Show THE DEFENSE REST defendant iiii lakes the daml i binl III ills Staten statement jent Dani aKing aging Xvi evidence dence low amy losell by the prosecution illon but strongly ugly ro lo on oil wednesday morning tile the trial was resti nied ulie tile objection nilsen riia eil v tylnn ile tl alo 0 court adjourned as to m heaber tile actions of defendant on oil january lolli vero ecru incompatible with unconscious niba were overruled in reply tho dietor said lie thought tho person might inight have ft a gueld UK id interval ol of consciousness Q do oil think tile tho injury deafen dalit ITT iVed when liavaa eleven care old ol 01 1 then ailion about 25 yeura years 0 odige age bould that accident inake linn him any more inoru to 7 this question was prot tBt ed agi by tile defense overruled anil and excel exception ina taken liken tl TI 0 doctor actor ti it lie would that any ally mull much injury through life inight make ailin more elble ur dr W it rike pike railed cabied i ant am leal of the insano there tire about seventy filin atea of ill aliu am linn now and all boram of insanity aru are exhibited there tile saino questions etero era put to ir dr piko pike as wiro vitro put to ur dr simmons the 1 lie doctor doi tor said baid the affect t of tile tho ae am dent to the young nian annn when eleven IUM II years of nyo age would lie be fracture of the skuli and concussion concussion of the ilia brain i con cushion of tile bruin may inlay prod tice titu deli r I 1 inn 1 I 1 I 1 tit a fever it I 1 it as aa t alio il i 0 I 1 immediate I 1 n nie diato there bu illness fur for time foeloa following ing it the might permanently affect tile bral brain t lie person who before vias as bright ati mi ll 11 S I 1 lively ively might become the 0 op d lie might become inarose a and baillen all Q whether stich a wound attended by tho circumstances referred to would cause tile ilia portion to be inore anoro BUS bits to excitement of c any kind and 6 tato 1 I hat the extent and probable character of such effect edict would be A tho ilia brain which has bien been bub alb jetted to such an all injury ili n usually sua BUS cep tible to excitement and d fro froin tile effects lecta cJ Q from its ila of excite what influence would stimulants have A the bruin brain anil and its susceptibility to liquor of any kind would bo be largely fit inci crouse r 1 tit ilio ductor examined tile thy bear over alie llio lift left oyo eye of tho the defendant and thought from fi oni thi the cavity unit the bono bone removed that it would indicate fracture frac tura ot of ilia skull the conditions referred to as to accident and illness are aio usually follow tol e d by alcohol Alio liol li IS A diff diffusible usable stimulant and abild ii 14 field by forne tia as it 11 Aar narcotic cotic poison tile anost powerful ellart was baa on tile brain it is an open question but held by sonio sonic that it reaches tile brain in ili its ila puro state in original pac bages tile pi per e r coli centamo tago ili i about nebout VU 90 per tent cent but in in t alna I 1 8 v aull try it crosses too many rivera to bo be think that three strong cl if alcohol diluted with a little ii titer and sugar before breakfast breaU ast would mould make ono one pretta pretty tight Alco alcohol liol would bould lo he 10 inore gioi e rapid rapidly diffused than any ordinary liquor ulio tile condition of of tile sto would retard the absorption the tha alcohol is is rapidly froia doin tile water H liter when ili in tile stomach it is 11 ijuro lolatte lol atme like 0 process as theme drinks followed follow eil tip lip through li tile day clay with several of whiskey and beer aou ld 1 naturally mako make one pretty drunk when in ili that state tho the body may inny be ili in an all automotive automa tive c but ilia brain would hardly be vi would forgot nets acts would talk foolishly anil and assort things that the person could not prove mid and would often bo be quarrelsome elsome and n d unlit tight with willi hla his best beat friend this llna wao would U id bo be what might be called callea the third stage of I 1 drunkenness the fourth stage would 0 bu be lead dead drunk the ilia evidence had shown thit that defendant lind had ills hn leg ice broken bince the ace acci dent of 1872 and from the previous oua vir ir cuni stances the doctor thought another accident tended to intensify it from i rom tile the accident on his hi held head tile the broken brohun leg and tile tho rupture rup what effect would t lie alcohol have upon the d de fondant fin paiit from all these theae combined caused causes it would be ba to modify tile the direct upon tile the brain 11 II it II pearon jr defendant took the iha stand A was shown to to la 11 ailin I 1 in which ho he stat elated d is as liia ilia broth or ars is I 1 ind and was wai exactly the same ki kind I 1 it m lie ho ono one used by him on ahli I 1 day of january last A V scabbard bar I 1 find knife were also shown defend tint which he ha identified as the iho same binne in ilia possession on that day il ay iy am alit lil 21 years old defendant was interrogated as to events connected with willi lna its earlier lii lift ho remembered the alio accident at the russ HUBS house homo I 1 lad iny brother on 11 ci back and were a playing 0 o B elidea elided I 1 I 1 d ilov iowa n the banisters and foil fell off down don n four stories striking myself on oil tile head my aly little brother will was not injured I 1 ke to member having an ab icci B on oil my lied lie d lanced cant much about tile ident and vety aci little about being at vallejo though I 1 can walton recollection is la dain as aa to any ally tiling before I 1 to chool gabse to the aident After this 1 eliud I u d mi nother iother accident acil dent liy by I 1 aich I 1 I 1 met tired iny leg there its another accident I 1 met wl th u nhan lien I 1 find my iny left lei leg cut used to experience of dizziness oc cc caslo aaion nally ally for some years after C the acci aan dent IN lien hen I 1 was wait seventeen years carao of age I 1 I 1 went calto to arizona was as first at t tilea a all and d tit at tombstone for bor bix was bookkeeper forn for u nii itin company afterwards men tinto it alie ia a dairy bubin evs went to mexico a at remaining ter tor in Ari anzon i about u went thereto abero to buy a 1 not vt ve r ry familiar with the ule arth ul alie inston distal IZ did not remain long lon and MU returned to arizona irom from there we a went vent to colorado three friends alre my companions we va were seeking et cm loy 1 ment this thia must liu lave 0 been in ili wl 1881 L 1 me to utah front from there with a stock men man nho misled to some bum young steers lound found employ in 0 tit ith li H kelca n went back to cot Col cirii ra do spent tight months unda kundit half in looking after cut tie in tho the IV ili to riding on tho ilia range we used to do couie at deer coyotes etc forrett forrest green grean was ma employed also aim ty ly sir ketchum we were tn tin ileks v to g setler echt i ware were chains bad and very erv friendly sick and le led t mr r Ret chumm employment wits atiat I 1 ed etli tit vertigo ant ami rested Itea teil about two weeks and then ranged lir avith ith mr ketchum to take ills taie race lioni horse to bolna tolna his ranch in utah I 1 had a deacre to return to my home lu in sim san francisco I 1 I 1 forrest green had baj ex esol essed it 11 desire to lu go to san francisco lie ir 0 dished to get 1 it in education sail annl 1 liu liuell I eil by Y 1 getting 1 eting might bu be bli ble to Y at 1 ighut ig hit cattle to 1 hult licke I 1 ikc ny itil I 1 lill li ll t ruc race horse esith I 1 I 1 mr ir i bartner jo ned nea gorresi 1 lirten at e creek and wu we a i kw uw days dava sifter after for or smi francisco green irien ur a at tle the cliff through 1 I ok alio bix i e gt ut homo hoine sick blek und ill dij nij fubber fur ritho I 1 him means lueana W t 1 I w wlm b 1 I 1 to tort return turn to bah tills was in fit ia it MM in IRS ast 1st that I 1 next met I 1 lid hid from froin 1842 bolom to 1883 been acting as bleik ant in other oilier positions tiona at the 1 I ild n in hotel hail no luring that arlod feriod reri od was occasionally occasion a ily in wit I 1 during the C ac avo tit in 1883 was wai fr troubled with ith pains in fit was wai deiy busy to june julie ilsa llad laid taken falln stimulating li liquor killor b act lift noticed uny any particular irti cular elreed upon me ine through drinkw 11 n liquor hail had received 1 no caution uh nn to drinking in ili low of loos oHa sibio efat 0 4 from tile dalt ren my father having cau timed 1 ilia 1110 against u ennst drinking ni ili relating ria itin to in tile accident wits na ruptured lilt cloisey 1 bv hullit ing in julie t 0 utah vent ment ao 10 IH w it 11 to my iny ranch dhere I 1 have lived ever cirice engaged in in the lauar baumi item on three dit occasions guf but ferela very ry much front from the rup rupture ru pluro turo sitt mot charley Cli arley green in in june wo 1885 at laid saw feciw forrest orein green near say my ranch nt it christmas in 1985 knew hugh NIC ML brain when alien lie lived at section 27 remember er throve ing dave baxter into tho river in in august 1885 it was vas a joking matter find ha I 1 simply pushed him ise v imd had been drinking and were on last christmas day iliin I 1 forest brebt froen aa was at section 17 7 dillich ia i about three lers of a mile from roin the ranch took barters him iwine to the ranch v with ith ino inc we leiu Iesu ineil ined our friendly relations lations rp hi he stayed il about ton ten days daya we e were very enuch lilio each attili other though lie iio was not 0 ii M mo mn 0 o c rode around 0 ii M mo mn 0 o c rode quite its an ta tall I 1 ill ili we together Kelber to wo niada made up u our brinds on it january ath to go to leh lian 1 intended to KO go to lilt alt lake to concill consult it physician muan in ierard tu roy on the morn alig c of ilia inh dili of jannai january v wu wo started I 1 0 at green to that 1 liu oa 01 donld arck fr make ck b laifi beine nt at my ranch till long ion as 09 lie v wished lalicin lal icil I 1 rodo it sorrel gillule lorrent roio rodo it a blick black lionso charley clearley Cli arley and For forresta 1 rests brother ernest had li ul their horses wo we ment to dog voll v hill anil nd whon we IMS gt got th e ro I 1 told charley ali iracy I 1 thought lit I 1 collid AV off it at nephi and consult a physician iliva ician lie ile and 16 lineal neat then suld they would go on to lehi I 1 eln 1 orrest forrest offered to go 0 into neill and stay wi we dal cl as aa vered our relations friendly biot into net in about tit lit tile union hotel had ad hupner went to tile tho entertain ellei tam infill lit at the theatre that night about midnight returned to the hotel and vent ment to bed wo na occupied ilia saine imil bed HAI had taken one ona drink that night julit juht utter after ue a yot got into nephi tile coui chui t adjourned adjoin iid at this point until thursday morning in orning at 10 thursday morning tile direct examination alion of uns ia continued forrect green and I 1 practiced shooting bho oling considerably while on oil tho the together tile the pistol produced in ili courties court les kelday and which is my brothers is identically like tile one I 1 hall had on jan jail logli wo via our pistols in lake wore cro in ill tile habit oi of carr carrying carrying ring pistols pisto lii all tile time there we were re t three I 1 ree loads folds in tile the antol n hen ve left camp but on ilia road we fl 0 behot lit at some coyotes and so 80 thera was only one load in ill my ll 11 allt ol 01 ollion 11 lien I 1 ria lya learose arose I 1 about b 1 if ill lysight on sunday morning ni orning ilia green and I 1 left the room together wo intended to get in an early start for willow creek chelk and an 1 overtake taka charley and urnest ernest it as ai a cold morning morning we WB went to tile llie telegraph OH I 1 n wanted anted to send to my father tor for aonia money there wits in n hermon ictor at tile dior of the telegraph office wi noticed notice I 1 it till it registered below zero the telegraph was not inot opened so we e walked back to tile hotel was tins no lire fire in fit the alio sitting room ana so we went over to the ilia saloon we had bad a drink dri of what I 1 thought as aa hot whiskey api ani sure I 1 did not call for or alcohol I 1 enquired enque irad for or sir mr cole as an I 1 understood he ha had been bitting up tit with mr chi chat all night we were then called by b mr roote foote to breakfast and took a drin drink with liim him remember taking two ar or three hot drinks hut but was wai not aware they were alcohol atter after breakfast we e tea fed our horses and then went to tile telegraph office and found it was wa not a money orter order office I 1 it was y for me to have soma money with wit which tell to defray expenses to belil so BO I 1 borrowed some front from cole the only tain man I 1 knew thero there had no purpose at that time of becoming intoxicated as aa I 1 m was as anxious to overtake my brother 0 ther at mona mann I 1 dont know now of 0 any reason vi A hy fly I 1 drank only that tile morning was very cold green and nd cole role roue down dow n tile the sart to get the tha money cole handed me nine dollars I 1 told him that as aa I 1 was a stranger Ht ranger coin coal to film I 1 wished to give him some borne security rity and liim him tny my iii atol t that flat I 1 had no use tor for the pistol on oil the trip rip to lehl laid and wished lit lif would take t ira it and ana lie he t ira I 1 it t ile he to take ne was satisfied that the tha gibney would bo be repaid I 1 then suggested that we he have am e a drink anil and 0 we o went in ili and took a drink I 1 remember adin hing colos coloa horie and lie naked asked us ua to gu go out and look at him lie ho then abbed me ilia to try him hi in I 1 got on oil linn him bill and rollins on till nn off oilier car we left I 1 oust green it thou loon local C cole to then took charo charge of 0 tho the horse my mentory memory is is somewhat Bonie whitt di fluent deficient now 0 of I 1 phat ft hat ile next at occurred red lint but I 1 remember paying my bill during tile the forenoon tit at tile tha hotel I 1 remember forrest green singing but cant remember being in the iha corral trading horses horse sor or drinking cant remember in filet till after 0 in ili lie evening have it axi impression of roping my mule in 1 I 1 dont remember any ally of 6 I 1 the events retold besides bosi ilea 1 I flat I 1 davd I 1 never had tile the least trace of finity or hostility nor never hid hadi an all angry angry word ord or disagreed fix conversation knitli ith forrest green at any timp tile rhe first thing I 1 remember was ill tile cell at thu the jail late in it the I 1 meole aud ai I 1 qt q at t up I 1 heard soine ono one at the door cazier camo in and I 1 I 1 oil ell tn min man an loco I 1 you ara I 1 I 1 tn min man an you doting u up P euid biu alid if it is ii not ainah ai nat tile r rulia to of tile lie house I 1 would it like ke to conio out I 1 see on oa luve have a fire e aliey let ILI nio me out to the bra about t tarro b r e rai nuis then 1 lund vm put 1 in u tho the cell aill and soon eoon ill full I 1 awoke sev ac oral enil times und wits ana very cry thirsty 1 I wondered where furest forest ireen vaa find it he was at rested to tile alio next morning tile the sheriff came ili in about S itu told me ilia what bhat I 1 wits waa in ili there for unit old lie he told me in tile the same V the he til night vitt before hu t guetis ed I 1 it had ad forgotten I 1 it t ile t told old tile nio I 1 had shot foi rl st green but said it wits nothing ili bijil ud i jil 4 world that killed him but u hickoy 1 I did not lot the then I 1 I 1 bild lild i tel killed film anni aai thought I 1 was wai in fit jail for being iiii ink I 1 naked asked the |