the head. not live to have me arrested:”} Then I . carry sounds well, but not so well as was struck on the head ‘and I remem-. other things. . He finally carried sound ber nothing further. I always carried . from the garret to the cellar. IT gm a pistol. I was afraid~of my lite. 1. bothered by whistlers. They put acid knew that people here wanted to do. ina man’s brain. Fitzsimmons had it me up. put‘on him once at El Paso, but would Cross-examined: I never closed the not have it again for $100,000. Eleccouldn’t'see in, {Defendant was asked . skillfal operators, but not by’ ‘unskillif he ever robbed thesaloon, Qbjected. ful operators. Hot water will take the Some of the; shook his flet in my face when he called . whistlers who have their machines on mea liar. Rilerman was talking with . me know of this killing. Anything as Mullen and did not see it. Kilerman . loud as that talk should know that stepped fa ‘berween: us. Kilroy put his Hawkshaws are detectives. They are hand in his hip pocket. Kilroy went; more or less confidence men. Some down the street ahead. I went a min-!are square, some low and vulgar, The ute or two after, first having a talk . inquisition should know something halter on his father’s account. I think life imprisonment would be right. Re-direct! Iknow he is crazy as he can be. ae Fred Eilerman called: Have’ part wooden and part glass doors in my saloon.People can see: right through and seeinside. Kilroy went down the street ahead of Moore some distance Moore stood there as I left. William H. Murchie, miner and teamster,sworn: Have known Moore since in the 60's. Hé has worked for: nie. { don’t think he is a man of sound mind. He is always imagining that he has enemies, When he was. working for we in the: 70’s he imagined. the brakesman wanted to let a car down on ley, sworn: Knew Moore well here some 18 years. Always thought him queer—of unsound mind. © Used to be around his cabin a good deal.’ Would hear him talking to himeelf. He would carry a revolver, even going down into a mine,even when working alone. At. , tines I heard him talking with imagiMary persons. He imagined people were in the mine blowing his candle out when really ndbody was there. He had a way of ringing bis mine bell, then would go up and hoist his car. He thought people were throwing things into his water ditch and pamp. Cross-examined: He was very deaf. He had dogs around the house. His conversations by himself seemed as across the street from me. with Eilerman. ,When I got to Snell & Fleming’s Kilroy ran back to me from half way across the street. TI have & notion to arrest you, you —— thief.” I told him to go away, that I wanted no trouble. trouble. I didn’t notice his pistol in second and third time. I don’t know why he put it away. He put it under, his coat as he was leaving and got half He was sideways to me as he stepped off the walk. He then ran back saying, “Pi ran. yon in, PiLarrest you, you’ Pid I told him to keep away, I wanted notrouble with him, He suid I wouldn't shoot anybody: He walked off nearly across the street. I started diagonally across the street telling him I would have him arrested tomorrow, calling him‘a dirty Irish pup. He came rushing back: and grabbed me, I don’t know where his-#istol was. I didn’t. see it. He put his hand on my shoulders but once that I know of. The witnesses who saw him put them on three times are mistaken. I carried a pistol because J was followed, my dogs poisoned, my property destroyed, and { have been shot at a couple of times. I was strnck on my head on the right side. I was nearly choked and don’t know whether Kilroy did it. I remember nothing more. My head was swelled up afterward, a week or So. [At this point his honor severely rebaked some men in the audience for faughing. He said it was a murder trial, not a free show.}] I remember nothing of shooting or getting away. T was close to the cabin in the water in the creek. when I first remembered anything. I weit-in, packed up my things and left. 1 feared a@ mob was after me.’ I picked up the cans on the road. I remember taking my guns for self protecton. Texpected the mob to overtake me at any time. I knew the feeling of the town. I did not give myself up to Sheriff Getchell because I did not know just what I bad done, I don’t know how I knew the way to travel. I just wandered around. I didn’t know just where I was going. I first realized what I had done when I jwas told at Murtinez. Did not cal) Kilroy a dirty Irish —— ——. I didn’t give myself up to any Sheriff on the road because I knew none. I*cannot tell you why I thought a mob was following me. I made applications for warrants for other people and could not get them, and I knew I could not get one for. Kilroy. I held no grudge _ used aug ear trumpet. Have lived -in my cabin since 1879. The night of March 30th shortly before I was leaving Eilerman’s. Kilroy came in and said to Eilerman J: had left the shutters closed the night before, Hilerman told me. Larry Mullen said be saw me leave them open. Kilroy told me I was a liar, shaking bis fist in my. face. I told him I would kill him if he didn’t quit hounding me, He and Gates were standing on the cross-walk towards jLammon’s when I got to the Herald “corner. “me. He sprang towards me: tow Kilroy came. “toward him. the defense proposes _ ‘to! Kilroy came to me, called‘me a thief ¢ and said he had a mind to rua m3 in, I told him be couldn't run me in—that I would have him arrested next morning for drawing a pisto} on! {Attor‘torney -fFyrrell told him to oe C) {against Kilroy for following me up. I "lfelt friendly toward him. I was so at Martinez 1 do not recall who cei alc wade Wn. Moore ld me there I had killed Kilroy. I know: ‘nothing after leaving bere till I got toa flat country. I then realized. Ta had a row with somebody, but didn’t know what. I did not’ at the corner tell. Kilroy ‘I would kill bim, ‘He did not come up and put his hands on my shoulder to speak in my ear and I did not shoot, twice. {There was a dispute between the attorneys about reading an interview given at Martinez ‘by Moore, and only a portion of it was declared admissable by Judge Nilon } Witness denied remembering jhaking a statement in the county jail here. ‘The prosecuting attorney then: asked for an adjournment on account of his. voice, but the defense objected, and the examination went on. George D. Buckley, the attorney, said he knew W. H. Kilroy during his term as nightwatehman. A question regardin what manner the deceased made sprang at the lawyer, grabbing bine by ting ‘arrestes waa ruled out. Attorney she shoulders and creating @ sensation said he sags to show that Kilroy Of the Supreme power. When . could reach the higher power. jhe came back he said, “I will do you up. ‘He put his pistol. you. The government has: machines it . away after I told him I didn’t want any . can put on any man—a barkeeper for his hand when he came up to me the. I have had enemies hound me and preI never injured anybody. about this-affair. I could not tell:you No machinery There is mind telegraphy. I don’t know,these whistlers. Detective Morse of the Uz 8. Secret Service and others might tell instance, and tell just what he is doing. him and kill bim. alone in his own mine, where he had a shaft 70 feet deep, he would Joad the . car, ring the bell from below, then go ap and hoist the car. had confidence in anybody. He was afraid of every body. 4 carry bis pistol down into a° mine or When working’ 1 don’t think he @ would always though he was abusing some person ‘Did not know. of his” having trouble with neighbors in those days. W. ©. Greeley said: Have known Moore since he was a boy. there was something abgqut him -different from other boys. He wanted to be Continued on second page. . — H vent. my carrying operations through I was in Agnews Insane Asylum. To Mr. Tyrrell—The information I have read from books.and papers. What I know of the killing [ saw myself, — Mr. Burns ‘was excused bas the courtroom. A copy of the wodiuatiaant in 1893 of Mr. Burns to the asylum from Alameda county, for hopeless -insanity, was offered by the District Attorney. Mr. Power said he wanted to call Dr.) Tickell, who had examined Burns at his request, but the doctor had been called to North San Juan and would not return till noon. This branch of the trial went over. ‘Larry Mullen was called: Am a miner. On the night of March 30 saw Moore and Kilroy in front of BHilerman’s. ‘ Kilroy called Moore a liar. I stepped back because I was afraid of getting hurt. Icouldn’t hear all that was said. Gates was not there then that I could see. Kiltoy and Moore went down street as I left. The shutters were: open the night before, although Kilroy said they were not. . Cross-examined; Kilerman was there all the time. I am so deaf I could not hear well. Iwas afraid something would happen. I went up Broadstreet. I heard the three shots soon after. I did not go' back becausé I had tio business there. I didn’t think there had been any trouble. I was sober that might. I had two five cent beers and they would not makean old man like me drunk. On May Ist I made an affidavit in your office that Kilroy said “you are . a liar,” or “you lie.” i C. W. Kitts, the Grass. Valley attorney, was sworn: Have known Moore since 1870. My opinion has always been that he is not well balanced. While perhaps not what might be called an insane man;be is not sane. Cross-examined: Have not spoken to him the last five or six years. Be-. fore that I knew bim well. L[.conld not . say whether he knows right from . wrong. I think he does. I think even dumb animals do. Frank McCutchan, miner, Nevada City,sworn: Known Moore well long as I can remember. I always considered . him “queer.” dicated it. His actions around his mine and his -talk were peculiar. Several times he has toid me people in town had it in for him. He would start working in his mine at three p. m. work till eight of nine,then go to town. In some respects I think he was bright, in others queer. * Crossexamined: Some times he is deafer than at othertimes. He worked bis mine queer}y. Officer Scott is one ' of the men he said had it in for him. I think in some cases, not all, Moore His general actions in-. — knows right from wrong. Have nottalked with any persons about being . witnesses in this case and reported to. Mr. Tyrrell, Have no particular rea-, son to see this ease go for Moore. Was more friendly to Kilroy than Moore. . “Hon. J. M. Walling sworn: Known Moore since about 1872. He used to} live near me; I have never believed him quite right mentally. 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fomann’s m’s Beemmercialf10-tf lomann’s a alee ‘omen hoes re willing sk or Ten, atly done abow Burns could not be a. reaponsible witness and he seems likely to “to succeed in his effort. Show His Mind is Affected. eb. ~ Seana of the. ‘Murderer’ s Relatives \ Were Sent to the Insane* Asylum. ~ Interest in: the Cae Is. Jncrensing:Beecch ‘Bani Tells a Fanciful Story From the “Black Cat, Ay ai . ment was ta en until this morning at 10 o'elook. “Defense Introd uces “Wittesses to. _. sub-division «1, section 1880, code df . granted leave to do 80 in spite of the Upon the reussembling of the Super ior Court this morning the first witness . galled was Francis N. Burns, The . prosecution interposed an objection to . bis testifying, basing the objection . on civil procedure. The District Attorney said he would demand the. right to ask some preliminary questions and he was objections of Mr. Tyrrell. Power: ‘Lama miner, prospector and civil engineer. I have brought capital into the county, Mr. Preston,-Mr. Coleman and others could tell you. I ‘told you I did not know ag. I would testify here, as the President might want mé to go as a scout to Manila, I would not go unless I might go as head scout, for which I asked, A whistler is different from a machine man. Prof. Langley of the Smithhim, Known Moore since 18 well, Ithink he is amb . ‘on: one . , known Ed Moore well about 34 years. points. He gets ina dispute and goes . I don’t think, he is of sound mind. He . . crazy, He thinks people want to’ 1hworked in, the’ early 70’s for jure him, His moth ch in the Moore family. 1i766,he worked” with me at Meadow ‘Lake: He wore 'a coat and two shirts working in the hot He would tell strange stories of — how people persecuted him when there . To” Mr. }-was nothing in it. He was when a boy afraid all the time meueniars ‘WAS after him. Cross-examiued: Of late years I have . seen himajwo or three times a “year. Saw him last two. years. ago” nes 5 get excited like any crazy man would When he ‘got off like that it would pass away a” liftle later and he would know nothing about it, If I had my way he would have been Lput behind the bars thirty years ago. sun, Antone’ vitae. of Moore's Fiat He} ep vate 6 trons, ‘wrong—not at all I think be wae éff on,-all. sab-, times. Hoe 'was worse of late He was always flighty. He was PP, Simonds, attorney, said: Meas very bright in some things—a fine mefor ipstance y At the opéning of tale BE Sg see. ,Sion 8. T. ‘Murehie was called: Have told me it was worked aldne in a stope and was waye talking to himself..The engineer was . his friend, but he got the notion the engineer wanted» to kili him. He told of parties ‘putting up jobs to harm him. Always carried a pistol. He had it mining and hewing poles, When some anonymous. “letters. were circulated {around town and he was convicted, I took it as another evidence ne had wheels in his head.. _ Oross-examined: Don't intiow whether those letters were filthy letters he wrote to-iadies:he had -spites against, Never knew him to have trouble with, Constable Scott, Constable Dillon ar, Andrews’ dog. The engineer was Hugh =F deel er James Kinkead,‘or about shooting Mr. sonian Institute while experimenting ad cy The seneation of the day da Alia’ Moore case was the fairy-tale that ‘District Attorney Power drew out of Francis N. Barns when the ‘latter was put on the stand by Lawyer Tyrrell to testify that he (Burns) saw the killing from bis room in the Morgan & Roberts block and that Kilroy and not Moore was the aggressor throughout. The District Attorney did all this The story that Burns told abont the whikglers, machine men, etc., is like one that. reGently ‘appeared in the Black Oat mes where he evidently read it. Upon the reconvening of ‘court. at three o'clock yesterday afternoon the . map of the State was withdrawn gpon objection of the defense, District: Attorney Power ssying. he. wanted no error in the casa. Robert Gates ‘re-called: Am sure Kilroy had no cane when he and I were talking on Broad street the night of the killing. Attorney Tyrrell made his. opening statement: We propose to show there are two sides to this case. We will prove that Moore has lived alone in a cabin for twenty years. He is a peculiar man, His. peculiarity has become a delusion on some matters. He left his gabin on the night of the killing between 7 and 8, came to Eilers man’s saloon and stayed till midnight. Just before closing Kilroy came in and talked with Hilerman, ‘then all went out. Kilroy claimed the shutters had not been closed by Moore the night before. Moore said he closed them. Kilroy called him a liar. Moore weat down to the Herald corner. Kilroy and Gates had gone ahead. Kilroy came back and called him a thief, saying he had threatened to kill him. He’ had his pistol in his hand. Moore said he had said he would kill him if he didn’t quit following him. Kilroy called him a —— thief and said he had a mind to run him in any way. They separated. Moore called to Kilroy that he dare not arrest him, but said jhe would have the officer arrested in tbe morning? Kilroy came back, took him by the shoulders, put his thumbs against Moore’s windpipe. and began shoving him back. Moore feared he was to be killed. Then came the firing. Moore's mind as to that part is a blank. We will show Moore has been demented for years, haunted by. strange fears, We will show be was hurt on the head when a boy of six; he was struck by.a tree; that ten years ago he was struck on ‘the bead with a windlass; that later he fell from a borse and again sustained injuries that would tend to prove him insane; will show that insanity is tainted in the blood; that uncle of father died of insanity in Hlinois; that a brother of the father has been confined in the asylum at Reno for twenty-four years past; that ‘the father has a sister who has a son insane; thut a cousin is confined at Agnews; that his mother died insane; that he had been hounded and dogged by the officer and that it effected his mind so that he believed the officer was always after him; ander these cir-4) ‘twith flying machines is bothered by T feel friendly to the Moore family. ~{ Marchie or Bill Myers. , I do not ‘told J, 8. Landsburg in front of Dické 7 go.” by his wild actions, Then he shouted in the lawyer’s sar, “Ho gaid, ‘You will whistlers. He got a long hollow glass tube and tried water, paper and other things to make’ it work. It would erman’s drug store that all I wanted to see was to: savé Moore’s neck. I told the Sheriff I want to save him from the know whether Moore khew ‘rent from wrong. I/ think he does sometimes and sometimes, not. ©. F.Lobecker, taifor at Giana Val‘blinds when I left there so Kilroy . tricity isa good thing if operated by ‘to and objection -sustained.) « * Kilroy: acid out of the head. not live to have me arrested:”} Then I . carry sounds well, but not so well as was struck on the head ‘and I remem-. other things. . He finally carried sound ber nothing further. I always carried . from the garret to the cellar. IT gm a pistol. I was afraid~of my lite. 1. bothered by whistlers. They put acid knew that people here wanted to do. ina man’s brain. Fitzsimmons had it me up. put‘on him once at El Paso, but would Cross-examined: I never closed the not have it again for $100,000. Eleccouldn’t'see in, {Defendant was asked . skillfal operators, but not by’ ‘unskillif he ever robbed thesaloon, Qbjected. ful operators. Hot water will take the Some of the; shook his flet in my face when he called . whistlers who have their machines on mea liar. Rilerman was talking with . me know of this killing. Anything as Mullen and did not see it. Kilerman . loud as that talk should know that stepped fa ‘berween: us. Kilroy put his Hawkshaws are detectives. They are hand in his hip pocket. Kilroy went; more or less confidence men. Some down the street ahead. I went a min-!are square, some low and vulgar, The ute or two after, first having a talk . inquisition should know something halter on his father’s account. I think life imprisonment would be right. Re-direct! Iknow he is crazy as he can be. ae Fred Eilerman called: Have’ part wooden and part glass doors in my saloon..People can see: right through and seeinside. Kilroy went down the street ahead of Moore some distance Moore stood there as I left. William H. Murchie, miner and teamster,sworn: Have known Moore since in the 60's. Hé has worked for: nie. { don’t think he is a man of sound mind. He is always imagining that he has enemies, When he was. working for we in the: 70’s he imagined. the brakesman wanted to let a car down on ley, sworn: Knew Moore well here some 18 years. Always thought him queer—of unsound mind. © Used to be around his cabin a good deal.’ Would hear him talking to himeelf. He would carry a revolver, even going down into a mine,even when working alone. At. , tines I heard him talking with imagiMary persons. He imagined people were in the mine blowing his candle out when really ndbody was there. He had a way of ringing bis mine bell, then would go up and hoist his car. He thought people were throwing things into his water ditch and pamp. Cross-examined: He was very deaf. He had dogs around the house. His conversations by himself seemed as across the street from me. with Eilerman. ,When I got to Snell & Fleming’s Kilroy ran back to me from half way across the street. TI have & notion to arrest you, you —— thief.” I told him to go away, that I wanted no trouble. trouble. I didn’t notice his pistol in second and third time. I don’t know why he put it away. He put it under, his coat as he was leaving and got half He was sideways to me as he stepped off the walk. He then ran back saying, “Pi ran. yon in, PiLarrest you, you’ Pid I told him to keep away, I wanted notrouble with him, He suid I wouldn't shoot anybody: He walked off nearly across the street. I started diagonally across the street telling him I would have him arrested tomorrow, calling him‘a dirty Irish pup. He came rushing back: and grabbed me, I don’t know where his-#istol was. I didn’t. see it. He put his hand on my shoulders but once that I know of. The witnesses who saw him put them on three times are mistaken. I carried a pistol because J was followed, my dogs poisoned, my property destroyed, and { have been shot at a couple of times. I was strnck on my head on the right side. I was nearly choked and don’t know whether Kilroy did it. I remember nothing more. My head was swelled up afterward, a week or So. [At this point his honor severely rebaked some men in the audience for faughing. He said it was a murder trial, not a free show.}] I remember nothing of shooting or getting away. T was close to the cabin in the water in the creek. when I first remembered anything. I weit-in, packed up my things and left. 1 feared a@ mob was after me.’ I picked up the cans on the road. I remember taking my guns for self protecton. Texpected the mob to overtake me at any time. I knew the feeling of the town. I did not give myself up to Sheriff Getchell because I did not know just what I bad done, I don’t know how I knew the way to travel. I just wandered around. I didn’t know just where I was going. I first realized what I had done when I jwas told at Murtinez. Did not cal) Kilroy a dirty Irish —— ——. I didn’t give myself up to any Sheriff on the road because I knew none. I*cannot tell you why I thought a mob was following me. I made applications for warrants for other people and could not get them, and I knew I could not get one for. Kilroy. I held no grudge _ used aug ear trumpet. Have lived -in my cabin since 1879. The night of March 30th shortly before I was leaving Eilerman’s. Kilroy came in and said to Eilerman J: had left the shutters closed the night before, Hilerman told me. Larry Mullen said be saw me leave them open. Kilroy told me I was a liar, shaking bis fist in my. face. I told him I would kill him if he didn’t

quit hounding me, He and Gates were standing on the cross-walk towards jLammon’s when I got to the Herald “corner. “me. He sprang towards me: tow Kilroy came. “toward him. the defense proposes _ ‘to! Kilroy came to me, called‘me a thief ¢ and said he had a mind to rua m3 in, I told him be couldn't run me in—that I would have him arrested next morning for drawing a pisto} on! {Attor‘torney -fFyrrell told him to oe C) {against Kilroy for following me up. I "lfelt friendly toward him. I was so at Martinez 1 do not recall who cei alc wade Wn. Moore ld me there I had killed Kilroy. I know: ‘nothing after leaving bere till I got toa flat country. I then realized. Ta had a row with somebody, but didn’t know what. I did not’ at the corner tell. Kilroy ‘I would kill bim, ‘He did not come up and put his hands on my shoulder to speak in my ear and I did not shoot, twice. {There was a dispute between the attorneys about reading an interview given at Martinez ‘by Moore, and only a portion of it was declared admissable by Judge Nilon } Witness denied remembering jhaking a statement in the county jail here. ‘The prosecuting attorney then: asked for an adjournment on account of his. voice, but the defense objected, and the examination went on. George D. Buckley, the attorney, said he knew W. H. Kilroy during his term as nightwatehman. A question regardin what manner the deceased made sprang at the lawyer, grabbing bine by ting ‘arrestes waa ruled out. Attorney she shoulders and creating @ sensation said he sags to show that Kilroy Of the Supreme power. When . could reach the higher power. jhe came back he said, “I will do you up. ‘He put his pistol. you. The government has: machines it . away after I told him I didn’t want any . can put on any man—a barkeeper for his hand when he came up to me the. I have had enemies hound me and preI never injured anybody. about this-affair. I could not tell:you No machinery There is mind telegraphy. I don’t know,these whistlers. Detective Morse of the Uz 8. Secret Service and others might tell instance, and tell just what he is doing. him and kill bim. alone in his own mine, where he had a shaft 70 feet deep, he would Joad the . car, ring the bell from below, then go ap and hoist the car. had confidence in anybody. He was afraid of every body. 4 carry bis pistol down into a° mine or When working’ 1 don’t think he @ would always though he was abusing some person ‘Did not know. of his” having trouble with neighbors in those days. W. ©. Greeley said: Have known Moore since he was a boy. there was something abgqut him -different from other boys. He wanted to be Continued on second page. . — H vent. my carrying operations through I was in Agnews Insane Asylum. To Mr. Tyrrell—The information I have read from books.and papers. What I know of the killing [ saw myself, — Mr. Burns ‘was excused bas the courtroom. A copy of the wodiuatiaant in 1893 of Mr. Burns to the asylum from Alameda county, for hopeless -insanity, was offered by the District Attorney. Mr. Power said he wanted to call Dr.) Tickell, who had examined Burns at his request, but the doctor had been called to North San Juan and would not return till noon. This branch of the trial went over. ‘Larry Mullen was called: Am a miner. On the night of March 30 saw Moore and Kilroy in front of BHilerman’s. ‘ Kilroy called Moore a liar. I stepped back because I was afraid of getting hurt. Icouldn’t hear all that was said. Gates was not there then that I could see. Kiltoy and Moore went down street as I left. The shutters were: open the night before, although Kilroy said they were not. . Cross-examined; Kilerman was there all the time. I am so deaf I could not hear well. Iwas afraid something would happen. I went up Broadstreet. I heard the three shots soon after. I did not go' back becausé I had tio business there. I didn’t think there had been any trouble. I was sober that might. I had two five cent beers and they would not makean old man like me drunk. On May Ist I made an affidavit in your office that Kilroy said “you are . a liar,” or “you lie.” i C. W. Kitts, the Grass. Valley attorney, was sworn: Have known Moore since 1870. My opinion has always been that he is not well balanced. While perhaps not what might be called an insane man;be is not sane. Cross-examined: Have not spoken to him the last five or six years. Be-. fore that I knew bim well. L[.conld not . say whether he knows right from . wrong. I think he does. I think even dumb animals do. Frank McCutchan, miner, Nevada City,sworn: Known Moore well long as I can remember. I always considered . him “queer.” dicated it. His actions around his mine and his -talk were peculiar. Several times he has toid me people in town had it in for him. He would start working in his mine at three p. m. work till eight of nine,then go to town. In some respects I think he was bright, in others queer. * Crossexamined: Some times he is deafer than at othertimes. He worked bis mine queer}y. Officer Scott is one ' of the men he said had it in for him. I think in some cases, not all, Moore His general actions in-. — knows right from wrong. Have nottalked with any persons about being . witnesses in this case and reported to. Mr. Tyrrell, Have no particular rea-, son to see this ease go for Moore. Was more friendly to Kilroy than Moore. . “Hon. J. M. Walling sworn: Known Moore since about 1872. He used to} live near me; I have never believed him quite right mentally. Cross-examined: So far as I have obrae bis ansonndness was mainly * ‘ : 4 MB asics cae on Beg Highest of all in Leavening’ Power.— Latest U.S. Gov’t Report oyal ABSOLUTELY PURE Baki Boking ee) The Latest‘ Cigar ! “ROSEBER Y.” At SCHMIDT BROS. A Fine (Saye?! errs) [ett] iat € e+ oe 3 Mouel eal ee 1 tes etry (Pe (eA) (cA (85) ae oro ios Fai} Megs! Mabel Maaeh Pais" Mauer] Pua?! Made") Patie’l Coae™l Maae? Breakfast Goods. 1p , Hu Frosh from the Mitts. —— a] H-O-Oat Meal, and Self4 Twin Bros. Mush, Our Mother’s Mush. Wheatine, Phoenix Flakes. me Germen, Rolled Oats, Oat Meal in bulk. =) Aunt Jemima’s Pan Cake Meal. . Morning Meal, and Flaked Rice. o pp <0 WA) Fora Quied L£ wheh--already coohed--Gry AT (ee . [i [a6 . eas (ewe?! a Beis 3 seqer. ewe” Pee [Soiga?. Sou”! Seye? [00s] [eet*,) [esl ls [<0] [ta] > Mob . Line Rising Buckwheat. Fretich Red Kidney Beans, 2 cans 25-cts. [Ru Kapp & Streets Canned Tomales, 2 cans 25 cts. Eid H Heintz’s Baked oeene. eee? 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