The tree was standing about one hundred…
source date: 1888
availability: public-domain

The tree was standing about one hundred feet up from the creek on a very steep moun- tain. Mr. Hayes intended the tree to fall down the hill, but through a mishap it fell in an oppo- site direction, the top of the tree striking a large boulder above, breaking off the top of the tree and permitting the heavy trunk of the same to dash down the mountain, catching and dragging Hayes fifty feet or more, when he was hurled over a precipice fifty feet. The poor man man- aged to make his way to Cooney’s house when Dr. Kimble was summoned. However, no in- juries of a fatal character were discovered excepting a fracture of the right arm and one rib. Up to the third day Mr. Hayes was con- sidered in a fair way to recover, but on the evening of the 18th he became worse and died in convulsions while being turned over in bed by Jas. Lynch. Shortly after his death there was circulated a report that his wounds were not sufficiently critical to cause death. Hints of poison were freely mentioned to the effect that it had been administered through mistake. Deputy H. E. Penney at once summoned the following jury: James Lynch, T. F. Cooney,