liminary hearing, Scotty was discharged, and…

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case that nearly all of the jurors had formed or expressed opinions in regard to the guilt of the defendant, but the defense adopted the liberal though bold plan of challenging no juror who would say that he could render a fair verdict after hearing all of the testimony. The testimony for the pro- secution was substantially the same as was brought out at the preliminary trial, a full ac- count of which has already appeared in the Enterprise, and we merely allude to it again. It appears that Jimmie Kerr, the deceased; Barney, the defendant, and Charley Campbell were at work cribbing a well on the defendant’s ranch. Peter Mungall, whose ranch adjoins, visited them several times, bringing with him whiskey, of which they all drank. At about four o’clock in the afternoon the party adjourned to Mungall’s cabin, where the demi john was passed around quite frequently. It appears that Campbell started to get some water from the well, but fell asleep on the trail.

chunk 768 · paragraph 764

th him whiskey, of which they all drank. At about four o’clock in the afternoon the party adjourned to Mungall’s cabin, where the demi john was passed around quite frequently. It appears that Campbell started to get some water from the well, but fell asleep on the trail. Scotty after- wards took a bucket and started for water, found Campbell asleep, woke him up, and then became unconscious himself, remembering no more until he was awakened the next morning about 7 o’clock, when he found himself lying in bed with Barney, the latter having a number of wounds on his head and very bloody, while Jim Kerr was lying on the floor, also very bloody and dying from wounds on the head. The dying man was lifted into the bed and soon afterward expired. Barney seemed to be in a semi- conscious state nearly all day. When the coro- ner’s inquest was held at about 10 o’clock that night, Barney told several that he had his brother’s blood on his hands, that it was a sad affair; that no malice was intended and that it was done and couldn’t be helped, and further- more, said that Scotty hadn’t anything to do with it. The wounds on the deceased’s head had been inflicted by a heavy blunt instrument like a crowbar. placed in jail.