d  not  think  Barney  intended 
to  hurt  him.  Asked  why  he  did  not  separate 
them,  he  said,  “I  was  too  drunk;  I know  what 
these  d d family  rows  are ; I don’t  interfere.”

I asked  Mungall  to  show  his  hands;  he 
was  too  drunk;  he  showed  no  blood  either  on 
his  clothes  or  his  person.

The  killing  occurred  on  the  night  of  the 
23rd  or  the  morning  of  the  24th.  I was  ac- 
quainted with  the  brothers,  have  known  them 
for  nine  or  ten  years.  Jimmy  was  dead  when  I 
arrived.  When  I arrived  deceased  was  lying  on 
the  bed.  Mungall  and  Barney  were  outside.

I arrived  about  10  p.m.  on  Friday,  the  24th. 
It  is  about  16  or  17  miles  from  Silver  City  to 
where  the  homicide  was  committed.  I didn’t 
bring  in  any  of  the  tools,  the  constable  brought 
them  in.  My  conversation  was  had  with  Barney 
prior  to  his  arrest.  He  stated  that  Scotty  hadn’t

a d d thing  to  do  with  it.”Charles  Campbell  testified  as  follows:  ‘T 
was  on  the  Mangus  the  23d;  I am  acquainted 
with  Barney,  Jimmy  and  Scotty.  I was  helping 
Barney  and  Jimmy  to  crib  a well ; about  3 
o’clock  we  went  to  Mungall’s.  We  drank  some 
whiskey.  After  leaving  there  I went  to  the 
Circle  ranch  and  did  not  return  until  next 
morning  about  7 o’clock.  I found  Jimmy  on 
the  floor  and  Barney  and  Scotty  on  the  bed. 
I waked  them  up  and  asked  them  what  was  the 
matter.  I received  no  answer.  Jimmy  was 
breathing  yet.