Show TIE WALKEr HOMICIDE hid GHmor llo U Hc ShooUnb Jll elfIn elf-In the coulluuatlon cnUnuaUol yesterday Clc afternoon of Uio te preliminary cram mallets into the killing of Joseph Walkcyby Charles Gilmor Charles Francis Gllmer sou of the defendant defend-ant testified I was tCeut years old lastSpjIng was with futher oil last Monday morning we went to dig a rabbit out that my father had shot the day prerlou I do not know how long we were at the rabbit rab-bit hole but we did not set the rabbit after we gave up the rabbit saw old DeMotts sheep on our land about TOO or SO of them come on the land altogether they all came on to the land while we were at the rabbit hole we were about two hundred yards from where the Ihjl canto on we went from the rabbit hole and started to drive the sheep home about a mil distant it would have beea easier to havedrivcn them off the laud the same way they came on than to have driven I them down t the house the reason son we drovn them down to the WKSC was because we wanted to corral them it took us about three quarters of an hour to drive them down I had known Joe Walkey for more than a year but I have no j men now ma lie was Ill told me onto that if my tattler Overtook Over-took any of lib sheep he would kill him on the morning Walkey wa killed 1 first saw him about one and a half miles west of our house we were about two hundred yards West of the house when he first fired his gu n the bullet from which very nearly struck my little brother I know it nearly struck him b cause he told me so we paid no at tentionto the shooting but kept on I driving the sheep soon afterwards I another shot was Nrcdand this time Wnlkcy was about three hundred j yards anay he kept coming towards us but did not say anything but father Rid Oh Frank sec how near the bullet came t XelllejJ it plowed up the ground about A loot and a half awayfrcm her he walked rapidly towards us but we paidno attention to him just before father shot Walkey he asked him What tlo you mean by shooting at my folks Walkey did not say any thing in reply but started to raise lib gun when my pa raised his gun and fired and killed Walkey the only remark Walkey made was Oh God and this a just b I fore his knees bent and he fell over backwards lie did not move after he fell to the ground we then tried t get the shce > in the corral but were annoyed by the dog which my papa shot pa did not go near the body at all lie paid no attention to it but attended t the sheep I I leer had any trouble with rnlky and I do not think pa ever had I any he was talking about a suitS I suit-S e had with Henry Williumwheu I he made the remark about killing father if ho ever took any of his sheep the Williams case was one In which my pa sued Williams for trespass > because the latters sheep ran ou our laud last spring Walkey said we were the damndest folks on earth there was no trouble b tween Walkey and my folks that I know of the deputies got out there in the afternoon some hours after the killing which occurred about S or 9 oclock the body was lying where it fell when the oflicers came there they went aud looked at the body and I told some of them how I happened pa a about two rods from VaIkey when he shot To Colonel Ivaijihn Walkey was working fur LeNott I believe IX l came to town pretty quick after the shooting occurred he went to ocrrd t your house and then to the court building build-ing the shot covered a round placemen Walkeys breast about six inches across the shots used 1 were No a I believe when we first I started to drive the j a trl thl sheep youn I son of DeMotta came out and teeked his dog on the shcepwhen j I ia dW him to take his I i dog away j I hut he wouldnt do it the boy then I went homo to DeMotfs To Mr McKay1 picked up one of the bullets tired from Walkeys gun gunKddie Eddie Gilmor a younger sou of the defendant was the next u itness railed He testified U was broad daylight when and Frank went daylht pa ali Frnk lnt to dig a bunny p so they could get some work done that day they took a shovel and a shotgun with them I loaded some shells on Sunday Sun-day putting in four drachms of powder and one and an eighth ounce of No 2 shot I milked six cows while they were SOUl when 11 I saw pa and Charley returning they j had a bunch of sheep with them This witness told a similar story to that related bv his elder brother alleging that the frt time Walkty shot the bullet just grazed his arm and plowedup thcgrouud near him he closed with the statement that when Walkey raised his gun pa raised his and Iropjied him I examination was continued before Uh Commissioner I Greciiman LUl3 lUIUU V i appearing for the prosecution l r The t witness was Frankie I Gilmor son of the defendant Ite fore Uiis witness began to testify several others were excluded from the room When father went out t dig out the rabbit he fired 1 four shots ole accidentally the other three at two do Walkeyfired two shot making mak-ing six iu 1 Could Fee no iersoii when we welt out after the sheep if alone had Ittu within half a milt or a mil I would have KIII them when DeMotts boy got to st his liou e I xaw two men leave I together one of them was alkly the other came only a short distance Crossexamined and my father were about onefourth of a mile from DeMottV house when his boy left us to go home and about one mile from our house The country between our IIOUH and DeMotts 6 level There i a hollow about one hundred yards south of our house we drove the sheep towards this hollow to avoid a fence When we were driving the sheep I plainly saw two men ire DeMotts house Could not recognize them at that distance Jot sight of one of them the other was Walkey who came up near me and 1113 father dont know how far the mel were from us when they parted The witness yesterday testified t tena tll that Walkey fired a shot which drew hU attention to him but sriid nothing about another man leaving I Dc Motfa with him Today he said his attention wa < not drawn to Walkevbya shut tired bv the hatter terThis This witness answered a few unimportant un-important questions put by Mr Kaighn when ISergcn De Mutt was JILC ou the stand by the pros ecution Had resided in ortli Point five or six years had known defendant de-fendant about that length of time saw Walkey tme sw Joseph Wne last alive on Monday morning De 23 That morning my little buy went after my sheep I a outdoing out-doing some chords Trhen 1 heard I shot followed soon by another A few minutes later my little boy came home crying In a few I minutes house towards Walkey Gilmor started from had my no conversation with Walkey Infore lie started After he had been gone about long enough t reach Gilmors I II heard a shot followed iu I about a minute by another I then took a shot gun and started start-ed for Gilmors On the way I I saw my dog which lol had been shot I went up to Gilmors house I saw r Gilmor herding the sheep saw Walkeys body it lay about I sixty yards west of Juniors house a gun lay near I Mr Franks examined amined the gun there was one cart te cr ridge I in it I was about twenty minutes or half an hour after my boy returned before I heard the two shot at Gil mars there is a dltference between 1 I the report of a shotgun and tile Witness described this diflereuec ho is s familiar with It A Wln Chester I ritle is supposed to carry I I I 1000 yards If more than four shots had been fired that shot would likely have heanl them hen theU Cross examined When Mr Franks picked up the gun near Walkeys body it a cocked and contained 0110 cartridge i would hold nine the tI gun was mine my boy usual took I with him when I he went out after the sheep The sheep spent the iiight before the shooting about a quarter of a mile east of my house Dont know how they came t go ton Giimoreii My boy li eleven years old Itefore lie came back I heard two hol Dont know how many cartridges were In the gun when Walkey took it dont think there were any Only heard four shots that tt morning I Think there was no wild dont recollect rlet positively The wind blew later in the day but I dont think there was any wind when I started for Gilruurs My boy came to me crying Gimorl corral where I was milking said nothing to him he went Into the I barn dont know n bother he 1 talked I with Walkey before the latter started for Gilmors My ol ject ingoing in-going over to Gilmors was to see what caused theshots passed with in from 30 t 100 feel of Waikeys body without seeing it I My tnt words were not Vherea Gilmor Went to Gilniorsarmed because I thought it best todo so Gilmor has lund litigation with me two or three time lie is suing me uovr for damage j cl to have been done by my sheep dont feel very kindly towards him think he is a Lad man never threatened him I dont recollect threatening him about three weeks ago in talking with a man named George Canning orinyiug to Canning that I Gilmor didnt look out I would shoot him dont know a man named George Canning dont remember convers ing with him I Joseph hansen and Jeon Im lay removed the body to ray house did not search the body nor the pockets nor see it done Walkey wore two shirts panO overalls lust and shoes Helped to remove his clothes the shots spread over a space about as large as a mans hand they did not spread over a space as > 8C large as my two hands The rifle a used for target prac tire within a week before the Jre Walkey was a good shot have seen him hit a tin can thrown In the air with a rifle rll To Mr Morse Have known Wal I Sey ever since I lived at North Point lie has been in my employ most of that time Dant know of hU having had any difficulty with Gilmor IAOU Imlay testlflej Have resided sided at North Point two months know defendant knew Walkey bIght b-Ight Never had any dealings nor difficulty with defendant On the morning of thcinj at or before 9 oclock I wasat a houseabout hal a mile from Gilmors did not notice any wild heard two shots a few minutes apart at Gilmors could fee his apr i To Mr Kaighn SAW three men I out shooting south of Gllmord that morning I is I no uncommon thing to her hot in that neighborhood was out hauling salt weed that morning my little brother seven years old was with me To Mr Morse When 1 heanl the second shot at Gilmors I heanl ado ell ll George Ualdwin testified Live half a mile from iilmors On the morning fn the 3d I heard l tvo shots at Gilmor about 9 oclock I I the shots were a few minutes apart Nothing important was elicited from lion thus witness on crossexamina tionOrson Orson DeMott tiitlfied I am eleven years oh Last Monday morning I went after fathers sheep Saw Mr Gilmor and hN largest Uo one had a gun and the other a spade 1 set the dog on the sheep to drive them home when Mr i mor shot twice hitting the dog lie I nst time he also kicked me anti sent me home When 1 go hOle I saw Mr Walkey he started out after the sheep Cros examlned I found some of the sheep ou Gilmors Lind said nothing to Mr Giluior DUnt say t him M 1 v IXJr 1 will shoot you fur this Told Walkey what Iiad hap pelted before I told I lpo Dont know how 1 many cartridges there were in the gun but think there was only one because on the day beforcthere ireouly tworattridges in the house and one of those was fired Have talked with my father about it he said he thought there was only one cartridge in the gun After Walkey left I heard two shots at GilinoiV I was at home When I welt after the sheep and met tIll roor the first hot he fired pn sed light in front of mi the next hit the dog dont thilk the first shot was accidental Dont think Walkey was unfriendly with ll Illmor He was a good shot have stout him hit tin cans thron I in thom air He never said a word when he started for Gilmors Dont think there are any cartridges iu our house HrJ M Ilenedict testified to the nature of the would in Walkeys breast flY could be covered by a mans hand except one shot inure than onehcif of the hot entered the heart A recess was taken till 2 pm |